27.710
Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.
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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.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1999–2025 · leading case: Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Juli
Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Juli (2016)
“However, this is not mandated by section 27.710, Florida Statutes. Instead, counsel is only required to represent the defendant “until the sentence is reversed, reduced, or carried out or until released by order of the trial court.”
Olive v. Maas (2002)
“Pursuant to section 27.710, Florida Statutes (Supp.1998), ("the Registry Act"), Olive sought appointment through the registry of attorneys who are available to represent defendants in postconviction capital collateral proceedings, and on September 1, 1998, Judge Donald R.”
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
Thomas v. McDonough (2006)
“See § 27.710, Fla. Stat. 7 . "While defendants have a Sixth Amendment right to counsel at trial and on direct appeal, they do not have a corresponding right to counsel when collaterally attacking their convictions.”
Peede v. State (1999)
“We note that in this past legislative session, the legislature amended section 27.710, Florida Statutes (Supp. 1998), by adding subsection (12) which states: "The court shall monitor the performance of assigned counsel to ensure that the capital defendant is receiving quality…”
Holland v. Florida (2010)
“Fla. Stat. §§27.710 , 27.711(2) (2007). By September 19, 2002—316 days after his appointment and 12 days before the 1-year AEDPA limitations period expired—Collins, acting on Holland’s behalf, filed a motion for postconvic tion relief in the state trial court.”
Maas v. Olive (2008)
“(codified as §§ 27.710-27.711, Fla. Stat. (1999)) (hereinafter referred to collectively as "the Registry Act").”
Holland v. Florida (2010)
“That filing automatically stopped the running of the AEDPA limitations period, § 2244(d)(2), with, as we have said, 12 days left on the clock.”
Allen v. Butterworth (2000)
“(creating § 27.710, Fla. Stat. (1999)). In 1997, this Court directed the chief judges to inventory all postconviction proceedings and present quarterly reports to the Court.”
State v. Kilgore (2007)
“See § 27.710, Fla. Stat. (2002) (providing for the maintenance of a registry of private attorneys to represent death-sentenced individuals in postconviction proceedings).”
Daniel Lugo v. Secretary, Florida Department of Corrections (2014)
“703 (1), CCRC-Middle Region asked to be permitted to withdraw and for the court to appoint in its place conflict-free registry counsel qualified under Fla. Stat. §§ 27.710 and 27.711. On October 22, 2003, the state postconviction court denied CCRC-Middle Region’s motion to…”
Amendments To Florida Rules of Criminal Procedure 3.851, 3.852, & 3.993 (2001)
“2000-3, § 5, at 11, Laws of Fla. . See § 119.”
— 27.710(1) — 6 cases
Olive v. Maas (2002)
“Pursuant to section 27.710, Florida Statutes (Supp.1998), ("the Registry Act"), Olive sought appointment through the registry of attorneys who are available to represent defendants in postconviction capital collateral proceedings, and on September 1, 1998, Judge Donald R.”
Thomas v. McDonough (2006)
“See § 27.710, Fla. Stat. 7 . "While defendants have a Sixth Amendment right to counsel at trial and on direct appeal, they do not have a corresponding right to counsel when collaterally attacking their convictions.”
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
Maas v. Olive (2008)
“(codified as §§ 27.710-27.711, Fla. Stat. (1999)) (hereinafter referred to collectively as "the Registry Act").”
— 27.710(2) — 2 cases
— 27.710(3) — 2 cases
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
Howell v. State (2013)
— 27.710(4) — 8 cases
Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Juli (2016)
“However, this is not mandated by section 27.710, Florida Statutes. Instead, counsel is only required to represent the defendant “until the sentence is reversed, reduced, or carried out or until released by order of the trial court.”
Olive v. Maas (2002)
“Pursuant to section 27.710, Florida Statutes (Supp.1998), ("the Registry Act"), Olive sought appointment through the registry of attorneys who are available to represent defendants in postconviction capital collateral proceedings, and on September 1, 1998, Judge Donald R.”
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
Maas v. Olive (2008)
“(codified as §§ 27.710-27.711, Fla. Stat. (1999)) (hereinafter referred to collectively as "the Registry Act").”
— 27.710(5) — 3 cases
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
Sweet v. State (2004)
Ferrell v. State (2004)
— 27.710(6) — 3 cases
FLORIDA DEPT. OF FINANCIAL SERV. v. Freeman (2006)
“While I suspect that most, if not all, of the attorney's work in this case was foreseeable at the time of contracting, the record is simply too sparse to know for sure. The trial court will have to evaluate the issue on remand.”
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