(1) Appoint, employ, and establish, in such numbers as he or she determines, full-time or part-time assistant counsel, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose. A full-time assistant capital collateral counsel must not be disqualified pursuant to s. 27.7045; must be a member in good standing of The Florida Bar, with not less than 3 years’ experience in the practice of criminal law; and, prior to employment, 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. Law school graduates who do not have the qualifications of a full-time assistant capital collateral counsel may be employed as members of the legal staff but may not be designated as sole counsel for any person.
(2) Contract with private counsel who are members in good standing of The Florida Bar or with public defenders for the purpose of providing prompt and cost-effective representation for individuals who are sentenced to death in this state. A private counsel or public defender under contract with the regional counsel must not be disqualified pursuant to s. 27.7045; must have at least 3 years’ experience in the practice of criminal law; and, prior to the contract, must have participated in at least two capital trials or capital sentencing proceedings, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings.
(3) Appoint pro bono assistant counsel, who must be members in good standing of The Florida Bar, and who shall serve without compensation at the discretion of the capital collateral regional counsel.
History.—s. 3, ch. 85-332; s. 148, ch. 95-147; s. 4, ch. 97-313; s. 6, ch. 2013-216.
Structure Florida Statutes
Chapter 27 - State Attorneys; Public Defenders; Related Offices
Part IV - Capital Collateral Representation (Ss. 27.7001-27.715)
27.7001 - Legislative intent and findings.
27.701 - Capital collateral regional counsel.
27.702 - Duties of the capital collateral regional counsel; reports.
27.703 - Conflict of interest and substitute counsel.
27.704 - Appointment of assistants and other staff.
27.7045 - Capital case proceedings; constitutionally deficient representation.
27.705 - Salaries of capital collateral regional counsel and assistant capital collateral counsel.
27.706 - Private practice of law prohibited.
27.707 - Investigators; service of process.