The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.704

27.704 Appointment of assistants and other staff.—Each capital collateral regional counsel may:

(1) Appoint, employ, and establish, in such numbers as he or she determines, full-time or part-time assistant counsel, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose. A full-time assistant capital collateral counsel must not be disqualified pursuant to s. 27.7045; must be a member in good standing of The Florida Bar, with not less than 3 years’ experience in the practice of criminal law; and, prior to employment, 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. Law school graduates who do not have the qualifications of a full-time assistant capital collateral counsel may be employed as members of the legal staff but may not be designated as sole counsel for any person.

(2) Contract with private counsel who are members in good standing of The Florida Bar or with public defenders for the purpose of providing prompt and cost-effective representation for individuals who are sentenced to death in this state. A private counsel or public defender under contract with the regional counsel must not be disqualified pursuant to s. 27.7045; must have at least 3 years’ experience in the practice of criminal law; and, prior to the contract, must have participated in at least two capital trials or capital sentencing proceedings, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings.

(3) Appoint pro bono assistant counsel, who must be members in good standing of The Florida Bar, and who shall serve without compensation at the discretion of the capital collateral regional counsel.

History.—s. 3, ch. 85-332; s. 148, ch. 95-147; s. 4, ch. 97-313; s. 6, ch. 2013-216.

F.S. 27.704 on Google Scholar

F.S. 27.704 on Casetext

Amendments to 27.704

Arrestable Offenses / Crimes under Fla. Stat. 27.704

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.704.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. A. CARTENUTO, III, v. JUSTICE ADMINISTRATIVE COMMISSION,, 260 So. 3d 908 (Fla. 2018)

. . . The qualifications for registry and designated attorneys are set out in section 27.704(2). . . . . § 27.704(2), Fla. Stat. (2012) (emphasis added). . . . . § 27.704(2) (emphasis added). . . . Therefore, the 2012 version of section 27.704(2) applies and controls here. . . . ." § 27.704(2), Fla. Stat. (2012). . . .

C. DOWNS, v. A. McNEIL,, 520 F.3d 1311 (11th Cir. 2008)

. . . . § 27.704(1). . . .

IN RE AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE- RULE MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES, 820 So. 2d 185 (Fla. 2002)

. . . capital counsel and for conflict counsel appointed in capital postconviction proceedings, see section 27.704 . . . Section 27.704, Florida Statutes (2000), specifically allows law school graduates who are not qualified . . . Section 27.704, Florida Statutes (2000), provides: Appointment of assistants and other staff. . . .

E. HILL, v. A. BUTTERWORTH, K., 133 F.3d 783 (11th Cir. 1997)

. . . hearings, or any combination of at least five of such proceedings” prior to court appointment); and § 27.704 . . .

HILL, v. BUTTERWORTH, K., 941 F. Supp. 1129 (N.D. Fla. 1996)

. . . . § 27.704(1). . . . is authorized to employ full-time staff attorneys, investigators, and necessary support personnel. § 27.704 . . . that even to the minimal extent that Florida sets competency standards in Florida Statutes Section -27.704 . . . that these 2 new attorneys do not have the requisite 2 years criminal experience required by section 27.704 . . .