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. 27.710

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 from cite.case.law:

UNITED STATES v. ARAGON,, 922 F.3d 1102 (10th Cir. 2019)

. . . Dep't of Justice, JUSTICE MANUAL § 9-27.710 (2019) ("During the sentencing phase of a federal criminal . . .

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

. . . See § 27.710(1), Fla. Stat. . . . See § 27.710(6). . . . A designated attorney, however, must also meet the qualifications of a registry attorney. § 27.710(6) . . . assist him or her if the designated attorney meets the qualifications of this section."); see also § 27.710 . . . Registry and designated attorneys are under contract with JAC. § 27.710(4). . . .

ASAY, v. STATE v. L. v. L., 210 So. 3d 1 (Fla. 2016)

. . . However, this is not mandated by section 27.710, Florida Statutes. . . . .” § 27.710(4), Fla. Stat. . . .

SUGGS, s v. STATE s, 152 So. 3d 471 (Fla. 2014)

. . . On August 27, 2012, Attorney McClain filed a motion pursuant to sections 27.7001, 27.710, and 27.711, . . .

LUGO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 750 F.3d 1198 (11th Cir. 2014)

. . . . §§ 27.710 and 27.711. . . .

PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, v. STATE v., 115 So. 3d 261 (Fla. 2013)

. . . We cited the doctrine of inherent judicial authority in considering the statutory scheme in sections 27.710 . . .

J. McCLAIN, v. H. ATWATER,, 110 So. 3d 892 (Fla. 2013)

. . . In 1998, the Legislature enacted sections 27.710 and 27.711 of the Florida Statutes, which provide for . . .

HOWELL, v. STATE, 109 So. 3d 763 (Fla. 2013)

. . . finding of good cause to allow registry counsel to withdraw under the registry statute, citing section 27.710 . . .

MELTON, v. STATE, 56 So. 3d 868 (Fla. Dist. Ct. App. 2011)

. . . Section 27.710, Florida Statutes (2009), creates a "registry” for attorneys in private practice willing . . . supplied), while section 27.711(11), Florida Statutes (2009) provides: An attorney appointed under s. 27.710 . . .

UNITED STATES v. IREY,, 612 F.3d 1160 (11th Cir. 2010)

. . . . § 9-27.710 (“Participation in Sentencing — Generally”). . . .

DARLING a k a v. STATE a k a v. A., 45 So. 3d 444 (Fla. 2010)

. . . The capital collateral regional counsel and the attorneys appointed pursuant to s. 27.710 shall file . . .

HOLLAND v. FLORIDA, 560 U.S. 631 (11th Cir. 2010)

. . . . §§27.710, 27.711(2) (2007). . . .

ALBERT HOLLAND, v. FLORIDA, 177 L. Ed. 2d 130 (U.S. 2010)

. . . . §§ 27.710, 27.711(2) (2007). . . .

COX, v. STATE, 5 So. 3d 659 (Fla. 2009)

. . . through a pilot program using only attorneys from the registry of attorneys maintained pursuant to s. 27.710 . . . counsel (i.e., by its own terms, the statute does not apply to CCRC), see § 27.711(1) ("As used in s. 27.710 . . .

R. MAAS, v. OLIVE, v. R., 992 So. 2d 196 (Fla. 2008)

. . . FACTUAL AND PROCEDURAL HISTORY The Florida Legislature enacted sections 27.710 and 27.711 of the Florida . . . (codified as §§ 27.710 - 27.711, Fla. . . . ordered the Chief Financial Officer to send Olive a contract to represent Dougan pursuant to section 27.710 . . . Section 27.710(4) requires private attorneys appointed to represent capital defendants to enter into . . . Pursuant to section 27.710(1), the director of the Commission on Capital Cases compiles and maintains . . .

STATE v. KILGORE,, 976 So. 2d 1066 (Fla. 2007)

. . . See § 27.710, Fla. . . . In particular, section 27.711(l)(c) provides that as used in section 27.710 and in section 27.711, the . . . CCRC representation is limited by section 27.7001 as set out above: An attorney appointed under s. 27.710 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 945 So. 2d 1124 (Fla. 2006)

. . . through a pilot program using only attorneys from the registry of attorneys maintained pursuant to s. 27.710 . . .

THOMAS, v. R. McDONOUGH, v. R., 452 F. Supp. 2d 1203 (M.D. Fla. 2006)

. . . .; § 27.710(1), Fla. Stat. Of course, here, Ms. . . . statewide registry of private attorneys qualified for capital collateral representation pursuant to 27.710 . . . Stat.; § 27.710(1), Fla. Stat. Here, Mr. . . . See § 27.710, Fla. Stat. . . . . he is a Registry attorney listed by the Commission on Capital Cases of the State of Florida (see § 27.710 . . .

KILGORE, v. STATE, 933 So. 2d 1192 (Fla. Dist. Ct. App. 2006)

. . . 27.711(11), Florida Statutes, quoted in the majority opinion is clear: An attorney appointed under s. 27.710 . . . The capital collateral regional counsel and the attorney appointed pursuant to s. 27.710 shall file only . . . (emphasis supplied) Section 27.711(11), Florida Statutes, provides: An attorney appointed under s. 27.710 . . .

In SEALED CASE, 449 F.3d 118 (D.C. Cir. 2006)

. . . ATTORNEY’S MANUAL § 9-27.710(A)(1) (August 2002) (”[d]uring the sentencing phase of a Federal criminal . . .

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, v. D. FREEMAN,, 921 So. 2d 598 (Fla. 2006)

. . . See § 27.710(6), Fla. . . . Under section 27.710(3), Florida Statutes (2005), attorneys who join the registry must agree to abide . . . rather than the defendants' former CCRC-North counsel, but remanded for the findings required by section 27.710 . . . . § 27.710(4), Fla. Stat. (2005) (emphasis added). . . . legal developments related to capital cases, as the statute requires registry counsel to do, see § 27.710 . . .

OLIVE, v. R. MAAS,, 911 So. 2d 837 (Fla. Dist. Ct. App. 2005)

. . . chapter shall be construed to generate any right on behalf of any attorney appointed pursuant to s. 27.710 . . . , or seeking appointment pursuant to s. 27.710, to be compensated above the amounts provided in s. 27.711 . . . authorized in this chapter. (5) The use of state funds for compensation of counsel appointed pursuant to s. 27.710 . . . on Capital Cases is authorized to permanently remove from the registry of attorneys provided in ss. 27.710 . . .

SWEET, s v. STATE s, 880 So. 2d 578 (Fla. 2004)

. . . case because I conclude that the trial court’s order on rehearing substantially complies with section 27.710 . . . parties, this Court remands the case to the trial court to comply with the requirements of section 27.710 . . .

FERRELL, s v. STATE s, 880 So. 2d 578 (Fla. 2004)

. . . parties, this Court remands the case to the trial court to comply with the requirements of section 27.710 . . .

STATE v. DEMPS,, 846 So. 2d 457 (Fla. 2003)

. . . attorney’s fees and costs to Bill Salmon in the amount of $18,483.31 is affirmed, pursuant to sections 27.710 . . . Accordingly, we approve the award of fees both to Schaefer as registry counsel under section 27.710 and . . .

OLIVE, v. MAAS,, 811 So. 2d 644 (Fla. 2002)

. . . Pursuant to section 27.710, Florida Statutes (Supp.1998), (“the Registry Act”), Olive sought appointment . . . Capped Fee Schedule In 1998, the Legislature enacted sections 27.710 and 27.711 which, as previously . . . See § 27.710(4), Fla. Stat. (2000). Mr. Olive, on the other hand, asserts that Mr. . . . See § 27.710(1), Fla. Stat. (2000). We agree with Olive that Maas is still a proper party. . . . . Stat. (2000)), which indicates: An attorney appointed under s. 27.710 to represent a capital defendant . . . To the extent Olive believed that sections 27.710 and 27.711 provided for less than adequate compensation . . . Olive had no contractual right then in doubt and no legal relationship that was affected by sections 27.710 . . . which require the interpretation of a signed contract for appointment as registry counsel, section 27.710 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 797 So. 2d 1213 (Fla. 2001)

. . . See § 27.710, Fla. . . .

ALLEN, v. A. BUTTERWORTH, v. A. v., 756 So. 2d 52 (Fla. 2000)

. . . (creating § 27.710, Fla. Stat. (1999)). . . .

PEEDE, v. STATE, 748 So. 2d 253 (Fla. 1999)

. . . We note that in this past legislative session, the legislature amended section 27.710, Florida Statutes . . .

NEW AMSTERDAM CAS. CO. v. W. D. FELDER CO., 214 F.2d 825 (5th Cir. 1954)

. . . The market for spot cotton being 30.710 per pound, the value of this cotton after deducting 30, was 27.710 . . .