Florida Statute 27.7045 | 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. 27.7045

27.7045 Capital case proceedings; constitutionally deficient representation.—Notwithstanding any other provision of law, an attorney employed by the state or appointed pursuant to s. 27.711 may not represent a person charged with a capital offense at trial or on direct appeal or a person sentenced to death in a postconviction proceeding if, in two separate instances, a court, in a capital postconviction proceeding, determined that such attorney provided constitutionally deficient representation and relief was granted as a result. This prohibition on representation shall be for a period of 5 years, which commences at the time relief is granted after the highest court having jurisdiction to review the deficient representation determination has issued its final order affirming the second such determination.

History.—s. 7, ch. 2013-216; s. 1, ch. 2016-10.

F.S. 27.7045 on Google Scholar

F.S. 27.7045 on Casetext

Amendments to 27.7045

Arrestable Offenses / Crimes under Fla. Stat. 27.7045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.7045.

Annotations, Discussions, Cases:

Cases Citing Statute 27.7045

Total Results: 4

In Re: Amendments to Florida Rule of Criminal Procedure 3.112

Court: Fla. | Date Filed: 2021-04-01T00:53:00-07:00

Snippet: court of counsel disqualified pursuant to section 27.7045, Florida Statutes (2020) (Capital case proceedings…capital case representation pursuant to section 27.7045, Florida Statutes, and such list and any amendments…capital case representation pursuant to section 27.7045, Florida Statutes, and such list and any amendments

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

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

Snippet: counsel must not be disqualified pursuant to s. 27.7045; must have at least 3 years’ experience in

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: counsel must not be disqualified pursuant to s. 27.7045; must have at least 3 years' experience in

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: Section 27.7045: Constitutionally Deficient Representation Section 27.7045, a new provision… Section 7. Section 27.7045, Florida Statutes, is created to read: 27.7045: Capital case proceedings…United States Constitution. Section 27.7045: Constitutionally Deficient Representation …this claim, the Petitioners allege that section 27.7045 unconstitutionally encroaches on the exclusive…attorneys. The plain language of section 27.7045 reflects that the Legislature intended for the