Florida Statute 27.710 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

View Entire Chapter

F.S. 27.710

27.710 Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.—

(1) The executive director of the Justice Administrative Commission shall compile and maintain a statewide registry of attorneys in private practice who have certified that they meet the minimum requirements of s. 27.704(2), who are available for appointment by the court under this section to represent persons convicted and sentenced to death in this state in postconviction collateral proceedings, and who have attended within the last year a continuing legal education program of at least 10 hours’ duration devoted specifically to the defense of capital cases, if available. Continuing legal education programs meeting the requirements of this rule offered by The Florida Bar or another recognized provider and approved for continuing legal education credit by The Florida Bar shall satisfy this requirement. The failure to comply with this requirement may be cause for removal from the list until the requirement is fulfilled. To ensure that sufficient attorneys are available for appointment by the court, when the number of attorneys on the registry falls below 50, the executive director shall notify the chief judge of each circuit by letter and request the chief judge to promptly submit the names of at least three private attorneys who regularly practice criminal law in that circuit and who appear to meet the minimum requirements to represent persons in postconviction capital collateral proceedings. The executive director shall send an application to each attorney identified by the chief judge so that the attorney may register for appointment as counsel in postconviction capital collateral proceedings. As necessary, the executive director may also advertise in legal publications and other appropriate media for qualified attorneys interested in registering for appointment as counsel in postconviction capital collateral proceedings. Not later than September 1 of each year, and as necessary thereafter, the executive director shall provide to the Chief Justice of the Supreme Court, the chief judge and state attorney in each judicial circuit, and the Attorney General a current copy of its registry of attorneys who are available for appointment as counsel in postconviction capital collateral proceedings. The registry must be indexed by judicial circuit and must contain the requisite information submitted by the applicants in accordance with this section.

(2) To be eligible for court appointment as counsel in postconviction capital collateral proceedings, an attorney must certify on an application provided by the executive director that he or she satisfies the minimum requirements for private counsel set forth in s. 27.704(2).

(3) An attorney who applies for registration and court appointment as counsel in postconviction capital collateral proceedings must certify that he or she is counsel of record in not more than nine such proceedings and, if appointed to represent a person in postconviction capital collateral proceedings, shall continue such representation under the terms and conditions set forth in s. 27.711 until the sentence is reversed, reduced, or carried out or unless permitted to withdraw from representation by the trial court. The court may not permit an attorney to withdraw from representation without a finding of sufficient good cause. The court may impose appropriate sanctions if it finds that an attorney has shown bad faith with respect to continuing to represent a defendant in a postconviction capital collateral proceeding. This section does not preclude the court from reassigning a case to a capital collateral regional counsel following discontinuation of representation if a conflict of interest no longer exists with respect to the case.

(4) Each private attorney who is appointed by the court to represent a capital defendant must enter into a contract with the Justice Administrative Commission. If the appointed attorney fails to execute the contract within 30 days after the date the contract is mailed to the attorney, the executive director shall notify the trial court. The Justice Administrative Commission shall function as contract manager and enforce performance of the terms and conditions of the contract. The Justice Administrative Commission shall approve uniform contract forms for use in procuring the services of private court-appointed counsel and uniform procedures and forms for use by a court-appointed attorney in support of billing for attorney fees, costs, and related expenses to demonstrate attorney completion of specified duties. By signing such contract, the attorney certifies that he or she intends to continue the representation under the terms and conditions set forth in the contract until the sentence is reversed, reduced, or carried out or until released by order of the trial court.

(5)(a) Upon the motion of the capital collateral regional counsel to withdraw; or

(b) Upon notification by the state attorney or the Attorney General that:

1. Thirty days have elapsed since appointment of the capital collateral regional counsel and no entry of appearance has been filed; or

2. A person under sentence of death who was previously represented by private counsel is currently unrepresented in a postconviction capital collateral proceeding,

the executive director shall immediately notify the trial court that imposed the sentence of death that the court must immediately appoint an attorney, selected from the current registry, to represent such person in collateral actions challenging the legality of the judgment and sentence in the appropriate state and federal courts. The court shall have the authority to strike a notice of appearance filed by a Capital Collateral Regional Counsel, if the court finds the notice was not filed in good faith and may so notify the executive director that the client is no longer represented by the Office of Capital Collateral Regional Counsel. In making an assignment, the court shall give priority to attorneys whose experience and abilities in criminal law, especially in capital proceedings, are known by the court to be commensurate with the responsibility of representing a person sentenced to death. The trial court must issue an order of appointment which contains specific findings that the appointed counsel meets the statutory requirements and has the high ethical standards necessary to represent a person sentenced to death.

(6) More than one attorney may not be appointed and compensated at any one time under s. 27.711 to represent a person in postconviction capital collateral proceedings. However, an attorney appointed under this section may designate another attorney to assist him or her if the designated attorney meets the qualifications of this section.

History.—s. 3, ch. 98-197; s. 4, ch. 99-221; s. 11, ch. 2000-3; s. 3, ch. 2002-31; s. 5, ch. 2003-1; s. 87, ch. 2003-261; ss. 63, 64, 82, ch. 2011-47; s. 4, ch. 2011-131; s. 9, ch. 2013-216; s. 6, ch. 2020-2.

F.S. 27.710 on Google Scholar

F.S. 27.710 on Casetext

Amendments to 27.710

Arrestable Offenses / Crimes under Fla. Stat. 27.710

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.710.

Annotations, Discussions, Cases:

Cases Citing Statute 27.710

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: represent defendants as registry attorneys. See § 27.710(1), Fla. Stat. Under the relevant statutes, a

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

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: have entered into a contract at that time. See § 27.710(4), Fla. Stat. (2012) (“Each private attorney who

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

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 908

Snippet: defendants as registry attorneys. See § 27.710(1), Fla. Stat. Under the relevant statutes, a registry

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2016-12-22

Citation: 210 So. 3d 1

Snippet: arguments. However, this is not mandated by section 27.710, Florida Statutes. Instead, counsel is only required

Suggs v. State

Court: Supreme Court of Florida | Date Filed: 2014-09-04

Citation: 152 So. 3d 471, 39 Fla. L. Weekly Supp. 577, 2014 Fla. LEXIS 2658, 2014 WL 4377746

Snippet: McClain filed a motion pursuant to sections 27.7001, 27.710, and 27.711, Florida Statutes (2011) with the Circuit

Public Defender, Eleventh Judicial Circuit of Florida v. State

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 261, 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038

Snippet: in considering the statutory scheme in sections 27.710 and 27.711 of the Florida Statutes (2007), which

McClain v. Atwater

Court: Supreme Court of Florida | Date Filed: 2013-03-21

Citation: 110 So. 3d 892, 38 Fla. L. Weekly Supp. 169, 2013 WL 1149709, 2013 Fla. LEXIS 484

Snippet: 1986). In 1998, the Legislature enacted sections 27.710 and 27.711 of the Florida Statutes, which provide

Howell v. State

Court: Supreme Court of Florida | Date Filed: 2013-02-19

Citation: 109 So. 3d 763, 38 Fla. L. Weekly Supp. 140, 2013 Fla. LEXIS 306, 2013 WL 646550

Snippet: withdraw under the registry statute, citing section 27.710(3), Florida Statutes (2012). Critical to our analysis

Melton v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-10

Citation: 56 So. 3d 868, 2011 Fla. App. LEXIS 3211, 2011 WL 831135

Snippet: remanded. PADOVANO and CLARK, JJ„ concur. . Section 27.710, Florida Statutes (2009), creates a "registry”

Darling v. State

Court: Supreme Court of Florida | Date Filed: 2010-07-01

Citation: 45 So. 3d 444, 35 Fla. L. Weekly Supp. 389, 2010 Fla. LEXIS 1050, 2010 WL 2606029

Snippet: counsel and the attorneys appointed pursuant to s. 27.710 shall file only those postconviction or collateral

Cox v. State

Court: Supreme Court of Florida | Date Filed: 2009-03-12

Citation: 5 So. 3d 659, 34 Fla. L. Weekly Supp. 269, 2009 Fla. LEXIS 391, 2009 WL 617793

Snippet: registry of attorneys maintained pursuant to s. 27.710." If the scope of representation available from

Maas v. Olive

Court: Supreme Court of Florida | Date Filed: 2008-09-25

Citation: 992 So. 2d 196, 2008 WL 4346431

Snippet: HISTORY The Florida Legislature enacted sections 27.710 and 27.711 of the Florida Statutes in 1998, creating

State v. Kilgore

Court: Supreme Court of Florida | Date Filed: 2007-11-21

Citation: 976 So. 2d 1066, 2007 WL 4142744

Snippet: postconviction capital collateral proceedings. See § 27.710, Fla. Stat. (2002) (providing for the maintenance

Amendments to Crim. Proc. 3.851 and 3.590

Court: Supreme Court of Florida | Date Filed: 2006-12-07

Citation: 945 So. 2d 1124, 2006 WL 3511520

Snippet: registry of attorneys maintained pursuant to s. 27.710"). The present amendment renders the rule consistent

Kilgore v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-06-21

Citation: 933 So. 2d 1192, 2006 WL 1689289

Snippet: counsel and the attorney appointed pursuant to s. 27.710 shall file only those post-conviction collateral

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-04-25

Snippet: counsel and private counsel appointed pursant to ss. 27.710 and 27.711, and advise and make recommendations

FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman

Court: Supreme Court of Florida | Date Filed: 2006-01-26

Citation: 921 So. 2d 598, 31 Fla. L. Weekly Supp. 53, 2006 Fla. LEXIS 35, 2006 WL 176748

Snippet: solo practitioner, is assigned to each case. See § 27.710(6), Fla. Stat. (2005) (providing that no more than

Olive v. Maas

Court: District Court of Appeal of Florida | Date Filed: 2005-09-02

Citation: 911 So. 2d 837, 2005 Fla. App. LEXIS 13869, 2005 WL 2105911

Snippet: appointed pursuant to s. 27.710, or seeking appointment pursuant to s. 27.710, to be compensated above

Ferrell v. State

Court: Supreme Court of Florida | Date Filed: 2004-07-01

Citation: 880 So. 2d 578, 29 Fla. L. Weekly Supp. 351, 2004 Fla. LEXIS 976, 2004 WL 1469475

Snippet: court to comply with the requirements of section 27.710(5), Florida Statutes (2003), to wit: The trial

Sweet v. State

Court: Supreme Court of Florida | Date Filed: 2004-07-01

Citation: 880 So. 2d 578, 29 Fla. L. Weekly Supp. 351, 2004 Fla. LEXIS 978, 2004 WL 1469540

Snippet: on rehearing substantially complies with section 27.710(5), Florida Statutes. I would dismiss the petition