§ 27.703, Fla. Stat. · Part IV. CAPITAL COLLATERAL REPRESENTATION
Conflict of interest and substitute counsel.
Text — 2026 Florida Statutes
(1) The capital collateral regional counsel shall not accept an appointment or take any other action that will create an actual conflict of interest. If, at any time during the representation of a person, the capital collateral regional counsel alleges that the continued representation of that person creates an actual conflict of interest, the sentencing court shall, upon determining that an actual conflict exists, designate another regional counsel. If the replacement regional counsel alleges that an actual conflict of interest exists, the sentencing court shall, upon determining that an actual conflict exists, appoint one or more members of The Florida Bar who meet the requirements of s. 27.704(2) and who are not disqualified pursuant to s. 27.7045 to represent the person. An actual conflict of interest exists when an attorney actively represents conflicting interests. A possible, speculative, or merely hypothetical conflict is insufficient to support an allegation that an actual conflict of interest exists.
(2) Appointed counsel shall be paid from funds appropriated to the Justice Administrative Commission. The hourly rate may not exceed $100. However, all appointments of private counsel under this section shall be in accordance with ss. 27.710 and 27.711.
(3) Capital collateral regional counsel appointed pursuant to this section must have participated in at least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings, and must not be disqualified pursuant to s. 27.7045.
Notes and commentary — not statutory text
History
s. 3, ch. 85-332; s. 147, ch. 95-147; s. 3, ch. 96-290; s. 3, ch. 97-313; s. 2, ch. 99-221; s. 13, ch. 2000-3; s. 86, ch. 2003-261; s. 5, ch. 2013-216; s. 3, ch. 2024-153.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0027/0027.html
- Text hash
- sha256 1fa144927876ad3cd90271748c135b16df20cd883751f4c28e0b83b1f59f1651
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 27.704, Fla. Stat.Appointment of assistants and other staff.Printed as s. 27.704(2)
- § 27.7045, Fla. Stat.Capital case proceedings; constitutionally deficient representation.Printed as s. 27.7045
- § 27.710, Fla. Stat.Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.Printed as ss. 27.710 and 27.711
- § 27.711, Fla. Stat.Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings.Printed as ss. 27.710 and 27.711
Cited by 1 provision
Provisions in this library whose text cites § 27.703, Fla. Stat.. Each shows the citation as that text prints it.
Florida Rules of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.