Florida Statute 27.51 - 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

View Entire Chapter

F.S. 27.51

27.51 Duties of public defender.—

(1) The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and:

(a) Under arrest for, or charged with, a felony;

(b) Under arrest for, or charged with:

1. A misdemeanor authorized for prosecution by the state attorney;

2. A violation of chapter 316 punishable by imprisonment;

3. Criminal contempt; or

4. A violation of a special law or county or municipal ordinance ancillary to a state charge, or if not ancillary to a state charge, only if the public defender contracts with the county or municipality to provide representation pursuant to ss. 27.54 and 125.69.

The public defender shall not provide representation pursuant to this paragraph if the court, prior to trial, files in the cause an order of no imprisonment as provided in s. 27.512;

(d) Sought by petition filed in such court to be involuntarily placed as a mentally ill person under part I of chapter 394, involuntarily committed as a sexually violent predator under part V of chapter 394, or involuntarily admitted to residential services as a person with developmental disabilities under chapter 393. A public defender shall not represent any plaintiff in a civil action brought under the Florida Rules of Civil Procedure, the Federal Rules of Civil Procedure, or the federal statutes, or represent a petitioner in a rule challenge under chapter 120, unless specifically authorized by statute;

(e) Convicted and sentenced to death, for purposes of handling an appeal to the Supreme Court; or

(f) Is appealing a matter in a case arising under paragraphs (a)-(d).

(2) The court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent. If a defendant has retained private counsel, the court may not appoint the public defender to represent that defendant simultaneously on the same case. The court, however, may appoint private counsel in capital cases as provided in ss. 27.40 and 27.5303.

(3) Each public defender shall serve on a full-time basis and is prohibited from engaging in the private practice of law while holding office. Assistant public defenders shall give priority and preference to their duties as assistant public defenders and shall not otherwise engage in the practice of criminal law.

(4) The public defender for the judicial circuit specified in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all circuit court and county court appeals within the state courts system and any authorized appeals to the federal courts required of the official making such request:

(a) Public defender of the second judicial circuit, on behalf of any public defender within the district comprising the First District Court of Appeal.

(b) Public defender of the tenth judicial circuit, on behalf of any public defender within the districts comprising the Second District Court of Appeal and Sixth District Court of Appeal.

(c) Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.

(d) Public defender of the fifteenth judicial circuit, on behalf of any public defender within the district comprising the Fourth District Court of Appeal.

(e) Public defender of the seventh judicial circuit, on behalf of any public defender within the district comprising the Fifth District Court of Appeal.

(5)(a) When direct appellate proceedings prosecuted by a public defender on behalf of an accused and challenging a judgment of conviction and sentence of death terminate in an affirmance of such conviction and sentence, whether by the Florida Supreme Court or by the United States Supreme Court or by expiration of any deadline for filing such appeal in a state or federal court, the public defender shall notify the accused of his or her rights pursuant to Rule 3.851, Florida Rules of Criminal Procedure, including any time limits pertinent thereto, and shall advise such person that representation in any collateral proceedings is the responsibility of the capital collateral regional counsel. The public defender shall then forward all original files on the matter to the capital collateral regional counsel, retaining such copies for his or her files as may be desired.

(b) It is the intent of the Legislature that any public defender representing an inmate in any collateral proceedings in any court on June 24, 1985, shall continue representation of that inmate in all postconviction proceedings unless relieved of responsibility from further representation by the court.

(6) A sum shall be appropriated to the public defender of each judicial circuit enumerated in subsection (4) for the employment of assistant public defenders and clerical employees and the payment of expenses incurred in cases on appeal.

History.—s. 2, ch. 63-409; s. 1, ch. 67-539; ss. 19, 35, ch. 69-106; s. 1, ch. 71-28; s. 1, ch. 72-327; s. 1, ch. 72-722; s. 1, ch. 73-216; s. 4, ch. 73-334; s. 3, ch. 77-147; s. 1, ch. 79-588; s. 2, ch. 80-376; ss. 2, 6, ch. 85-332; s. 11, ch. 87-133; s. 1, ch. 89-308; s. 8, ch. 91-45; s. 138, ch. 95-147; s. 15, ch. 95-195; s. 4, ch. 96-232; s. 2, ch. 97-107; s. 2, ch. 99-222; s. 12, ch. 2000-3; s. 15, ch. 2003-402; s. 8, ch. 2004-265; s. 4, ch. 2006-1; s. 1, ch. 2014-59; s. 4, ch. 2020-61; s. 1, ch. 2021-18; s. 1, ch. 2022-163.

F.S. 27.51 on Google Scholar

F.S. 27.51 on CourtListener

Amendments to 27.51

Annotations, Discussions, Cases:

Cases Citing Statute 27.51

Total Results: 132

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla.Stat. (1975). Counsel for a non-indigent

Hobbs v. Blue Cross Blue Shield Of Alabama

276 F.3d 1236

Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2001 | Docket: 719032

Cited 59 times | Published

Cross for its failure to comply with Alabama Code § 27-51-1. They filed the complaint individually and as

In Re Order on Prosecution of Cr. App.

561 So. 2d 1130

Supreme Court of Florida | Filed: May 3, 1990 | Docket: 1480585

Cited 57 times | Published

representation in chapter 27, Florida Statutes. Section 27.51, Florida Statutes (1989), provides in pertinent

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla.Stat. (1975). Counsel for a non-indigent

Crist v. FL. ASS'N OF CRIM. DEFENSE LAWYERS

978 So. 2d 134, 2008 WL 659435

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1508431

Cited 36 times | Published

in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in cases where

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

defenders may be appointed. Id. at 141; see also § 27.51, Fla. Stat. (2013). Unlike the elected public defender

Shuman v. State

358 So. 2d 1333

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1311872

Cited 28 times | Published

appropriations are provided for these expenses by Section 27.51(4)(e), Florida Statutes (1975).[2] We do not

State Ex Rel. Butterworth v. Kenny

714 So. 2d 404, 1998 WL 190412

Supreme Court of Florida | Filed: Apr 23, 1998 | Docket: 461612

Cited 27 times | Published

hire private counsel to pursue such claims. See § 27.51, Fla. Stat. (1997) (providing no authority for

State v. Kelly

999 So. 2d 1029, 2008 WL 5396701

Supreme Court of Florida | Filed: Dec 30, 2008 | Docket: 465103

Cited 25 times | Published

indigents of the right to appointed counsel); § 27.51, Fla. Stat. (2003) (mandating that the public defender

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

Schreiber v. Rowe

814 So. 2d 396, 2002 WL 432575

Supreme Court of Florida | Filed: Mar 21, 2002 | Docket: 1369109

Cited 18 times | Published

prohibited from the private practice of law) with § 27.51(3), Fla. Stat. (2000) (providing that public defenders

Everett v. State

54 So. 3d 464, 2010 WL 4007643

Supreme Court of Florida | Filed: Oct 14, 2010 | Docket: 60298291

Cited 14 times | Published

public defender is “representing” a defendant. Section 27.51(l)(a), Florida Statutes (2001), provides in

Everett v. State

54 So. 3d 464, 2010 WL 4007643

Supreme Court of Florida | Filed: Oct 14, 2010 | Docket: 60298291

Cited 14 times | Published

public defender is “representing” a defendant. Section 27.51(l)(a), Florida Statutes (2001), provides in

STATE, DHRS v. Schreiber

561 So. 2d 1236, 1990 WL 64151

District Court of Appeal of Florida | Filed: May 16, 1990 | Docket: 1740346

Cited 13 times | Published

to representing indigent criminal defendants. § 27.51, Fla. Stat. (1989). See also State ex rel. Smith

Amendment to Fla. Rules of Cr. Proc.

807 So. 2d 633

Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1505804

Cited 12 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

Behr v. Bell

665 So. 2d 1055, 1996 WL 2762

Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1351914

Cited 12 times | Published

certiorari and denied it. The court held that section 27.51(1), Florida Statutes (1993), authorized the

Russo v. Akers

724 So. 2d 1151, 1998 WL 821778

Supreme Court of Florida | Filed: Nov 25, 1998 | Docket: 1733852

Cited 11 times | Published

has changed in the applicable statute, i.e., section 27.51, Florida Statutes (1995). The public defender

Remeta v. State

559 So. 2d 1132, 1990 WL 43614

Supreme Court of Florida | Filed: Apr 12, 1990 | Docket: 1751383

Cited 11 times | Published

under this statutory right. § 925.035(4). See also § 27.51(5)(a), Fla. Stat. (1987).[5] The state has never

Escambia County v. Behr

384 So. 2d 147

Supreme Court of Florida | Filed: May 1, 1980 | Docket: 1678732

Cited 11 times | Published

petition for mandamus. The county argued that section 27.51(1),[2] Florida Statutes (1977), imposes a clear

Johnson v. State

78 So. 3d 1305, 37 Fla. L. Weekly Supp. 1, 2012 Fla. LEXIS 22, 2012 WL 16692

Supreme Court of Florida | Filed: Jan 5, 2012 | Docket: 1907961

Cited 9 times | Published

in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2008). However, in those cases

Viqueira v. Roth

591 So. 2d 1147, 1992 WL 4093

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 541264

Cited 9 times | Published

549 So.2d 1198 (Fla. 1st DCA 1989); see also § 27.51(4), Fla. Stat. (1989) (public defender cases).

In Re Amendments to Florida Rules

609 So. 2d 516, 1992 WL 323929

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 1738396

Cited 8 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

In Interest of MM

708 So. 2d 990, 1998 WL 130807

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 1528295

Cited 7 times | Published

task of trial counsel in a criminal case. See § 27.51(4), Fla. Stat. (1997) (providing that local public

Thompson v. State

525 So. 2d 1011, 1988 WL 53056

District Court of Appeal of Florida | Filed: May 31, 1988 | Docket: 964494

Cited 7 times | Published

417 So.2d 784 (Fla.3d DCA 1982). Second, "section 27.51, Florida Statutes [1985], although it permits

Smith v. State

496 So. 2d 971, 11 Fla. L. Weekly 2329

District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 1522742

Cited 7 times | Published

counsel not serve as appellate counsel. See section 27.51(4), Florida Statutes (1985). Smith's trial counsel

State Ex Rel. Smith v. Brummer

443 So. 2d 957

Supreme Court of Florida | Filed: Jan 12, 1984 | Docket: 1746747

Cited 7 times | Published

Florida Rule of Criminal Procedure 3.111. Section 27.51[2] sets forth the duties of the public defender:

Behr v. Gardner

442 So. 2d 980

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1515881

Cited 7 times | Published

Attorney Wesley would remain as lead counsel. Section 27.51(1), Florida Statutes (1981), states: The public

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1188234

Cited 6 times | Published

appeals to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460. POST JUDGMENT

Mann v. State

937 So. 2d 722, 2006 WL 2520666

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1513100

Cited 6 times | Published

collateral proceeding unless appointed to do so. See § 27.51(4), Fla. Stat. (2005) (prohibiting the public defender

Day v. State

570 So. 2d 1003, 1990 WL 151218

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 1704028

Cited 6 times | Published

this court in direct criminal appeals. Fla. Stat. § 27.51(4)(a)(1989). That responsibility is not absolute

State Ex Rel. Smith v. Jorandby

498 So. 2d 948, 11 Fla. L. Weekly 647

Supreme Court of Florida | Filed: Dec 18, 1986 | Docket: 1335473

Cited 6 times | Published

prosecution or the circumstances specified in section 27.51(1), Florida Statutes (1985). The attorney general

City of Ft. Lauderdale v. Crowder

983 So. 2d 37, 2008 WL 1883899

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1668123

Cited 5 times | Published

are consistent with section 14, article V. In section 27.51, the duties of a Public Defender were laid out

Thames v. State

549 So. 2d 1198, 1989 WL 120486

District Court of Appeal of Florida | Filed: Oct 13, 1989 | Docket: 1373992

Cited 5 times | Published

appointed at public expense. Fla.R.App.P. 9.140(b)(3); § 27.51(4), Fla. Stat.; Douglas v. California, 372 U.S

Harold v. State

450 So. 2d 910

District Court of Appeal of Florida | Filed: May 31, 1984 | Docket: 1434088

Cited 5 times | Published

permitted under limited circumstances. See section 27.51(4), Florida Statutes (1983). The Florida Bar

Harold v. State

450 So. 2d 910

District Court of Appeal of Florida | Filed: May 31, 1984 | Docket: 1434088

Cited 5 times | Published

permitted under limited circumstances. See section 27.51(4), Florida Statutes (1983). The Florida Bar

Dade County v. Baker

362 So. 2d 151

District Court of Appeal of Florida | Filed: Sep 12, 1978 | Docket: 1363047

Cited 5 times | Published

arrest for, or is charged with, a felony. See Section 27.51(1), Florida Statutes (1977). The Public Defender

Hagopian v. Justice Administrative Commission

18 So. 3d 625, 2009 Fla. App. LEXIS 11226, 2009 WL 2450520

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1640536

Cited 4 times | Published

charged with, a felony and in certain other matters. § 27.51(1); Crist, 978 So.2d at 138. If the public defender

Hagopian v. Justice Administrative Commission

18 So. 3d 625, 2009 Fla. App. LEXIS 11226, 2009 WL 2450520

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1640536

Cited 4 times | Published

charged with, a felony and in certain other matters. § 27.51(1); Crist, 978 So.2d at 138. If the public defender

In Re Certification of Conflict

636 So. 2d 18, 1994 WL 138695

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 1361709

Cited 4 times | Published

which cannot be briefed timely. Pursuant to section 27.51(4), Florida Statutes (1991) the elected Public

Green v. State

620 So. 2d 188, 1993 WL 194553

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 1387426

Cited 4 times | Published

Twelfth, Thirteenth, and Twentieth Circuits. § 27.51(4)(b), Fla. Stat. (1991).

Moorman v. Bentley

490 So. 2d 186, 11 Fla. L. Weekly 1400

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1489117

Cited 4 times | Published

2d 957 (Fla. 1984). The applicable statute, section 27.51, Florida Statutes (1985), does not provide blanket

STATE EX REL. ESCAMBIA CTY. v. Behr

354 So. 2d 974

District Court of Appeal of Florida | Filed: Feb 9, 1978 | Docket: 1682118

Cited 4 times | Published

statutory duties by withdrawing as counsel. Section 27.51(1), Florida Statutes (1975), requiring "...

In Re Doe

948 So. 2d 30, 2006 WL 3589066

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1773704

Cited 3 times | Published

neither the [Parental Notice of Abortion] Act nor section 27.51, Florida Statutes, authorize such representation

Russo v. Akers

701 So. 2d 366, 1997 WL 662369

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1443047

Cited 3 times | Published

counsel. The Public Defender also claims that section 27.51, Florida Statutes (1995), lists the duties of

State v. Ull

642 So. 2d 721, 1994 WL 149673

Supreme Court of Florida | Filed: Apr 28, 1994 | Docket: 549690

Cited 3 times | Published

Florida Rule of Criminal Procedure 3.111 and section 27.51 Florida Statutes (1991), carry with it the power

Turner v. State

588 So. 2d 1042, 1991 WL 227892

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 1708468

Cited 3 times | Published

appointed at public expense. Fla.R.App.P. 9.140(b)(3), § 27.51(4), Fla. Stat.; Douglas v. California, 372 U.S

Turner v. State

588 So. 2d 1042, 1991 WL 227892

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 1708468

Cited 3 times | Published

appointed at public expense. Fla.R.App.P. 9.140(b)(3), § 27.51(4), Fla. Stat.; Douglas v. California, 372 U.S

Haggins v. State

498 So. 2d 953, 11 Fla. L. Weekly 1405

District Court of Appeal of Florida | Filed: Jun 16, 1986 | Docket: 1699966

Cited 3 times | Published

withdraw. Many of the respondents point to section 27.51(4), Florida Statutes (1985), which sets forth

Kiernan v. State

485 So. 2d 460, 11 Fla. L. Weekly 607

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1680865

Cited 3 times | Published

represented defendants at trial. Pursuant to section 27.51(4)(a), Fla. Stat., the public defender for the

Babb v. Edwards

400 So. 2d 1239

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1676912

Cited 3 times | Published

to indigents at minimum cost to the public. See § 27.51, Fla. Stat. (1979).[7] *1242 Accordingly, the petition

Public Defender, Eleventh Judicial Circuit of Florida v. State

115 So. 3d 261, 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232161

Cited 2 times | Published

in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in those cases

Gordon v. State

960 So. 2d 31, 2007 WL 1484536

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1726305

Cited 2 times | Published

870 So.2d 895, 896 (Fla. 4th DCA 2004) (quoting § 27.51(2), Fla. Stat. (2003)). The trial court's decision

Haughwout v. Mellor

870 So. 2d 895, 2004 WL 635425

District Court of Appeal of Florida | Filed: Apr 1, 2004 | Docket: 1697946

Cited 2 times | Published

temporary basis, any person who is not indigent." § 27.51(2), Fla. Stat (2003). Section 27.52 defines indigent

Graves v. State

821 So. 2d 459, 2002 WL 1625423

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1235769

Cited 2 times | Published

contempt[1] is not a "felony appeal" as required by section 27.51(4), Florida Statutes (2001), in order to designate

Behr v. Bell

646 So. 2d 837, 1994 WL 697943

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 1713319

Cited 2 times | Published

financially unable to afford his own counsel. Section 27.51(1), Florida Statutes, provides that the public

Young v. State

580 So. 2d 301, 1991 WL 85506

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 1716779

Cited 2 times | Published

cases which are assigned to her office under section 27.51(4)(a), Florida Statutes. Neither this problem

Day v. State

564 So. 2d 137, 1990 WL 77393

District Court of Appeal of Florida | Filed: Jun 5, 1990 | Docket: 1294265

Cited 2 times | Published

and the Supreme Court of Florida pursuant to section 27.51(4)(a), Florida Statutes (1989). Unfortunately

Yacucci v. Hershey

549 So. 2d 782, 14 Fla. L. Weekly 2353, 1989 Fla. App. LEXIS 5414, 1989 WL 113887

District Court of Appeal of Florida | Filed: Oct 4, 1989 | Docket: 64645296

Cited 2 times | Published

one not authorized under statute, neither by section 27.51 nor chapter 39, Florida Statutes; and (2) the

State v. Remeta

547 So. 2d 181, 1989 WL 59492

District Court of Appeal of Florida | Filed: Jun 8, 1989 | Docket: 1738851

Cited 2 times | Published

an executive proceeding for clemency. See also § 27.51(5)(a), Fla. Stat. (1987). Section 925.035(4), Florida

Graham v. Vann

394 So. 2d 176

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 1692206

Cited 2 times | Published

authority outside of that provided by statute. Section 27.51(1), Florida Statutes, provides that the Public

Baker v. State

210 So. 3d 140, 2016 Fla. App. LEXIS 14119

District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 4423913

Cited 1 times | Published

duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postconviction

Johnson v. State

6 So. 3d 1262, 2009 Fla. App. LEXIS 2212, 2009 WL 690989

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 2494509

Cited 1 times | Published

carjacking. Johnson's sentence was 25 years. [5] § 27.51(4)(d), Fla. Stat. (2008) ("The public defender

Hardy v. State

776 So. 2d 962, 2000 WL 1854033

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 362778

Cited 1 times | Published

regarding provision of counsel to indigents, section 27.51, Florida Statutes (1999), regarding the duties

In Re Rules Govern. Capital Postconviction

763 So. 2d 273, 25 Fla. L. Weekly Supp. 119, 2000 Fla. LEXIS 494, 2000 WL 140900

Supreme Court of Florida | Filed: Feb 7, 2000 | Docket: 1681710

Cited 1 times | Published

Judicial Circuit has filed a "Motion to Declare Section 27.51(5), Florida Statutes (2000) Unconstitutional

State v. White

742 So. 2d 374, 1999 Fla. App. LEXIS 11118, 1999 WL 638516

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 64791375

Cited 1 times | Published

an indigent defendant is the appellee. Under section 27.51(4), Florida Statutes (1997), a public defender

Kirby v. State

765 So. 2d 723, 1999 WL 618163

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 1522882

Cited 1 times | Published

conferred by the Florida and federal constitutions, section 27.51, Florida Statutes (1997), and Florida Rule of

Kirby v. State

765 So. 2d 723, 1999 WL 618163

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 1522882

Cited 1 times | Published

conferred by the Florida and federal constitutions, section 27.51, Florida Statutes (1997), and Florida Rule of

Administrator, Retreat Hosp. v. Johnson

660 So. 2d 333, 1995 WL 509240

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1755929

Cited 1 times | Published

within his statutory authority provided by section 27.51(1)(d), Florida Statutes (1993), requiring the

Handley v. Dennis

642 So. 2d 115, 1994 WL 483492

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 549620

Cited 1 times | Published

continued involuntary placement. § 394.467(4)(e) and § 27.51(1)(d) Fla. Stat. (1991). In such cases, the duty

Bentzel v. State

585 So. 2d 1118, 1991 Fla. App. LEXIS 9087, 1991 WL 180707

District Court of Appeal of Florida | Filed: Sep 12, 1991 | Docket: 64661597

Cited 1 times | Published

challenging extradition is not contrary to either section 27.51, Florida Statutes, or Florida Rule of Criminal

Sanders v. State

450 So. 2d 907

District Court of Appeal of Florida | Filed: May 30, 1984 | Docket: 1433602

Cited 1 times | Published

Fourth District Court of Appeal, pursuant to Section 27.51(4)(d), Florida Statutes (1981). *908 The record

In Re Emergency Amendments to Rules, Etc.

381 So. 2d 1370

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1757964

Cited 1 times | Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

State ex rel. Escambia County v. Behr

354 So. 2d 974, 1978 Fla. App. LEXIS 15196

District Court of Appeal of Florida | Filed: Feb 9, 1978 | Docket: 64562642

Cited 1 times | Published

statutory duties by withdrawing as counsel. Section 27.51(1), Florida Statutes (1975), requiring “. .

Joshua Alexis Justiniano-Nazario v. State of Florida

District Court of Appeal of Florida | Filed: Jan 24, 2025 | Docket: 69574751

Published

the Public Defender for the Ninth Circuit. See § 27.51(4)(b), Fla. Stat. (2024).

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE SAMANTHA LEE WARD

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

of the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

of the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Supreme Court of Florida | Filed: Sep 14, 2023 | Docket: 67748975

Published

appeals to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460. POST

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Supreme Court of Florida | Filed: Aug 31, 2023 | Docket: 67748975

Published

appeals to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460. POST

Reynaldo Figueroa-Sanabria v. State of Florida

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538862

Published

to counsel by statute. See § 27.40, Fla. Stat.; § 27.51, Fla. Stat. -

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

271 So. 3d 914

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339

Published

public defender is "representing" a defendant. Section 27.51(1)(a), Florida Statutes (2001), provides in

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

271 So. 3d 914

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339

Published

public defender is "representing" a defendant. Section 27.51(1)(a), Florida Statutes (2001), provides in

State v. Ronald Grate

252 So. 3d 351

District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588431

Published

Lawyers, Inc., 978 So. 2d 134, 141 (Fla. 2008). Section 27.51, Florida Statutes (2018), defines the duties

Noel Plank v. State of Florida

190 So. 3d 594, 41 Fla. L. Weekly Supp. 93, 2016 Fla. LEXIS 553, 2016 WL 1065696

Supreme Court of Florida | Filed: Mar 17, 2016 | Docket: 3045365

Published

16, Fla. Const.; Fla. R.Crim-. P. 3.111, 3.160; § 27.51, Fla. Stat. (2003). In.'Florida, indigent criminal

Legal Aid Society of Palm Beach County, Inc. v. Guardianship of Jaffe

178 So. 3d 527, 2015 Fla. App. LEXIS 16579, 2015 WL 6735369

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 60251482

Published

well as other mandatory proceedings: See, e.g., § 27.51, Fla. Stat. (2015). In other words-, if the Legislature

Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. The Guardianship of Jennifer Jaffe and Ferd and Gladys Alpert Jewish Family & Children's Service

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009691

Published

well as other mandatory proceedings. See, e.g., § 27.51, Fla. Stat. (2015). In other words, if the Legislature

Williams v. State

99 So. 3d 593, 2012 Fla. App. LEXIS 18035, 2012 WL 4900829

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60313111

Published

duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postcon-viction

Babb v. State

92 So. 3d 281, 2012 WL 2864405, 2012 Fla. App. LEXIS 11404

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310191

Published

defender was based on three Florida Statutes: section 27.51(5)(a), 27.5303(4)(b) and 27.5304(5)(b), all

Auxier v. Jerome Golden Center for Behavioral Health

85 So. 3d 1164, 2012 Fla. App. LEXIS 5572, 2012 WL 1192102

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 444838

Published

continued involuntary placement. § 394.467(4)(e) and § 27.51(1)(d) Fla. Stat. (1991). In such cases, the duty

Law Offices of the Public Defender, Seventeenth Judicial Circuit v. State

68 So. 3d 434, 2011 Fla. App. LEXIS 15027, 2011 WL 4387247

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2556453

Published

not indigent within the meaning of the law. See § 27.51(2), Fla. Stat. (2011); Haughwout v. Mellor, 870

Palewsky v. Department of Revenue Ex Rel. Miller

61 So. 3d 1227, 2011 Fla. App. LEXIS 7197, 2011 WL 1877848

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2363240

Published

office, we affirm the remainder of the order. See § 27.51(1), Fla. Stat. (2010) (authorizing appointment

James v. State

58 So. 3d 891, 2011 Fla. App. LEXIS 2208, 2011 WL 589945

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 60299539

Published

State, 596 So.2d 957, 968 (Fla.1992). See also § 27.51(l)(a), Fla. Stat. (2009) (“Duties of Public Defender

Finkelstein v. State

16 So. 3d 257, 2009 Fla. App. LEXIS 11599, 2009 WL 2517044

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1127054

Published

MAY, and DAMOORGIAN, JJ., concur. NOTES [1] See § 27.51(1), Fla. Stat. (2008) (providing that public defender

Spencer v. State

922 So. 2d 282, 2006 Fla. App. LEXIS 1637, 2006 WL 304564

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842584

Published

temporary basis, any person who is not indigent.” § 27.51(2), Fla. Stat. (2003). Section 27.52 defines indigent

In re Amendments to Florida Rule of Appellate Procedure 9.140(c)(1)

901 So. 2d 109, 30 Fla. L. Weekly Supp. 231, 2005 Fla. LEXIS 614, 2005 WL 774382

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837994

Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

Amendments to the Florida Rules of Juvenile Procedure

894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240

Published

temporary basis, any person who is not indigent.” § 27.51(2), Fla. Stat. (2004) (emphasis supplied). The

Perry v. State

869 So. 2d 41, 2004 Fla. App. LEXIS 2574, 2004 WL 385029

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64829106

Published

trial court did not err in finding that, under section 27.51, Florida Statutes (2002), which outlines the

Amendments to Rules Regulating the Florida Bar

841 So. 2d 443, 28 Fla. L. Weekly Supp. 146, 2003 Fla. LEXIS 252, 2003 WL 359318

Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 64821742

Published

practice of law while holding said office.”); § 27.51(3), Fla. Stat. (2002) ("Each public defender shall

Amendment to the Florida Rules of Appellate Procedure (Rule 9.142)

837 So. 2d 911, 27 Fla. L. Weekly Supp. 922, 2002 Fla. LEXIS 2271, 2002 WL 31426247

Supreme Court of Florida | Filed: Oct 31, 2002 | Docket: 64820840

Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

circuit wherein the appellate court is located. See § 27.51(4), Fla. Stat. (1975). Counsel for a non-indigent

Hobbs v. Blue Cross Blue Shield

276 F.3d 1236

Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 2001 | Docket: 64091078

Published

Cross for its failure to comply with Alabama Code § 27-51-1. They filed the complaint individually and as

Norman Hobbs v. Blue Cross Blue Shield

270 F.3d 1324

Court of Appeals for the Eleventh Circuit | Filed: Oct 24, 2001 | Docket: 342348

Published

Cross for its failure to comply with Alabama Code § 27-51-1. They filed the complaint individually and as

Norman Hobbs v. Blue Cross Blue Shield

270 F.3d 1324

Court of Appeals for the Eleventh Circuit | Filed: Oct 24, 2001 | Docket: 397090

Published

Cross for its failure to comply with Alabama Code § 27-51-1. They filed the complaint individually and as

Sjuts v. State

774 So. 2d 783, 2000 Fla. App. LEXIS 16326, 2000 WL 1838323

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802751

Published

injunctive vindications of those rights.3 *785See § 27.51(1), Fla. Stat. (1997); State v. Jorandby, 498 So

Stokes v. State

768 So. 2d 1207, 2000 Fla. App. LEXIS 12618, 2000 WL 1434614

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 64800888

Published

district “after the record on appeal is transmitted.” § 27.51(4), Fla. Stat. (1999). The statute specifies that

Young v. State

718 So. 2d 203, 1998 Fla. App. LEXIS 8514, 1998 WL 390857

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 64783154

Published

transmitted to the appellate court. In addition, section 27.51(4)(d), Florida Statutes (1995), provides that

Office of the Public Defender v. State

714 So. 2d 1083, 1998 Fla. App. LEXIS 7167, 1998 WL 315075

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781951

Published

of the rule. Nevertheless, the provision of section 27.51(2), Florida Statutes (Í997), which states that

O.M. v. State, Department of Children & Families

708 So. 2d 990, 1998 Fla. App. LEXIS 2869

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 64780026

Published

task of trial counsel in a criminal case. See § 27.51(4), Fla. Stat. (1997) (providing that local public

In re Public Defender's Certification of Conflict & Motion to Withdraw Due to Excessive Case Load & Motion for Writ of Mandamus

793 So. 2d 1, 1998 Fla. App. LEXIS 1303

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64807919

Published

to which that office is currently assigned. Section 27.51(4)(b), Florida Statutes (1995), requires the

Rodriquez v. State

700 So. 2d 79, 1997 Fla. App. LEXIS 10845, 1997 WL 593940

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 64776075

Published

to be appointed as appellate counsel under section 27.51. However, where the backlog of cases in the

Ago

Florida Attorney General Reports | Filed: Jan 24, 1997 | Docket: 3256527

Published

you ask whether the prohibition contained in section 27.51(3), Florida Statutes, applies only to assistant

ZF v. State

683 So. 2d 1084, 1996 WL 629805

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 1514960

Published

the juvenile were not indigent. Therefore, section 27.51(2) Florida Statutes, prevents the appointment

Z.F. v. State

683 So. 2d 1084, 1996 Fla. App. LEXIS 11366

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64769440

Published

the juvenile were not indigent. Therefore, section 27.51(2) Florida Statutes, prevents the appointment

Ago

Florida Attorney General Reports | Filed: Jul 14, 1995 | Docket: 3255100

Published

substantially the following question: Does section 27.51, Florida Statutes, authorize a public defender

Ull v. State

613 So. 2d 928, 1993 Fla. App. LEXIS 602, 1993 WL 15629

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64694092

Published

conditions for representation cease to be met. See § 27.51, Fla.Stat. (1991). In chapter 316 traffic cases

Beach v. State

600 So. 2d 1212, 1992 Fla. App. LEXIS 6294, 1992 WL 123321

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 64668540

Published

Procedure 3.130(c) and section 27.51, Florida Statutes (1991). Section 27.51(1) guarantees an indigent

Ago

Florida Attorney General Reports | Filed: Mar 20, 1992 | Docket: 3256053

Published

field exercises, or other military training. Section 27.51(3), F.S., provides that: Each public defender

Copelin v. State

558 So. 2d 90, 1990 Fla. App. LEXIS 1337, 1990 WL 19934

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 64648756

Published

Judicial Circuit, was then designated pursuant to section 27.51(4), Florida Statutes, to appear on behalf of

Ago

Florida Attorney General Reports | Filed: Dec 13, 1989 | Docket: 3257278

Published

In sum, I am of the following opinion: Section 27.51(3), F.S., precludes an elected public defender

Folds v. State

540 So. 2d 234, 14 Fla. L. Weekly 753, 1989 Fla. App. LEXIS 1607, 1989 WL 28211

District Court of Appeal of Florida | Filed: Mar 23, 1989 | Docket: 64641167

Published

insolvent for purposes of appeal and, pursuant to section 27.51(4)(e), Florida Statutes, appointed the public

J.M. v. State

533 So. 2d 778, 13 Fla. L. Weekly 1902, 1988 Fla. App. LEXIS 3587, 1988 WL 102349

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 64638520

Published

court-appointed counsel, [e.s.] Identically, section 27.51(l)(c) broadly states: 27.51 Duties of public

Orange County v. Fishalow

513 So. 2d 1109, 12 Fla. L. Weekly 2427, 1987 Fla. App. LEXIS 12309

District Court of Appeal of Florida | Filed: Oct 15, 1987 | Docket: 64630121

Published

indigent parent in a civil dependency proceeding. See § 27.51, Fla.Stat. (1985). The constitutional right in

Allen v. McClamma

500 So. 2d 146, 12 Fla. L. Weekly 57, 1987 Fla. LEXIS 1399

Supreme Court of Florida | Filed: Jan 5, 1987 | Docket: 64624081

Published

concern a county court judge’s authority, under section 27.51(l)(b), Florida Statutes (1985), to discharge

Crow v. State

500 So. 2d 171, 11 Fla. L. Weekly 1520, 1986 Fla. App. LEXIS 8824

District Court of Appeal of Florida | Filed: Jul 10, 1986 | Docket: 64624088

Published

designated to represent appellant pursuant to section 27.51(4) Fla. Stat. (1985). Ms. Reeves, the assistant

Ago

Florida Attorney General Reports | Filed: Oct 10, 1984 | Docket: 3258441

Published

including those incurred in cases on appeal. (e.s.) Section 27.51(4)(e), F.S. 1975. After citing subsection (2)

Williams v. State

446 So. 2d 721, 1984 Fla. App. LEXIS 12281

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 64603424

Published

sentencing necessarily indicates his indigency.2 See § 27.51(2), Fla.Stat. (1981). Furthermore, appellant’s

Miller v. State

442 So. 2d 419, 1983 Fla. App. LEXIS 25261

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601554

Published

. § 316.193, Florida Statutes (1979). . See § 27.51, Florida Statutes (1979) (enumerating classes of

Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County

387 So. 2d 541, 1980 Fla. App. LEXIS 17137

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577912

Published

Statutes (1979), and that therefore, under section 27.51, Florida Statutes (1979), which defines the

Office of the Public Defender of the Ninth Judicial Circuit v. Baker

371 So. 2d 684, 1979 Fla. App. LEXIS 14751

District Court of Appeal of Florida | Filed: May 31, 1979 | Docket: 64570484

Published

2d 709, at 710 (Fla.1977), the Court stated: Section 27.51, Florida Statutes, specifies the conditions

Ago

Florida Attorney General Reports | Filed: Sep 29, 1977 | Docket: 3256084

Published

both offices contribute their time and effort. Section 27.51(3), F. S., as amended by Ch. 72-327, Laws of

In the Interest of C. F.

345 So. 2d 709, 1977 Fla. LEXIS 3866

Supreme Court of Florida | Filed: Mar 24, 1977 | Docket: 64558422

Published

public defender objected and maintained that Section 27.51, Florida Statutes, authorizes the public defenders

Ago

Florida Attorney General Reports | Filed: Nov 18, 1975 | Docket: 3256841

Published

defendants in federal criminal cases? SUMMARY: Section 27.51(3), F.S., prohibits an assistant public defender

Griffin v. State

314 So. 2d 243, 1975 Fla. App. LEXIS 13743

District Court of Appeal of Florida | Filed: Jun 18, 1975 | Docket: 64547236

Published

concur. . Florida Appellate Rule 6.7(f). . F.S. 27.51(4). .Citing Canon 5 and Canon 6, Code of Professional