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. 27.7045

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 from cite.case.law:

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

. . . or public defender under contract with the regional counsel must not be disqualified pursuant to s. 27.7045 . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . Section 27.7045: Constitutionally Deficient Representation Section 27.7045, a new provision created by . . . Section 27.7045: Constitutionally Deficient Representation In this claim, the Petitioners allege that . . . section 27.7045 unconstitutionally encroaches on the exclusive jurisdiction of this Court to “regulate . . . Section 27.7045, Florida Statutes, is created to read: 27.7045: Capital case proceedings; constitutionally . . . We further conclude that the disqualification provision of section 27.7045 applies to assistant public . . .