27.703 Conflict of interest and substitute counsel. - Florida Statutes

27.703 Conflict of interest and substitute counsel.

   (1) The capital collateral regional counsel shall not accept an appointment or take any other action that will create a conflict of interest. If, at any time during the representation of a person, the capital collateral regional counsel determines that the continued representation of that person creates a conflict of interest, the sentencing court shall, upon application by the regional counsel, designate another regional counsel and, only if a conflict exists with the other two counsel, appoint one or more members of The Florida Bar to represent one or more of such persons.

   (2) Appointed counsel shall be paid from funds appropriated to the Chief Financial Officer. 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) Prior to employment, 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.

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.