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. 27.711

27.711 Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings.—

(1) As used in s. 27.710 and this section, the term:

(a) “Capital defendant” means the person who is represented in postconviction capital collateral proceedings by an attorney appointed under s. 27.710.

(b) “Executive director” means the executive director of the Justice Administrative Commission.

(c) “Postconviction capital collateral proceedings” means one series of collateral litigation of an affirmed conviction and sentence of death, including the proceedings in the trial court that imposed the capital sentence, any appellate review of the sentence by the Supreme Court, any certiorari review of the sentence by the United States Supreme Court, and any authorized federal habeas corpus litigation with respect to the sentence. The term does not include repetitive or successive collateral challenges to a conviction and sentence of death which is affirmed by the Supreme Court and undisturbed by any collateral litigation.

(2) After appointment by the trial court under s. 27.710, the attorney must immediately file a notice of appearance with the trial court indicating acceptance of the appointment to represent the capital defendant throughout all postconviction capital collateral proceedings, including federal habeas corpus proceedings, in accordance with this section or until released by order of the trial court.

(3) An attorney appointed to represent a capital defendant is entitled to payment of the fees set forth in this section only upon full performance by the attorney of the duties specified in this section and approval of payment by the trial court, and the submission of a payment request by the attorney, subject to the availability of sufficient funding specifically appropriated for this purpose. The Justice Administrative Commission shall notify the court if it appears that sufficient funding has not been specifically appropriated for this purpose to pay any fees which may be incurred. The attorney shall maintain appropriate documentation, including a current and detailed hourly accounting of time spent representing the capital defendant. The fee and payment schedule in this section is the exclusive means of compensating a court-appointed attorney who represents a capital defendant. When appropriate, a court-appointed attorney must seek further compensation from the Federal Government, as provided in 18 U.S.C. s. 3006A or other federal law, in habeas corpus litigation in the federal courts.

(4) Upon approval by the trial court, an attorney appointed to represent a capital defendant under s. 27.710 is entitled to payment of the following fees by the Justice Administrative Commission:

(a) Regardless of the stage of postconviction capital collateral proceedings, the attorney is entitled to $100 per hour, up to a maximum of $2,500, after accepting appointment and filing a notice of appearance.

(b) The attorney is entitled to $100 per hour, up to a maximum of $20,000, after timely filing in the trial court the capital defendant’s complete original motion for postconviction relief under the Florida Rules of Criminal Procedure. The motion must raise all issues to be addressed by the trial court. However, an attorney is entitled to fees under this paragraph if the court schedules a hearing on a matter that makes the filing of the original motion for postconviction relief unnecessary or if the court otherwise disposes of the case.

(c) The attorney is entitled to $100 per hour, up to a maximum of $20,000, after the trial court issues a final order granting or denying the capital defendant’s motion for postconviction relief.

(d) The attorney is entitled to $100 per hour, up to a maximum of $20,000, after timely filing in the Supreme Court the capital defendant’s brief or briefs that address the trial court’s final order granting or denying the capital defendant’s motion for postconviction relief and the state petition for writ of habeas corpus.

(e) The attorney is entitled to $100 per hour, up to a maximum of $10,000, after the trial court issues an order, pursuant to a remand from the Supreme Court, which directs the trial court to hold further proceedings on the capital defendant’s motion for postconviction relief.

(f) The attorney is entitled to $100 per hour, up to a maximum of $4,000, after the appeal of the trial court’s denial of the capital defendant’s motion for postconviction relief and the capital defendant’s state petition for writ of habeas corpus become final in the Supreme Court.

(g) At the conclusion of the capital defendant’s postconviction capital collateral proceedings in state court, the attorney is entitled to $100 per hour, up to a maximum of $2,500, after filing a petition for writ of certiorari in the Supreme Court of the United States.

(h) If, at any time, a death warrant is issued, the attorney is entitled to $100 per hour, up to a maximum of $5,000. This payment shall be full compensation for attorney fees and costs for representing the capital defendant throughout the proceedings before the state courts of Florida.

The hours billed by a contracting attorney under this subsection may include time devoted to representation of the defendant by another attorney who is qualified under s. 27.710 and who has been designated by the contracting attorney to assist him or her.

(5) An attorney who represents a capital defendant may use the services of one or more investigators to assist in representing a capital defendant. Upon approval by the trial court, the attorney is entitled to payment from the Justice Administrative Commission of $40 per hour, up to a maximum of $15,000, for the purpose of paying for investigative services.

(6) An attorney who represents a capital defendant is entitled to a maximum of $15,000 for miscellaneous expenses, such as the costs of preparing transcripts, compensating expert witnesses, and copying documents. Upon approval by the trial court, the attorney is entitled to payment by the Justice Administrative Commission of up to $15,000 for miscellaneous expenses, except that, if the trial court finds that extraordinary circumstances exist, the attorney is entitled to payment in excess of $15,000.

(7) An attorney who is actively representing a capital defendant is entitled to a maximum of $500 per fiscal year for tuition and expenses for continuing legal education that pertains to the representation of capital defendants. Upon approval by the trial court, the attorney is entitled to payment by the Justice Administrative Commission for expenses for such tuition and continuing legal education.

(8) By accepting court appointment under s. 27.710 to represent a capital defendant, the attorney agrees to continue such representation under the terms and conditions set forth in this section until the capital defendant’s sentence is reversed, reduced, or carried out, and the attorney is permitted to withdraw from such representation by a court of competent jurisdiction. However, if an attorney is permitted to withdraw or is otherwise removed from representation prior to full performance of the duties specified in this section, the trial court shall approve payment of fees and costs for work performed, which may not exceed the amounts specified in this section. 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 notice from the successor attorney. The successor attorney shall bear the cost of transmitting the files, notes, documents, and research.

(9) An attorney may not represent more than ten defendants in capital postconviction litigation at any one time.

(10) This section does not authorize an attorney who represents a capital defendant to file repetitive or frivolous pleadings that are not supported by law or by the facts of the case. An action taken by an attorney who represents a capital defendant in postconviction capital collateral proceedings may not be the basis for a claim of ineffective assistance of counsel.

(11) An attorney appointed under s. 27.710 to represent a capital defendant may not represent the capital defendant during a retrial, a resentencing proceeding, a proceeding commenced under chapter 940, a proceeding challenging a conviction or sentence other than the conviction and sentence of death for which the appointment was made, or any civil litigation other than habeas corpus proceedings.

(12) The court shall monitor the performance of assigned counsel to ensure that the capital defendant is receiving quality representation. The court shall also receive and evaluate allegations that are made regarding the performance of assigned counsel. The Justice Administrative Commission, the Department of Legal Affairs, or any interested person may advise the court of any circumstance that could affect 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 capital defendant, or failure to file appropriate motions in a timely manner.

(13) Before the filing of a motion for order approving payment of attorney fees, costs, or related expenses, the assigned counsel shall deliver a copy of his intended billing, together with supporting affidavits and all other necessary documentation, to the Justice Administrative Commission. The Justice Administrative Commission shall review the intended billing for completeness and compliance with contractual and statutory requirements. If the Justice Administrative Commission objects to any portion of the proposed billing, the objection and reasons therefor shall be communicated to the assigned counsel. The assigned counsel may thereafter file his or her motion for order approving payment of attorney fees, costs, or related expenses together with supporting affidavits and all other necessary documentation. The motion must specify whether the Justice Administrative Commission objects to any portion of the billing or the sufficiency of documentation and, if so, the reason therefor. A copy of the motions and attachments shall be served on the Justice Administrative Commission at least 5 business days before the date of a hearing. The Justice Administrative Commission has standing to appear before the court to contest any motion for an order approving payment of attorney fees, costs, or related expenses and may participate in a hearing on the motion by use of telephonic or other communication equipment. The fact that the Justice Administrative Commission has not objected to any portion of the billing or to the sufficiency of the documentation is not binding on the court, which retains primary authority and responsibility for determining the reasonableness of all billings for fees, costs, and related expenses, subject to statutory limitations.

History.—s. 4, ch. 98-197; s. 5, ch. 99-221; s. 16, ch. 2000-3; s. 4, ch. 2002-31; s. 88, ch. 2003-261; ss. 87, 88, ch. 2003-399; s. 3, ch. 2004-240; ss. 66, 67, 76, ch. 2004-269; s. 5, ch. 2011-131; s. 10, ch. 2013-216.

F.S. 27.711 on Google Scholar

F.S. 27.711 on Casetext

Amendments to 27.711

Arrestable Offenses / Crimes under Fla. Stat. 27.711

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.711.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . with previously billed fees on this case, exceeded the $20,000.00 statutory cap set forth in section 27.711 . . . Like registry attorneys, designated attorneys may receive fees pursuant to the fee statute. § 27.711( . . .

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, . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . Notwithstanding another provision of law, an attorney employed by the state or appointed pursuant to s. 27.711 . . . provision disqualifies an attorney employed by the State or appointed by a court pursuant to section 27.711 . . . five-year prohibition to apply to all “attorney[s] employed by the state or appointed pursuant to s. 27.711 . . . majority of attorneys included in the class of “attorney[s] employed by the state or appointed pursuant 27.711 . . .

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

. . . . §§ 27.710 and 27.711. . . . Stat. § 27.711. . . . Stat. § 27.711 Was-son’s appointment required him to represent Lugo “throughout all postconviction capital . . . Stat. § 27.711(2), (8). . . .

MUHAMMAD f k a v. STATE, 132 So. 3d 176 (Fla. 2013)

. . . Section 27.711(11), Florida Statutes (2011), sets forth a prohibition for postconviction counsel appointed . . .

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

. . . doctrine of inherent judicial authority in considering the statutory scheme in sections 27.710 and 27.711 . . . Section 27.711(4) limits the compensable hours available to registry attorneys and sets a maximum amount . . . Additionally, section 27.711(3) provides that this fee and payment schedule is “the exclusive means of . . .

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

. . . this Court must also find that “extraordinary circumstances” exist, as required by Florida Statute § 27.711 . . . In 1998, the Legislature enacted sections 27.710 and 27.711 of the Florida Statutes, which provide for . . . The fee schedule provided in section 27.711(4) increased the fees that an attorney could receive in capital . . . Section 27.711 has been amended at various times, including the amount of compensation to which defense . . . counsel is entitled under section 27.711(4). . . . First, it highlights the fact that the investigatory fee schedule set forth in section 27.711(5), Florida . . . While the Legislature took a necessary step by enacting a fee schedule in section 27.711 that more fully . . . First, section 27.711(5), Florida Statutes (2012), unequivocally establishes “a maximum of $15,000, for . . .

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

. . . Moreover, sections 27.711(5) and (6) place monetary limits on payments for investigators and experts, . . . extraordinary circumstances” are present in order to exceed the cap for compensating expert witnesses. § 27.711 . . .

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

. . . We do not agree that section 27.711(11), Florida Statutes (2009) applies where private counsel is appearing . . . The trial court agreed, citing section 27.711(11), Florida Statutes (2009), and State v. . . . When read together with section 27.7002(4), however, section 27.711(11) merely prohibits registry counsel . . . In sum, section 27.711(11) should not be interpreted to cut off the long-established right of a party . . . Reading the prohibition in section 27.711(11) in pari materia with section 27.7002(4), providing that . . .

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)

. . . 1998 — when the Legislature adopted the statutory provisions relating to registry counsel — section 27.711 . . . Although section 27.711(l)(c) is contained in the portion of part IV of chapter 27 that deals specifically . . . conclusion that the definition of “[pjostconviction capital collateral proceedings” contained in section 27.711 . . . The definition in section 27.711(l)(c) thus is a positive statement of what the Legislature had previously . . . that statute to registry counsel (i.e., by its own terms, the statute does not apply to CCRC), see § 27.711 . . .

VENTURA, v. STATE, 2 So. 3d 194 (Fla. 2009)

. . . Through this petition, Ventura requests that we: (1) Conduct a hearing under section 27.711(12), Florida . . . Ventura invokes our supervisory authority under section 27.711(12) to monitor whether postcoiiviction . . . considering allegations with regard to the performance of assigned postcon-viction counsel under section 27.711 . . .

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. . . . In 1999, Mark Olive sought a determination of his legal rights under section 27.711 as to the compensation . . . The Registry Act limited compensable hours and provided that the fee schedule set forth in section 27.711 . . . was the “exclusive means of compensate[ion].” § 27.711(3), Fla. . . .

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

. . . Section 27.711, Florida Statutes, establishes the terms and conditions of appointment of attorneys as . . . In particular, section 27.711(l)(c) provides that as used in section 27.710 and in section 27.711, the . . . Moreover, section 27.711(11) limits the authority of registry counsel in much the same way that CCRC . . . The State relies upon the language of section 27.711, which specifically applies to registry counsel, . . . See § 27.711(11), Fla. Stat. (2002). . . .

CORAL IMAGING SERVICES, a o a v. GEICO INDEMNITY INSURANCE COMPANY,, 955 So. 2d 11 (Fla. Dist. Ct. App. 2006)

. . . 4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711 . . .

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

. . . Indeed, section 27.711(11), Florida Statutes, quoted in the majority opinion is clear: An attorney appointed . . . file only those post-conviction collateral actions authorized by statute, (emphasis supplied) Section 27.711 . . . CCRC argues that the language of section 27.711(l)(c) clearly permits it to seek to invalidate a prior . . . Section 27.711(l)(c) provides: (c) "Postconviction capital collateral proceedings” means one series of . . .

COLEMAN, s v. STATE s, 930 So. 2d 580 (Fla. 2006)

. . . To monitor the performance of assigned counsel in accordance with section 27.711(12), Florida Statutes . . .

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

. . . See § 27.711(4)(g), Fla. Stat. (2005). . . . Id. § 27.711(3). . . . Section 27.711(4) outlines the maximum amount an attorney is entitled to be compensated at each stage . . . See id. § 27.711(5). . . . See id. § 27.711(6). . . . . § 27.711(3), Fla. Stat. (Supp.1998). . . . The contract “tracks the language in section 27.711(3)-(4), and incorporates the entire compensation . . . See § 27.711(4)(g), Fla. Stat. (2005). The trial court granted the entire amount. . . . compensating a court-appointed attorney who represents a capital defendant” in collateral proceedings. § 27.711 . . . statute would have capped compensation here at “$100 per hour, up to a maximum of $2,500” plus costs. § 27.711 . . . registry must agree to abide by its terms and conditions, including the ceilings on fees in section 27.711 . . . award by attorney who claimed he was entitled to compensation at rate higher than specified in section 27.711 . . .

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

. . . 27.710, or seeking appointment pursuant to s. 27.710, to be compensated above the amounts provided in s. 27.711 . . . funds for compensation of counsel appointed pursuant to s. 27.710 above the amounts set forth in s. 27.711 . . . Cases is authorized to permanently remove from the registry of attorneys provided in ss. 27.710 and 27.711 . . . any attorney who seeks compensation for services above the amounts provided in s. 27.711. (7) Any attorney . . . she cannot provide adequate or proper representation under the terms and conditions set forth in s. 27.711 . . .

AMERICAN HOME ASSURANCE COMPANY, v. PLAZA MATERIALS CORPORATION,, 908 So. 2d 360 (Fla. 2005)

. . . Maas, 811 So.2d 644, 654 (Fla.2002) (finding that “although section 27.711 indicates that the fee schedule . . .

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

. . . costs of $14,220.59, corresponding to the $100 hourly rate for fees specified in sections 27.703 and 27.711 . . . and costs to Bill Salmon in the amount of $18,483.31 is affirmed, pursuant to sections 27.710(6) and 27.711 . . . Schaefer as registry counsel under section 27.710 and to Salmon as assistant counsel under section 27.711 . . .

IN RE AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE- RULE MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES, 820 So. 2d 185 (Fla. 2002)

. . . See § 27.711(12), Fla. Stat. .(2000). . . .

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

. . . In count II, Olive asserted that various limitations imposed by section 27.711 and in the contract would . . . Capped Fee Schedule In 1998, the Legislature enacted sections 27.710 and 27.711 which, as previously . . . Of particular contention in this case is the language in section 27.711(3), which dictates that “[t]he . . . § 27.711(10), Fla. . . . Olive’s challenge relates to section 27.711(10), Florida Statutes (Supp.1998) (currently § 27.711(11) . . . accepted appointment, may never represent a capital defendant pursuant to the provisions of section 27.711 . . . To the extent Olive believed that sections 27.710 and 27.711 provided for less than adequate compensation . . . contractual right then in doubt and no legal relationship that was affected by sections 27.710 and 27.711 . . . entitled to more money for fees and costs in representing Anthony Mungin than provided for by section 27.711 . . . interpretation of a signed contract for appointment as registry counsel, section 27.710, or section 27.711 . . .

DAVIS, v. STATE, 789 So. 2d 978 (Fla. 2001)

. . . Postconviction capital defendants are represented by postconviction counsel pursuant to sections 27.7001-27.711 . . .

ARBELAEZ, v. A. BUTTERWORTH, v. K. Jr., 738 So. 2d 326 (Fla. 1999)

. . . (West) (adding subsection (12) to section 27.711, Florida Statutes (1998 Supp.)). . . .

J. PROPST, J. A. W. A. M. v. J. FISHER,, 313 F.2d 248 (6th Cir. 1963)

. . . . § 27.711, Comp.Laws 1948 § 691.581. The suits were timely filed under Michigan law. . . .

FERNANDEZ, v. FLINT BOARD OF EDUCATION, a A. a, 283 F.2d 906 (6th Cir. 1960)

. . . . § 27.711), Comp.Laws 1948, § 691.-581, which was in force prior to the passage of the Workmen’s Compensation . . .

EMERSON, v. HOLLOWAY CONCRETE PRODUCTS COMPANY,, 282 F.2d 271 (5th Cir. 1960)

. . . . § 27.711 (1959 Supp.), Comp. . . .

M. REMINGTON, L. v. GENERAL MOTORS CORPORATION J. M., 127 F. Supp. 672 (E.D. Mich. 1955)

. . . . § 27.711, Comp.Laws 1948, § 691.581. . . .

DRINAN v. A. J. LINDEMANN HOVERSON CO., 202 F.2d 271 (7th Cir. 1953)

. . . . § 27.711-12. . . .

MARTZ v. CONSUMERS POWER CO., 101 F. Supp. 853 (E.D. Mich. 1951)

. . . Ann. 27.711-27.713, Comp.Laws 1948, §§ 691.581 to 691.591. . . . Ann. 27.711. “Sec. 2. . . .

SIVERLING v. LEE, 90 F. Supp. 659 (E.D. Mich. 1950)

. . . . § 27.711, Comp.Laws 1948, § 691.581, on behalf of the widow and daughter of the decedent who was fatally . . . Stat.Ann. 27.711, Comp.Laws 1948, § 691.-581, or, the Survival Statute, Mich.Stat. . . .

JANES v. SACKMAN BROS. CO., 177 F.2d 928 (2d Cir. 1949)

. . . . § 27.711, Comp.Laws 1948, § 691.581, for the pecuniary loss and damages resulting from his son’s death . . . Stat.Ann. § 27.684, Comp.Laws 1948, § 612.-32, or under the Death Act, Mich.Stat.Ann. § 27.711. . . . Mich.Stat.Ann. § 27.711. . . . Since the present action is set up as a survival action under the combined remedy now granted by § 27.711 . . . trial that death was, in fact, instantaneous, and that the action is grounded in the features of § 27.711 . . .