27.40 Court-appointed counsel; circuit registries; minimum requirements; appointment by court.—
1(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel, but only after the public defender has certified to the court in writing that the public defender is unable to provide representation due to a conflict of interest or is not authorized to provide representation. The public defender shall report, in the aggregate, the specific basis of all conflicts of interest certified to the court. On a quarterly basis, the public defender shall submit this information to the Justice Administrative Commission.
(2)1(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but only after the office of criminal conflict and civil regional counsel has been appointed and has certified to the court in writing that the criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest. The criminal conflict and civil regional counsel shall report, in the aggregate, the specific basis of all conflicts of interest certified to the court. On a quarterly basis, the criminal conflict and civil regional counsel shall submit this information to the Justice Administrative Commission.
(b) Private counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section.
(3) In using a registry:
1(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services, s. 27.5304, and this section.
To be included on a registry, an attorney must enter into a contract for services with the Justice Administrative Commission. Failure to comply with the terms of the contract for services may result in termination of the contract and removal from the registry. Each attorney on the registry is responsible for notifying the clerk of the court and the Justice Administrative Commission of any change in his or her status. Failure to comply with this requirement is cause for termination of the contract for services and removal from the registry until the requirement is fulfilled.
(b) The court shall appoint attorneys in rotating order in the order in which names appear on the applicable registry, unless the court makes a finding of good cause on the record for appointing an attorney out of order. The clerk of court shall maintain the registry and provide to the court the name of the attorney for appointment. An attorney not appointed in the order in which his or her name appears on the list shall remain next in order.
(c) If the number of attorneys on the registry in a county or circuit for a particular category of cases is inadequate, the chief judge of the particular circuit shall provide to the clerk of court the names of at least three private attorneys who have relevant experience. The clerk of court shall send an application to each of these attorneys to register for appointment.
(d) Quarterly, each chief judge shall provide a current copy of each registry to the Chief Justice of the Supreme Court, the state attorney and public defender in each judicial circuit, the office of criminal conflict and civil regional counsel, the clerk of court in each county, and the Justice Administrative Commission. The registry shall be provided to the Justice Administrative Commission in the form and manner provided by the commission.
(4) To be eligible for court appointment, an attorney must be a member in good standing of The Florida Bar in addition to any other qualifications specified by general law and any requirements set by the chief judge of the circuit.
1(5) 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’s fees, costs, and related expenses to demonstrate the attorney’s completion of specified duties. Such uniform contracts and forms for use in billing must be consistent with s. 27.5304, s. 216.311, and the General Appropriations Act and must contain the following statement: “The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.”
1(6) After court appointment, the attorney must immediately file a notice of appearance with the court indicating acceptance of the appointment to represent the defendant and of the terms of the uniform contract as specified in subsection (5).
1(7)(a) A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s. 27.5304 so long as the requirements of subsection (1) and paragraph (2)(a) are met. An attorney appointed by the court who is not on the registry list may be compensated under s. 27.5304 only if the court finds in the order of appointment that there were no registry attorneys available for representation for that case and only if the requirements of subsection (1) and paragraph (2)(a) are met.
(b)1. The flat fee established in s. 27.5304 and the General Appropriations Act shall be presumed by the court to be sufficient compensation. The attorney shall maintain appropriate documentation, including contemporaneous and detailed hourly accounting of time spent representing the client. If the attorney fails to maintain such contemporaneous and detailed hourly records, the attorney waives the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act. These records and documents are subject to review by the Justice Administrative Commission and audit by the Auditor General, subject to the attorney-client privilege and work-product privilege. The attorney shall maintain the records and documents in a manner that enables the attorney to redact any information subject to a privilege in order to facilitate the commission’s review of the records and documents and not to impede such review. The attorney may redact information from the records and documents only to the extent necessary to comply with the privilege. The Justice Administrative Commission shall review such records and shall contemporaneously document such review before authorizing payment to an attorney. Objections by or on behalf of the Justice Administrative Commission to records or documents or to claims for payment by the attorney shall be presumed correct by the court unless the court determines, in writing, that competent and substantial evidence exists to justify overcoming the presumption.
2. If an attorney fails, refuses, or declines to permit the commission or the Auditor General to review documentation for a case as provided in this paragraph, the attorney waives the right to seek, and the commission may not pay, compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act for that case.
3. A finding by the commission that an attorney has waived the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act, as provided in this paragraph, shall be presumed to be correct, unless the court determines, in writing, that competent and substantial evidence exists to justify overcoming the presumption.
(8) Subject to the attorney-client privilege and the work-product privilege, an attorney who withdraws or is removed from representation shall deliver all files, notes, documents, and research to the successor attorney within 15 days after receiving notice from the successor attorney. The successor attorney shall bear the cost of transmitting all files, notes, documents, and research.
(9) Any interested person may advise the court of any circumstance affecting the quality of representation, including, but not limited to, false or fraudulent billing, misconduct, failure to meet continuing legal education requirements, solicitation to receive compensation from the client the attorney is appointed to represent, or failure to file appropriate motions in a timely manner.
(10) The attorney shall provide information in the form specified by the Justice Administrative Commission pursuant to s. 27.405, subject to the attorney-client privilege and work-product privilege.
(11) This section does not apply to attorneys appointed to represent persons in postconviction capital collateral cases pursuant to part IV of this chapter.
A. Section 51, ch. 2025-199, reenacted subsection (1), paragraphs (2)(a) and (3)(a), and subsections (5)-(7) “[i]n order to implement Specific Appropriations 733 through 754A, 880 through 1002A, and 1020 through 1050A of the 2025-2026 General Appropriations Act.”
B. Section 52, ch. 2025-199, provides that “[t]he text of s. 27.40(1), (2)(a), (3)(a), (5), (6), and (7), Florida Statutes, as carried forward from chapter 2019-116, Laws of Florida, by this act, expires July 1, 2026, and the text of those subsections and paragraphs, as applicable, shall revert to that in existence on June 30, 2019, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2026, subsection (1), paragraphs (2)(a) and (3)(a), and subsections (5)-(7), as amended by s. 52, ch. 2025-199, will read:
(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the public defender is unable to provide representation due to a conflict of interest or is not authorized to provide representation.
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(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the office of criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest.
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(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services.
To be included on a registry, an attorney must enter into a contract for services with the Justice Administrative Commission. Failure to comply with the terms of the contract for services may result in termination of the contract and removal from the registry. Each attorney on the registry is responsible for notifying the clerk of the court and the Justice Administrative Commission of any change in his or her status. Failure to comply with this requirement is cause for termination of the contract for services and removal from the registry until the requirement is fulfilled.
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(5) 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’s fees, costs, and related expenses to demonstrate the attorney’s completion of specified duties.
(6) After court appointment, the attorney must immediately file a notice of appearance with the court indicating acceptance of the appointment to represent the defendant.
(7)(a) A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s. 27.5304. An attorney appointed by the court who is not on the registry list may be compensated under s. 27.5304 if the court finds in the order of appointment that there were no registry attorneys available for representation for that case.
(b)1. The attorney shall maintain appropriate documentation, including contemporaneous and detailed hourly accounting of time spent representing the client. If the attorney fails to maintain such contemporaneous and detailed hourly records, the attorney waives the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act. These records and documents are subject to review by the Justice Administrative Commission, subject to the attorney-client privilege and work-product privilege. The attorney shall maintain the records and documents in a manner that enables the attorney to redact any information subject to a privilege in order to facilitate the commission’s review of the records and documents and not to impede such review. The attorney may redact information from the records and documents only to the extent necessary to comply with the privilege.
2. If an attorney fails, refuses, or declines to permit the commission to review documentation for a case as provided in this paragraph, the attorney waives the right to seek, and the commission may not pay, compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act for that case.
3. A finding by the commission that an attorney has waived the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act, as provided in this paragraph, is presumed to be valid, unless, as determined by a court, the commission’s finding is not supported by competent and substantial evidence.
Cited 36 times | Published | Supreme Court of Florida | 2008 WL 659435
...in a fiscally sound manner, while safeguarding constitutional principles." Id. § 27.511(1). Accordingly, the Act amended the system by which indigent persons are provided with legal representation at the public's expense, as required by the state and federal constitutions or as authorized by general law. § 27.40, Fla....
...ng private counsel from a registry list, the new system mandates that the OCCCRC be appointed first. See § 27.511(5), Fla. Stat. [2] Then, if one of the OCCCRC has a conflict, the Act requires the court to appoint private counsel from the registry. § 27.40(2), Fla....
...organizations that comprise the state judicial system also assist with the transition from current law to the creation and operation of the regional offices. Ch.2007-62, § 31(1)-(2), Laws of Fla. Consistent with this intent, the Legislature amended section 27.40, which details the process by which indigent persons are appointed counsel, as follows: 27.40 Court-appointed counsel; circuit registries; minimum requirements; appointment by court....
...Indigent Services Committee in each circuit that managed the appointment of private counsel in these cases. Under the Act, the registry is now compiled and maintained by the chief judge of each circuit and the clerk of the court of each county. See § 27.40(3), Fla....
...Further, the Justice Administration Commission is tasked with tracking the cases in which private counsel are appointed and submitting quarterly and annual reports to the Governor, the Chief Justice of the Supreme Court, the President of the Senate, and the Speaker of the House of Representatives. See § 27.405, Fla....
...Ass’n of Criminal Defense Lawyers,
Inc., 978 So. 2d 134, 141 (Fla. 2008). Thus, the Legislature has created by statute
the offices of CCRC and the Office of Criminal Conflict and Civil Regional
Counsel (RCC) and has established the registry counsel appointment system. See
§§ 27.40, 27.511, 27.701, Fla....
...which includes the types of cases for which public defenders may be appointed.
Id. at 141; see also § 27.51, Fla. Stat. (2013). Unlike the elected public defender,
the registry counsel appointment system and the offices of CCRC and RCC are
purely statutory entities. See § 27.40(2)(b), Fla....
...Because they are created by statute, the Legislature has the
- 31 -
authority to establish the qualifications and duties of (not the elected public
defender) registry counsel, CCRC, and RCC, and those qualifications are not
within the purview of this Court. See §§ 27.40(3)(a), 27.511(3)(a), 27.701, Fla.
Stat....
...r has a
conflict consistent with the criteria prescribed in s. 27.5303 and moves to
withdraw, the regional counsel shall handle the appeal, unless the regional counsel
has a conflict, in which case the court shall appoint private counsel pursuant to s.
27.40.
§ 27.511(8), Fla....
...federal constitutional guarantees and federal and state statutes"). Therefore, court-appointed counsel should expect to be paid from state funds only when their indigent client has either a statutory or constitutional right to appointed counsel. See § 27.40(1) ("Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law.") Mr....
...so in a fiscally sound manner in accordance with constitutional principles of due process." Crist v. Fla. Ass'n of Criminal Defense Lawyers, 978 So.2d 134, 148 (Fla.2008). If RCC has a conflict, the court appoints private counsel from the registry. § 27.40(2), Fla....
...If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40....
...The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client. If the court grants the motion to withdraw, the court shall appoint one or more attorneys to represent the accused, as provided in s. 27.40....
...nt to section 27.5303(1)(a), the Fourth District should have reviewed the sufficiency of the public defender's motion to withdraw. I dissent from that portion of the majority's decision that relates to RCC's standing. POLSTON, J., concurs. NOTES [1] Section 27.40(3), Florida Statutes (2008), provides for the maintenance of a registry of attorneys in private practice. Attorneys on the registry have certified that they meet the minimum requirements set forth in the laws for court appointment and are available to represent indigent defendants. Id. § 27.40(3)(a). The attorneys from the registry are appointed in rotating order. Id. § 27.40(3)(b)....
...gent defendants in post-conviction proceedings either. Regional Counsel is correct that the authority to represent criminal defendants in post-conviction proceedings is not set forth as an assigned duty in section 27.511(5), Florida Statutes (2008). Section 27.40(1), Florida Statutes (2008), states that the Office of Criminal Conflict and Civil Regional Counsel shall be appointed to represent persons in those cases in which a provision is made for court-appointed counsel but the public defender...
...r to ascertain the overall legislative intent. See Fla. Dep't of Envtl. Prot. v. ContractPoint Fla. Parks, LLC, 986 So.2d 1260 (Fla.2008), citing Fla. State Racing Comm'n v. McLaughlin, 102 So.2d 574, 575-76 (Fla.1958). When the general provision of section 27.40 is read in pari materia with the more specific statute, section 27.511(5), it is clear that post-conviction collateral proceedings are not within the realm of Regional Counsel's duties of representation....
...es of an attorney appointed to represent someone who is not indigent. See § 29.007(1), Fla. Stat. (2007) (authorizing the use of state revenues to pay fees incurred by attorneys appointed to "handle cases where the defendant is indigent"); see also § 27.40(1), Fla....
...legal services to that person. § 27.511(5); Crist, 978 So.2d at 138. If the OCCCRC is unable to provide representation because of a conflict of interest, then the court is required to appoint private counsel from a registry of individual attorneys. § 27.40(2); Crist, 978 So.2d at 138....
...B. The JAC In its response to Mr. Hagopian's petition, the JAC notes that it participated in the hearing in the circuit court "solely to preserve its objections to compensation inconsistent with the parameters of Chapter 27[,] particularly sections 27.40 and 27.5304, Florida Statutes (2007)." [5] The JAC takes no position on whether the circuit court departed from the essential requirements of the law in denying Mr....
...[2] Section 29.007(2), Florida Statutes (2009), authorizes the JAC to pay attorney's fees to private attorneys appointed by the court to represent indigents or other litigants in civil proceedings that require court-appointed counsel in accordance with state and federal constitutional guarantees or statutes. See also § 27.40, Fla....
...cuit," (2) "set[ting] the compensation rates of due process service providers in cases [when] the court has appointed counsel or declared a person indigent for costs," and (3) maintaining a registry of attorneys available for appointment pursuant to section 27.40....
...Public Defender, 12 So.3d at 804 n. 6. The statutes governing the public defenders and their duties support the Third District’s conclusion that motions to decline future appointments are in essence motions to withdraw, which are governed by section 27.5303. Section 27.40(1) mandates that “the court shall appoint a public defender to represent indigent persons.” § 27.40(1), Fla....
...eding concerning her minor grandchildren. Nevertheless, the grandmother was not entitled to court-appointed representation in this case, as she did not fall under the category of persons who qualify for court-appointed counsel at public expense. See § 27.40(1), Fla....
...sel and to clarify the procedures regarding representation in criminal cases. We modify the proposed amendment because chapter 27, Florida Statutes, provides that private counsel may be appointed by court order and compensated with public funds. See § 27.40(7)(a), Fla....
...The supplemental authority is pertinent to the issue on appeal identified as _ and [discussed on pages of the . brief] [raised at oral argument]. [[Image here]] Attorney for.(name of party). .(address and phone number). Florida Bar No. Committee Notes [No change] . There was no opposition to the proposals at oral argument. . Section 27.40(7)(a) provides: A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s....
...In addition, the amendment to rule 3.112(d) pertaining to lists of qualified conflict counsel for appointment in capital cases was necessitated by the repeal of former section 925.037, Florida Statutes (2004), and the replacement of that statute with section 27.40(3)(a), Florida Statutes (2007)....
...No attorney may be--appointed to handle-a capital-trial or appeai-unless duly- qualified on the appropriate-list. (2) The conflict-committee chief judge for each circuit is-responsible for — approving and removing-attorneys from the list shall maintain a list of qualified counsel pursuant to section 925;Q3727.40(3)(a), Florida Statutes.- — Each circuit committee ■is encouraged to-obtain additional — input from experienced-capital defense counsel....
...The court shall appoint counsel for indigent
parents.").
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counsel under the Federal or State Constitution or as authorized by general law in civil
proceedings, including, but not limited to . . . proceedings to terminate parental rights
under chapter 63."); § 27.40(2)(a) ("Private counsel shall be appointed to represent
persons in those cases in which provision is made for court-appointed counsel but the
office of criminal conflict and civil regional counsel is unable to provide representation
due t...
Published | Florida 2nd District Court of Appeal | 2017 WL 4798142
...representing persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law in civil proceedings, including, bijt not limited to ... proceedings to terminate parental rights under chapter 63.”); § 27.40(2)(a) (“Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the office of criminal conflict and civil regional counsel is unable to provide representation due to...
...sel and to clarify the procedures regarding representation in criminal cases. We modify the proposed amendment because chapter 27, Florida Statutes, provides that private counsel may be appointed by court order and compensated with public funds. See § 27.40(7)(a), Fla....
...The supplemental authority is pertinent to the is *250 sue on appeal identified as . and [discussed on pages . of the _ brief] [raised at oral argument]. Attorney for.(name of party) . .(address and phone number). Florida Bar No. Committee Notes [No change] . There was no opposition to the proposals at oral argument. . Section 27.40(7)(a) provides: A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s....
...Wahid was working on was not a capital case
for purposes of billing under the terms of section 27.5304(12)(d) and
Paragraph III(13) of the JAC Registry Contract.
Moreover, Mr. Wahid is bound by the terms of the contract he executed
with the JAC. Pursuant to sections 27.40(3) and (5), Florida Statutes (2023),
the JAC contracts with private court-appointed counsel selected for inclusion
on a circuit’s court-appointed registry by the chief judge. According to section
27.40(3)(a), Florida Statutes (2023), when applying to participate in a court-
appointed registry, the attorney must certify that he or she:
1....
...attorney can decline to participate in the registry, as there is no right to receive
court appointments. In this case, Mr. Wahid certified he was willing to abide
by the terms of the contract when he applied to be included in the court-
appointed registry, under section 27.40(3)(a)3., Florida Statutes (2023).
Thus, he was bound by the contract’s terms....
...596 So. 2d 957, 969 (Fla.
1992). This right extends to each crucial stage, which is “any stage
that may significantly affect the outcome of the proceedings.” Id. at
968. In most cases, indigent defendants are also entitled to counsel
by statute. See § 27.40, Fla....
...On appeal, appellant takes issue with the trial court’s handling of complaints directed at his appointed counsel after trial began. After several of the state’s witnesses testified, appellant asked to absent himself from court to write an “advisory,” pursuant to section 27.40(9), Florida Statutes (2015), which allows an “interested person” to advise the court of “any circumstance affecting the quality of representation.” Appellant gave the court permission to proceed in his absence....
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