The Florida Senate

27.703  Conflict of interest and substitute counsel.--

(1)  If, at any time during the representation of two or more persons, the capital collateral regional counsel determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the regional counsel or his or her staff without 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 counsels, 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 Justice Administrative Commission. The hourly rate may not exceed $100. However, effective July 1, 1999, 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.