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Fla. Stat. § 27.703 (2025)

Conflict of interest and substitute counsel.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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27.703 Conflict of interest and substitute counsel.—
(1) The capital collateral regional counsel shall not accept an appointment or take any other action that will create an actual conflict of interest. If, at any time during the representation of a person, the capital collateral regional counsel alleges that the continued representation of that person creates an actual conflict of interest, the sentencing court shall, upon determining that an actual conflict exists, designate another regional counsel. If the replacement regional counsel alleges that an actual conflict of interest exists, the sentencing court shall, upon determining that an actual conflict exists, appoint one or more members of The Florida Bar who meet the requirements of s. 27.704(2) and who are not disqualified pursuant to s. 27.7045 to represent the person. An actual conflict of interest exists when an attorney actively represents conflicting interests. A possible, speculative, or merely hypothetical conflict is insufficient to support an allegation that an actual conflict of interest exists.
(2) Appointed counsel shall be paid from funds appropriated to the Justice Administrative Commission. The hourly rate may not exceed $100. However, all appointments of private counsel under this section shall be in accordance with ss. 27.710 and 27.711.
(3) Capital collateral regional counsel appointed pursuant to this section must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings, and must not be disqualified pursuant to s. 27.7045.
History.—s. 3, ch. 85-332; s. 147, ch. 95-147; s. 3, ch. 96-290; s. 3, ch. 97-313; s. 2, ch. 99-221; s. 13, ch. 2000-3; s. 86, ch. 2003-261; s. 5, ch. 2013-216; s. 3, ch. 2024-153.
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1996–2025 · leading case: Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014).
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Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). · cites it 21× “See § 27.703, Fla. Stat. (2012). Further, the amended statute places the responsibility of determining whether an actual conflict exists on the court.”
& SC16-481 Harrel Franklin Braddy v. State of Florida & Harrel Franklin Braddy v. Julie L. Jones, etc., 219 So. 3d 803 (Fla. 2017). · cites it 8× “§ 27.703(1), Fla. Stat. “An actual conflict of interest that adversely affects counsel’s performance violates the Sixth Amendment of the United States Constitution.”
Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996). · cites it 8× “702 (capital collateral representative “shall represent each person convicted and sentenced to death in this state in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear”) (emphasis added); Fla.Stat. § 27.703 (requiring appointment…”
Daniel Lugo v. Sec'y, Florida Dep't of Corr., 750 F.3d 1198 (11th Cir. 2014). · cites it 2× “For that reason, and pursuant to Fla. Stat. § 27.703 (1), CCRC-Middle Region asked to be permitted to withdraw and for the court to appoint in its place conflict-free registry counsel qualified under Fla.”
Orange Cnty. v. Williams, 702 So. 2d 1245 (Fla. 1997). · cites it 10× “" § 27.703, Fla. Stat. (Supp.1996). The statute was also amended to delete reference to indigents in accordance with the 1996 amendment of the duties of CCR to include representation of "each person convicted and sentenced to death in this state in collateral postconviction…”
Amendments to Florida Rules of Crim. Procedure 3.851, 3.852 & 3.993, 802 So. 2d 298 (Fla. 2001). · cites it 4× “The Attorney General suggests language similar to the following: No other motion to withdraw shall be entertained after the initial time allowed in subsections (2) and (3), unless the motion to withdraw is based on a specific conflict of interest as set forth in section 27.703,…”
In re Amendments to the Florida Rules of Jud. Admin., 148 So. 3d 1171 (Fla. 2014). · cites it 2× “Motions to withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change] (4) In every capital postconviction case, one lawyer shall be…”
Hill v. Butterworth, 170 F.R.D. 509 (N.D. Fla. 1997). · cites it 3× “Fla.Stat. § 27.703. On October 23, 1996, the Supreme Court of Florida issued an Administrative Order directing all sentencing courts in the state to follow the guidance of this statute.”
Amendments to Crim. Proc. 3.851 & 3.590, 945 So. 2d 1124 (Fla. 2006). · cites it 2× “Motions to withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after Capital Collateral Regional Counsel or Registry…”
Colonel v. State, 723 So. 2d 853 (Fla. 3d DCA 1998). “The Williams Court reasoned that since the CCR was directed by statute to pay costs, see section 27.703, the County could not be responsible for them.”
Glen Edward Rogers v. State of Florida (Fla. 2025). · cites it 3× “Section 27.703(1), Florida Statutes, permits a sentencing court to determine if an “actual conflict” exists and, if so, first requires the appointment of a different regional counsel (CCRC); if the sentencing court determines the other region has an “actual conflict,” then it…”
In Re: Amendments to Florida Rules of Crim. Procedure 3.220, 3.851, & 3.853 (Fla. 2025). · cites it 2× “Motions to withdraw filed more than 30 days after the issuance of the mandate shallmust not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after Capital Collateral Regional Counsel or Registry…”
Show all 16 citing cases →
— 27.703(1) — 3 cases
Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “See § 27.703, Fla. Stat. (2012). Further, the amended statute places the responsibility of determining whether an actual conflict exists on the court.”
& SC16-481 Harrel Franklin Braddy v. State of Florida & Harrel Franklin Braddy v. Julie L. Jones, etc., 219 So. 3d 803 (Fla. 2017). “§ 27.703(1), Fla. Stat. “An actual conflict of interest that adversely affects counsel’s performance violates the Sixth Amendment of the United States Constitution.”
Glen Edward Rogers v. State of Florida (Fla. 2025). “Section 27.703(1), Florida Statutes, permits a sentencing court to determine if an “actual conflict” exists and, if so, first requires the appointment of a different regional counsel (CCRC); if the sentencing court determines the other region has an “actual conflict,” then it…”
— 27.703(a) — 1 case
Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “See § 27.703, Fla. Stat. (2012). Further, the amended statute places the responsibility of determining whether an actual conflict exists on the court.”
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