Florida Statute 27.704 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 27.704

Total Results: 4

Albert A.A. Cartenuto, III v. Justice Administrative Commission

Court: Fla. | Date Filed: 2019-01-03T23:53:00-08:00

Snippet: qualifications to be a designated attorney under section 27.704(2), Florida Statutes. Cartenuto responded that…designated attorney qualifications apply under section 27.704(2): those in force when Cartenuto was appointed…and designated attorneys are set out in section 27.704(2). Prior to 2013, the statute stated: A… of at least five of such proceedings. § 27.704(2), Fla. Stat. (2012) (emphasis added). A 2013 … of the capital collateral regional counsel.” § 27.704(3). Therefore, for those unqualified designated

Albert A.A. Cartenuto, III v. Justice Administrative Commission

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 908

Snippet: qualifications to be a designated attorney under section 27.704(2), Florida Statutes. Cartenuto responded that …designated attorney qualifications apply under section 27.704(2) : those in force when Cartenuto was appointed…and designated attorneys are set out in section 27.704(2). Prior to 2013, the statute stated: A private…combination of at least five of such proceedings. § 27.704(2), Fla. Stat. (2012) (emphasis added). A 2013 …combination of at least five of such proceedings. § 27.704(2) (emphasis added). 3 In his Verified

In Re Amend. to Fla. Rules of Crim. Proc.

Court: Fla. | Date Filed: 2002-02-20T23:53:00-08:00

Citation: 820 So. 2d 185

Snippet: capital postconviction proceedings, see section 27.704, Fla. Stat. (2000),[4] as well as *189 providing…the Capital Litigation Trial Bar). [2] Section 27.704, Florida Statutes (2000), specifically allows law…convicted and sentenced to death). [4] Section 27.704, Florida Statutes (2000), provides: Appointment

Gulf Cities Gas Corp. v. Tangelo Park Service Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1971-10-27T00:53:00-07:00

Citation: 253 So. 2d 744

Snippet: the plaintiff recover from defendant Gulf Cities $27,704.52 plus interest in the amount of $3,386.36, and