Florida Statute 27.7045 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.7045

27.7045 Capital case proceedings; constitutionally deficient representation.—Notwithstanding any other provision of law, an attorney employed by the state or appointed pursuant to s. 27.711 may not represent a person charged with a capital offense at trial or on direct appeal or a person sentenced to death in a postconviction proceeding if, in two separate instances, a court, in a capital postconviction proceeding, determined that such attorney provided constitutionally deficient representation and relief was granted as a result. This prohibition on representation shall be for a period of 5 years, which commences at the time relief is granted after the highest court having jurisdiction to review the deficient representation determination has issued its final order affirming the second such determination.

History.—s. 7, ch. 2013-216; s. 1, ch. 2016-10.

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Amendments to 27.7045

Annotations, Discussions, Cases:

Cases Citing Statute 27.7045

Total Results: 2

Dane P. Abdool v. Pam Bondi, etc.

141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814

Cited 28 times | Published

conflict existed. Section 27.7045: Constitutionally Deficient Representation Section 27.7045, a new provision

In Re: Amendments to Florida Rule of Criminal Procedure 3.112

Supreme Court of Florida | Filed: Apr 1, 2021 | Docket: 59780911

Published

court of counsel disqualified pursuant to section 27.7045, Florida Statutes (2020) (Capital case proceedings;