Florida Statutes

Fla. Stat. § 27.704 (2025)

Appointment of assistants and other staff.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1996–2019 · leading case: Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996).

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Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996). · cites it 5× “” Fla.Stat. § 27.704(1). There is no additional requirement that either the Capital Collateral Representative or his or her assistant representatives, have any degree of specialization or skill in the arena of habeas proceedings.”

Downs v. McNeil, 520 F.3d 1311 (11th Cir. 2008). “” Fla. Stat. § 27.704 (1). When Downs’ second lawyer resigned in November 2000, no other attorneys at CCRC-N office were qualified to handle Downs’ case although CCRC-N remained Downs’ counsel of record.”

In Re Amend. to Fla. Rules of Crim. Proc., 820 So. 2d 185 (Fla. 2002). · cites it 5× “[2] Section 27.704, Florida Statutes (2000), specifically allows law school graduates who are not qualified to serve as "full-time assistant capital collateral counsel" to serve on the CCRCs legal staff but not serve as the sole counsel on a case.”

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n, 260 So. 3d 908 (Fla. 2018). · cites it 13× “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n (Fla. 2019). · cites it 12× “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

— 27.704(1) — 1 case

Hill v. Butterworth, 941 F. Supp. 1129 (N.D. Fla. 1996). “” Fla.Stat. § 27.704(1). There is no additional requirement that either the Capital Collateral Representative or his or her assistant representatives, have any degree of specialization or skill in the arena of habeas proceedings.”

— 27.704(2) — 2 cases

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n, 260 So. 3d 908 (Fla. 2018). “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n (Fla. 2019). “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

— 27.704(3) — 2 cases

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n, 260 So. 3d 908 (Fla. 2018). “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

Albert A.A. Cartenuto, III v. Just. Admin. Comm'n (Fla. 2019). “§ 27.704(2), Fla. Stat. (2012) (emphasis added).”

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