27.7045
Capital case proceedings; constitutionally deficient representation.
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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.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2014–2025 · leading case: Dane P. Abdool v. Pam Bondi, etc.
Dane P. Abdool v. Pam Bondi, etc. (2014)
“Section 27.7045, Florida Statutes, is created to read: 27.”
In Re: Amendments to Florida Rule of Criminal Procedure 3.112 (2021)
“The Committee proposed adding a new paragraph to subdivision (d), List of Qualified Conflict Counsel, to include a list in each circuit court of counsel disqualified pursuant to section 27.7045, Florida Statutes (2020) (Capital case proceedings; constitutionally deficient…”
In Re: Amendments to Florida Rules of Criminal Procedure - 2025 Legislation (2025)
“(3) The chief judge for each circuit shallmust maintain a list of counsel who are disqualified to provide capital case representation pursuant tounder section 27.7045, Florida Statutes, and such list and any amendments thereto shallmust be forwarded to the chief judge of every…”
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