Florida/Georgia Personal Injury & Workers Compensation

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla.Stat....

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

...rm of four years. He shall perform duties prescribed by general law." The legislature, in accordance with this provision, defined the duties of the public defender and set forth guidelines for indigent representation in chapter 27, Florida Statutes. Section 27.51, Florida Statutes (1989), provides in pertinent part: (4) The public defender for a judicial circuit enumerated in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defen...

...ssly authorizes the appointment of other public defenders where a public defender is permitted to withdraw because of conflict. Although this section does not differentiate between trial and appellate public defenders, when read in pari materia with section 27.51 which defines the duties of the public defenders, it is clear that when an appellate public defender withdraws due to conflict, only another appellate public defender, or private counsel, may be appointed. Of course, the trial public defender always has the authority to accept appellate responsibility for a case if he or she so desires. The fact that subsection 27.51(6), Florida Statutes (1989), states that funding for appellate work shall be provided to the enumerated appellate public defenders' offices, and no such funding is provided to the other public defenders' offices, highlights that the leg...

...However, we modify the procedure adopted by the district court to make it more consistent with existing legislative directions. We believe the proper course to be followed in such a situation is for the appellate public defender to continue to be appointed as appellate counsel under section 27.51....

...For the reasons set forth above, we approve in part and modify the order of the Second District Court of Appeal dated May 12, 1989. It is so ordered. EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] Paragraph 27.51(4)(b), Florida Statutes (1989), assigns to the Public Defender for the Tenth Judicial Circuit the responsibility of handling appeals "on behalf of any public defender within the district comprising the Second District Court of Appeal." [2] A prime example of this dilemma is provided by the cases of Tim v....

...[3] For example, in the third district, approximately 15% of indigent appellants serve their sentences before briefs are filed or their cases are disposed of by the court. Brief of the Florida Public Defender Association, Inc. as Amicus Curiae at 14 n. 6 [4] Subsection 27.51(6), Florida Statutes (1989), states: "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 ex...

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla.Stat....

...ily in those cases in which the public defender has a conflict. The Act establishes five Offices of Criminal Conflict and Civil Regional Counsel ("OCCCRC") to be located within the geographic boundaries of each of the five district courts of appeal. § 27.511(1), Fla....

...nor, the Governor appoints a regional counsel from this list (unless it is in the best interests of the fair administration of justice for the Governor to request the submission of three new candidates), and the Senate must confirm each nominee. Id. § 27.511(3)....

...§ 27.53(4), Fla. Stat. (2007). Although each office is assigned to the Justice Administrative Commission for administrative *138 purposes, they are "not subject to control, supervision, or direction by the commission in the performance of their duties." § 27.511(2), Fla....

...The Legislature established the OCCCRC "to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law . . . in a fiscally sound manner, while safeguarding constitutional principles." Id. § 27.511(1)....

...As was the case under the previous system, the public defender in each circuit is primarily responsible for representing indigent defendants who have been charged or arrested for an enumerated list of criminal offenses and in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in cases where the public defender determines that a conflict of interest exists, rather than appointing private counsel from a registry list, the new system mandates that the OCCCRC be appointed first. See § 27.511(5), Fla....

...mendment, has created this office in article V, section 18 of the Florida constitution. The functioning of that office is regulated by statute, sections 27.50-.59, Florida Statutes (1981), and by court rule. Florida Rule of Criminal Procedure 3.111. Section 27.51 sets forth the duties of the public defender: To represent any indigents who face possible loss of liberty, or any indigent minor alleged to be a delinquent child, and to handle felony appeals in the state or federal courts....

...— (1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51....

...concerning the duties of both the public defender and the OCCCRC. This is because a comparison of the duties of each entity is directly relevant to determining whether the OCCCRC are in fact public defenders. As to the duties of the public defender, section 27.51, Florida Statutes (2007) (entitled "Duties of the public defender"), requires that it provide representation to any indigent person who is (1) under arrest for or charged with a felony, a misdemeanor authorized to be prosecuted by the s...

...ter 394, or to residential services as a person with developmental disabilities under chapter 393; (4) appealing a conviction and sentence of death to this Court on direct appeal; or (5) appealing a matter in any of the preceding situations. See id. § 27.51(1), Fla. Stat. Similarly, the OCCCRC are required to provide representation to indigent defendants in exactly the same types of criminal cases as the public defender. See § 27.511(5), Fla....

...Thus, there is some overlap between the OCCCRC and the public defender when it comes to the types of criminal cases each entity handles. What is critical to our decision is that the OCCCRC are appointed in criminal cases only where the public defender must withdraw due to a conflict of interest. See § 27.511(5), Fla. Stat. Therefore, the OCCCRC do not compete or otherwise act concurrently with the public defender — it is only when the public defender steps aside that a regional counsel steps in. [8] In fact, section 27.51 was not revised by chapter 2007-62....

...[2] The Act also provides that the OCCCRC have primary responsibility for representing indigent persons in civil proceedings, for which constitutional principles or general law require court-appointed counsel and where general law does not already provide for the appointment of the public defender. See § 27.511(6)(a), Fla....

...s. See § 27.405, Fla. Stat. (2007). [8] Although the OCCCRC are responsible for the same types of enumerated cases as the public defender, the Act also grants the OCCCRC primary responsibility for certain civil proceedings that are not addressed in section 27.51. As noted in section 27.511(6), the OCCCRC ha[ve] primary responsibility for representing persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law in civil proceedings, including, but not limited to, proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415, 743, 744, and 984. Id. § 27.511(6)(a). However, if general law already provides for appointment of the public defender, then the OCCCRC are appointed only if the public defender has a conflict of interest. See id. at § 27.511(6)(b), Fla....

...(1975), which provides: No county or municipality shall appropriate or contribute funds to the operation of the offices of the various public defenders. In addition, maintains respondent, legislative appropriations are provided for these expenses by Section 27.51(4)(e), Florida Statutes (1975)....

...talization, both our State and the Federal Constitution require that indigents be afforded review commensurate to that available to nonindigents. See Williams v. Oklahoma City , Grissom v. Dade County, and Bell v. State, supra. Sections 27.54(2) and 27.51(4)(e), Florida Statutes (1975), do not alter our conclusion....

...efender's office. Costs have been defined to include payments to a court reporter for preparation of a record on appeal. See King v. Weis-Patterson Lumber Co., 127 Fla. 109, 172 So. 693 (1937); Markham v. Gottsegen, 181 So.2d 594 (Fla. 2d DCA 1966). Section 27.51(4)(e) simply complements Section 27.54(2) by providing for legislative appropriations for operation expenses of the enumerated public defenders' offices....

...t part which he procures to be prepared and the county shall pay for that part which the state procures to be prepared; provided that, if an appealing defendant is adjudged insolvent, the county shall pay the cost of such transcript and copies." [2] § 27.51(4)(e), Fla....

...Ass’n of Criminal Defense Lawyers, Inc., 978 So. 2d 134, 141 (Fla. 2008). Thus, the Legislature has created by statute the offices of CCRC and the Office of Criminal Conflict and Civil Regional Counsel (RCC) and has established the registry counsel appointment system. See §§ 27.40, 27.511, 27.701, Fla....

...2d at 142. Article V, section 18, grants the Legislature the authority to statutorily regulate the duties to be performed by the public defender, which includes the types of cases for which public defenders may be appointed. Id. at 141; see also § 27.51, Fla....

...(2013) (“[p]rivate counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section”); § 27.701, Fla. Stat. (2013) (“[t]here are created three regional offices of capital collateral counsel . . .”); § 27.511(1), Fla....

...Because they are created by statute, the Legislature has the - 31 - authority to establish the qualifications and duties of (not the elected public defender) registry counsel, CCRC, and RCC, and those qualifications are not within the purview of this Court. See §§ 27.40(3)(a), 27.511(3)(a), 27.701, Fla. Stat....

...closing confidential information. Additionally, we recently evaluated a statute similar to amended section 27.703(a) in Johnson v. State, 78 So. 3d 1305 (Fla. 2012). In Johnson, we addressed the issue of whether sections 27.5303(1)(a)7 and 27.511(8), 8 Florida Statutes (2008), authorize appellate courts to inquire into the adequacy of the conflict of interest....

...communications. The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client. . . . § 27.5303(1)(a), Fla. Stat. (2008). 8. In relevant part, section 27.511(8), Florida Statutes, provides: If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40. § 27.511(8), Fla....

...endant with private counsel could pursue actions without limitation is no different from the fact that noncapital defendants who are afforded no statutory right to postconviction counsel could likewise hire private counsel to pursue such claims. See § 27.51, Fla....

...he trial judge "opts out" by providing the defendant a written, pretrial certification that the defendant will not be imprisoned for the charged offense. See id.; see also Fla. R.Crim. P. 3.160 (advising indigents of the right to appointed counsel); § 27.51, Fla....

...t is actually imprisoned for the charged offense. Florida, however, has provided a different standard through its Constitution, Rules of Criminal Procedure, and the Florida Statutes. See art. I, §§ 2, 16, Fla. Const.; Fla. R.Crim. P. 3.111, 3.160; § 27.51, Fla....

...nsel and, if he or she is financially unable to obtain counsel, of the right to be assigned court-appointed counsel to represent him or her at the arraignment and at all subsequent proceedings. Fla. R.Crim. P. 3.160(e) (emphasis supplied). Moreover, section 27.51(1)(b)(1)-(2), Florida Statutes, provides: The public defender shall represent, without additional compensation, any person determined to be indigent ......

...Kelly therefore maintained a right to counsel pursuant to Rule of Criminal Procedure 3.111 because misdemeanor DUI is an offense punishable by imprisonment. As a corollary, Kelly was entitled to appointed representation from the Public Defender's Office under section 27.51, Florida Statutes....

...Here, a consideration of these factors leads to the conclusion that Florida provides a broader right to counsel under article I, section 16 of our state Constitution than that provided by the federal courts under the Sixth Amendment. See, e.g., Fla. R.Crim. P. 3.111, 3.160; § 27.51, Fla....

...he trial judge "opts out" by providing the defendant a written, pretrial certification that the defendant will not be imprisoned for the charged offense. See id.; see also Fla. R.Crim. P. 3.160 (advising indigents of the right to appointed counsel); § 27.51, Fla....

...defendant could have been incarcerated for more than six months but was not incarcerated for any period can be used to enhance a current charge from a misdemeanor to a felony. The majority relies upon Florida Rule of Criminal Procedure 3.111(b) and section 27.51, Florida Statutes (2003)....

...tion by counsel as commanded by Gideon v. Wainwright." Behr v. Gardner, 442 So.2d 980, 981-82 (Fla. 1st DCA 1983) (on motion for rehearing); see also State ex rel. Smith v. Brummer, 443 So.2d 957, 959 (Fla.1984). More particularly, the provisions of section 27.51, requiring the public defender to represent defendants charged with misdemeanors, were enacted in response to Argersinger. Because the Supreme Court's decision in Argersinger interpreting the Sixth Amendment precipitated the adoption of rule 3.111 and section 27.51, not article I, section 16, the majority's reliance on these provisions as the basis to find a broader right to counsel in Florida's Constitution is misplaced. After Florida adopted rule 3.111 and section 27.51 to provide for counsel in cases of prospective imprisonment following Argersinger, the United States Supreme Court subsequently restricted the right to appointed counsel to cases where the defendant was actually imprisoned....

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

...Public defenders shall appoint such assistant public defenders as may be authorized by law. Art. V, § 18, Fla. Const. (1972). [4] Compare § 27.015, Fla. Stat. (2000) (providing that state attorneys serve on a full-time basis and are prohibited from the private practice of law) with § 27.51(3), Fla. Stat. (2000) (providing that public defenders serve on a full-time basis and are prohibited from the private practice of law). [5] Compare § 27.02, Fla. Stat. (2000) (providing for the cases in which state attorneys shall appear) with § 27.51(1), Fla....

...arged with any Florida offense. The postconviction court did not err in denying this claim. Chapter 27, Florida Statutes (2001), and Florida Rule of Criminal Procedure 3.111 offer guidance on when a public defender is “representing” a defendant. Section 27.51(l)(a), Florida Statutes (2001), provides in pertinent part that “[t]he public defender shall represent ... any person who is determined by the court to be indigent as provided in s. 27.52 and who is ... [u]nder arrest for, or is charged with, a felony.” Section 27.51(2) adds that “[t]he court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent.” § 27.51(2)....

...atutes.” Fla. R.Crim. P. 3.111(b)(5)(C). In this case, at the time that Everett was in Alabama and gave statements to law enforcement officers, the Florida trial *473 court had not determined that Everett was indigent, as required by both sections 27.51-52 and rule 3.111(b)(5). Likewise, attorney Smith had not been appointed as counsel and was not “representing” Everett according to sections 27.51-52 and rule 3.111 because Everett had not been formally charged, was not under custodial restraint in Florida, and had not had a first appearance for his Florida charges....

...ised without objection. See Florida Export Tobacco Co., Inc. v. Dept. of Revenue, 510 So.2d 936, 955 (Fla. 1st DCA 1987). Also, as petitioner points out, a public defender's authority is narrowly limited to representing indigent criminal defendants. § 27.51, Fla....

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

...ounsel." Behr sought to have the First District Court of Appeal bar the trial court from requiring Behr to serve as standby counsel. The district court of appeal treated Behr's petition as a petition for certiorari and denied it. The court held that section 27.51(1), Florida Statutes (1993), authorized the trial court to appoint a public defender as standby counsel and pointed to the approval of the concept of standby counsel by the United States Supreme Court in Faretta v....

...[1] The district court of appeal discounted the public defender's reliance upon Hammond v. State, 264 So.2d 463 (Fla. 4th DCA 1972), [2] by pointing out that Faretta cast doubt on the vitality of Hammond, which was decided three years before Faretta. Section 27.51(1) provides in pertinent part: "The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent......

...nt or by removing him from the courtroom." Id. The purpose of standby counsel is to assist the court in conducting orderly and timely proceedings. Id. at 258. We find no reason to alter our holding in Jones, which is in harmony with Faretta and with section 27.51(1)....

...[3] In Littlefield v. Superior Court, 18 Cal. App.4th 856, 22 Cal. Rptr.2d 659 (1993), the court held that California statutes do not authorize a court to appoint a public defender to act as standby counsel. Aside from the fact that the term "represent" in section 27.51(1) may be broader than the term "defend" in the California public defender statute, we do not find the reasoning of that case to be persuasive.

...orari in the district court. The district court denied the writ, noting that public defenders have represented indigent defendants in noncapital postconviction proceedings for years and that *1152 nothing has changed in the applicable statute, i.e., section 27.51, Florida Statutes (1995). The public defender sought—and this Court granted—review. The public defender takes the position that his authority to represent clients is circumscribed by section 27.51 and that because Akers is a convicted felon he is no longer "under arrest" or "charged with a felony." Ergo, the public defender reasons, the trial court was without authority to appoint him in the present case....

...There is no absolute duty to appoint counsel for an indigent defendant in a post-conviction relief proceeding unless the application on its face reflects a colorable or justiciable issue or a meritorious grievance. Graham, 372 So.2d at 1365-66 (footnotes omitted). Section 27.51 specifically addresses the duties of the public defender and provides in relevant part: 27.51 Duties of public defender.— (1) The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 and who is: (a) Under arrest for, or is charged with, a felony .... § 27.51, Fla....

...While several other statutes and a rule of procedure address the issue of court-appointed representation on collateral review, none addresses the public defender's role and each is subject to the dictates of Graham. [1] The district court in the present case addressed the applicability of section 27.51 and other statutes: Although there is no absolute right to counsel in a postconviction proceeding, the Florida Supreme Court has held that due process requires that counsel be provided *1153 if a postconviction motion presents a meritor...

...Meanwhile, the motions to withdraw were granted in six noncapital felony cases. Escambia County, which would ultimately have to bear the expense of appointed counsel, [1] sought certiorari review in the district court of the denial of its petition for mandamus. The county argued that section 27.51(1), [2] Florida Statutes (1977), imposes a clear duty on the public defender to provide representation to insolvent defendants....

...The court held that the circuit court may grant a public defender's motion to withdraw and appoint private counsel at county expense on the ground of excessive case load in the public defender's office. The petitioner here reiterates its argument that the public defender has a clear duty, under section 27.51, to represent insolvent defendants....

...r 27.53(3), Florida Statutes (1977). In a capital case, the court has the additional option of appointing private counsel under Section 925.035, Florida Statutes (1977). If so appointed, it becomes private counsel's duty to represent such defendant. Section 27.51(1), Florida Statutes (1977) imposes upon the public defender the duty of representing "any person who is determined to be insolvent, as provided in this act, who is under arrest for, or is charged with, a felony." It does not impose a s...

...OVERTON and ALDERMAN, JJ., concur. NOTES [1] The fees and expenses of private counsel appointed to represent insolvent defendants are paid in the same manner as in capital cases, § 27.53, Fla. Stat. (1977); that is, they are paid by the county. § 925.035, Fla. Stat. (1977). [2] Section 27.51(1), Florida Statutes (1977), provides in pertinent part: (1) The public defender shall represent, without additional compensation as provided in s....

...[4] We emphasize that this type of clemency proceeding is just part of the overall death penalty procedural scheme in this state. The circuit court in this instance had the responsibility to appoint counsel under this statutory right. § 925.035(4). See also § 27.51(5)(a), Fla....

...NOTES [1] We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. [2] Generally, trial courts appoint the public defender's office to represent indigent death-sentenced individuals in executive clemency proceedings. See §§ 925.035, 27.51(5)(a), Fla....

...[4] Because Remeta's right to counsel was clearly authorized by statute, we find no need to reach the question of whether an indigent, death-sentenced prisoner has a state or federal constitutional right to counsel in executive clemency proceedings. [5] Section 27.51(5)(a) of the Florida Statutes (1987), provides that in death penalty cases the trial court shall retain the power to appoint the public defender or other attorney not employed by the capital collateral representative to represent such person in proceedings for relief by executive clemency pursuant to s....

...ppointed for representation. After hearing argument from the parties, the Fourth District granted the public defender's motion to withdraw and appointed RCC to represent Johnson in his appeal. The Fourth District concluded that the plain language of section 27.511(8), Florida Statutes (2008), provides that the public defender's certification of conflict alone is sufficient to shift representation of the defendant to RCC....

...a conflict at the appellate level the case will automatically be transferred to RCC without a determination from a district court of appeal. Id. at 1266. ANALYSIS The underlying case involves a judicial interpretation of the application of sections 27.511(8) and 27.5303(1)(a) and whether RCC has standing to challenge a public defender's motion to withdraw....

...in the 1972 amendment). The public defender in each circuit is primarily responsible for representing indigent defendants who have been charged or arrested for an enumerated list of criminal offenses and in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2008). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of RCC. See § 27.511(5), Fla....

..."Where the statute's language is clear or unambiguous, courts need not employ principles of statutory construction to determine and effectuate legislative intent." Fla. Dep't of Children & Family Servs., 14 So.3d at 234. Thus, we begin our analysis with careful consideration of the text of the statutes at issue. Section 27.511(8), Florida Statutes (2008), provides: The public defender for the judicial circuit specified in s. 27.51(4) shall, after the record on appeal is transmitted to the appellate court by the office of criminal conflict and civil regional counsel which handled the trial and if requested by the regional counsel for the indicated appellate district, h...

...Johnson, 6 So.3d at 1266. We disagree with the Fourth District's interpretation as it is not consistent with the history of the statute or the Legislature's stated intent in amending the statute to include the language which the Fourth District relies upon. Section 27.511 is entitled "Offices of criminal conflict and civil regional counsel; legislative intent; qualifications; appointment; duties. " § 27.511, Fla. Stat. (2008) (emphasis added). Section 27.511(8) was created in 2007 when the Legislature established the RCC....

...shall handle all circuit court appeals within the state courts system and any authorized appeals to the federal courts which are required in cases in which the office of criminal conflict and civil regional counsel is appointed under this section." § 27.511(8), Fla. Stat. (2007). While the staff analysis of the bill does not address subsection (8) specifically, it does state that section 27.511 was created to establish RCC, which "shall provide representation on the same types of cases as the public defender" when the case is assigned to regional counsel because "the public defender has a conflict." Fla....

...not conduct hearings as the second sentence of the statute provides. In fact, appellate courts do review motions for their adequacy and can direct further inquiry on motions through orders to show cause or by scheduling oral argument. Moreover, when section 27.511(8) and section 27.5303(1)(a) are read in pari materia, there is no contradiction in the statutes and one can discern a reconciled legislative intent that courts review all motions to withdraw, at both the trial and appellate level, and make further inquiry if necessary. In light of the plain language, the titles of the statutes, and the legislative history of sections 27.511(8) and 27.5303(1)(a), we disagree with the Fourth District's interpretation of the statutes....

...factor—an injury in fact—the alleged harm must be "actual or imminent, not `conjectural' or `hypothetical.'" Whitmore, 495 U.S. at 155, 110 S.Ct. 1717 (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)). Section 27.511(5), Florida Statutes (2011), provides that RCC must assume representation of an indigent defendant in the event that the public defender cannot represent the defendant due to a conflict of interest: (5) When the Office of the Public De...

...shment of certain preliminary steps in the appeal) is that of trial counsel in a criminal case. See Fla.R.App.P. 9.140(b)(3)(A); Turner v. State, 588 So.2d 1042, 1044 (Fla. 5th DCA 1991); Thames v. State, 549 So.2d 1198 (Fla. 1st DCA 1989); see also § 27.51(4), Fla....

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

...California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), for review on the merits. The problem we now address arises from a policy adopted in most of the public defender offices in this state that trial counsel not serve as appellate counsel. See section 27.51(4), Florida Statutes (1985)....

...Moreover, the fact that his family had retained private counsel to represent him cannot change this result. Guy v. State, 473 So.2d 234 (Fla. 2d DCA 1985); Price v. Mounts, 421 So.2d 690 (Fla. 4th DCA 1982); Johnson v. Snyder, 417 So.2d 783 (Fla. 3d DCA 1982); Saintil v. Snyder, 417 So.2d 784 (Fla.3d DCA 1982). Second, "section 27.51, Florida Statutes [1985], although it permits the appointment of the public defender to represent certain indigent defendants, does not permit the appointment of the public defender *1012 as co-counsel with privately retained counsel." Behr v....

...Trial courts should understand that it is the task of trial counsel in a parental termination proceeding to file the notice of appeal in the trial court and to arrange for the preparation of a record, just as these functions are the task of trial counsel in a criminal case. See § 27.51(4), Fla....

...mendment, has created this office in article V, section 18 of the Florida constitution. The functioning of that office is regulated by statute, sections 27.50-.59, Florida Statutes (1981), and by court rule. Florida Rule of Criminal Procedure 3.111. Section 27.51 [2] sets forth the duties of the public defender: To represent any indigents who face possible loss of liberty, or any indigent minor alleged to be a delinquent child, and to handle felony appeals in the state or federal courts....

...NOTES [1] We note, however, that the federal judge consulted with the public defender's office before making the appointment and relied on the representations of that office that it was able and authorized to accept the assignment both in making the original appointment and in denying the motion to vacate. [2] Section 27.51, Florida Statutes (1981), provides in pertinent part: 27.51 Duties of public defender....

...ed the Public Defender's Office to assist in Gardner's representation. The trial court's order stated that the public defender was appointed for the purpose of providing investigative assistance and that Attorney Wesley would remain as lead counsel. Section 27.51(1), Florida Statutes (1981), states: The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s....

...ted by a privately retained attorney. Chapter 27 does not impose upon the public defender a statutory duty to represent all insolvent defendants in all criminal proceedings. Escambia County v. Behr, 384 So.2d 147 (Fla. 1980). Therefore, we hold that section 27.51, Florida Statutes (1981), although it permits the appointment of the public defender to represent certain indigent defendants, does not permit the appointment of the public defender as co-counsel with privately retained counsel....

...teral proceedings of defendants not under sentence of death. See § 924.051(9), Fla. Stat. (2005). Thus, the Public Defender's Office may not represent a defendant not under sentence of death in a collateral proceeding unless appointed to do so. See § 27.51(4), Fla....

...a supplemental response. Having now considered the supplemental response, we find as follows. Movant is, of course, statutorily charged with the responsibility of representing indigent parties before this court in direct criminal appeals. Fla. Stat. § 27.51(4)(a)(1989)....

...The public defender of the circuit in which the respondent was determined to be a sexually violent predator shall be appointed to represent an indigent respondent on appeal. The public defender may request the public defender who handles criminal appeals to represent a respondent as provided in section 27.51(4), Florida Statutes....

...The attorney general contends that public defenders and their assistants, as state officers, have only those powers expressly conferred on them by the constitution or by statute and that their authority extends only to representation arising directly from an underlying criminal prosecution or the circumstances specified in section 27.51(1), Florida Statutes (1985)....

...ovide defendants the right of counsel guaranteed by the sixth amendment. Article V, section 18, of the Florida Constitution establishes the public defender as a constitutional official and states: "He shall perform duties prescribed by general law." Section 27.51, Florida Statutes (1985), sets forth the circumstances under which the public defender in Florida shall represent indigent defendants who face loss of liberty because they are: (a) under arrest for or charged with a felony; (b) under ar...

...It is pointed out that the Public Defender is an elected public official charged with the statutory duty to represent, without additional compensation, any person who is determined to be insolvent and who is under arrest for, or is charged with, a felony. See Section 27.51(1), Florida Statutes (1977)....

....53(3), Florida Statutes (1977). In a capital case, the court has the additional option of appointing private counsel under Section 925.035, Florida Statutes (1977). [3] If so appointed, it becomes private counsel's duty to represent such defendant. Section 27.51(1), Florida Statutes (1977) imposes upon the public defender the duty of representing " any person who is determined to be insolvent, as provided in this act, who is under arrest for, or is charged with, a felony." It does not impose a...

...ary authority to appoint members of the Florida Bar to represent insolvent defendants in criminal proceedings. As the First District Court of Appeal in State ex rel. Escambia County v. Behr, 354 So.2d 974 (Fla. 1st DCA 1978), has accurately stated: "Section 27.51(1), Florida Statutes (1975), requiring `......

...Statutes. [2] If the defendant is unable to pay his private trial counsel to represent him on appeal, counsel may move to withdraw after filing the notice of appeal and appellate counsel will be appointed at public expense. Fla.R.App.P. 9.140(b)(3); § 27.51(4), Fla....

...digent clients assigned to him. A public defender is obligated to both file and handle the appeal of an indigent defendant. Such representation is required by the nature of his office and withdrawal is only permitted under limited circumstances. See section 27.51(4), Florida Statutes (1983)....

...Revision 7. See Ch.2003-402, Laws of Fla. The City argues these statutes are invalid to the extent they would make the City liable for the cost of indigent defense in this case. We think the *40 statutes are consistent with section 14, article V. In section 27.51, the duties of a Public Defender were laid out thus: "The public defender shall represent, without additional compensation, any person determined to be indigent under s....

...or 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." [e.s.] § 27.51(1), Fla....

...However, petitioner argues that this does not necessarily equate appointment of a public defender. The office of public defender is totally a creature of the state constitution and of statute, not of common law. State ex rel. Smith v. Brummer, 443 So.2d 957 (Fla. 1984). The applicable statute, section 27.51, Florida Statutes (1985), does not provide blanket authority for the public defender to represent all indigent persons in all types of criminal actions....

...§ 775.02, Fla. Stat. (1985). The statutory definition of a misdemeanor contains the same limitation. § 775.08(2), Fla. Stat. (1985). For all practical purposes, criminal contempt is the equivalent of a misdemeanor. Therefore, we believe that by specifying in section 27.51 that the public defender shall represent indigent persons charged with a misdemeanor, the legislature intended such representation to include indigent persons charged with criminal contempt....

...NOTES [1] The public defender's office for the Tenth Judicial Circuit is responsible for all indigent-defendant appeals in the geographic area of the Second District Court of Appeal. This includes the Sixth, Tenth, Twelfth, Thirteenth, and Twentieth Circuits. § 27.51(4)(b), Fla....

...Petitioner sought writ of mandamus to compel the Public Defender to represent the defendants in the six cases. The writ was denied, and the motions to withdraw were granted. Petitioner now seeks writ of certiorari before this court, contending the Public Defender may not shirk his statutory duties by withdrawing as counsel. Section 27.51(1), Florida Statutes (1975), requiring "......

...See, for example, Florida's Criminal Justice Standards & Goals: Final Report, 392-3 (1976). Moreover, the trial judge has the opportunity to observe directly the adequacy of representation by the public defender's office and to determine *976 whether the workload is excessive. Section 27.51 cannot be construed mechanically, in all circumstances, to mandate the appointment of the public defender if so doing would compromise the effectiveness of his representation....

...ases in which the public defender has a conflict." Crist v. Fla. Ass'n of Criminal Def. Lawyers, Inc., 978 So.2d 134, 137 (Fla.2008). To this end, chapter 2007-62 established five Offices of Criminal Conflict and Civil Regional Counsel (the OCCCRC). § 27.511(1), Fla....

...Stat. (2007); Crist, 978 So.2d at 137. As was the case before chapter 2007-62, the public defender in each circuit has primary responsibility for representing indigent persons under arrest for, or charged with, a felony and in certain other matters. § 27.51(1); Crist, 978 So.2d at 138. If the public defender is unable to represent an indigent person because of a conflict of interest, the new system requires that the OCCCRC be appointed to provide legal services to that person. § 27.511(5); Crist, 978 So.2d at 138....

...Thereafter, the Public Defender has moved to withdraw from all cases received when the initial briefs are in excess of sixty days overdue. Cases sought to be withdrawn from are based upon the number of records received from the respective counties which cannot be briefed timely. Pursuant to section 27.51(4), Florida Statutes (1991) the elected Public Defenders located in the second, seventh, nineteenth, eleventh, and fifteenth judicial circuits are assigned the additional duty of handling all indigent criminal appeals within their respective district court's jurisdiction....

...ionally or statutorily mandated and that section 924.066(3), Florida Statutes (Supp.1996), provides that a defendant in a non-capital case who is seeking collateral review has no right to court-appointed counsel. The Public Defender also claims that section 27.51, Florida Statutes (1995), lists the duties of public defenders and it does not include representing indigent defendants in collateral proceedings....

...ida Statutes. If the defendant is unable to pay his private trial counsel to represent him on appeal, counsel may move to withdraw after filing the notice of appeal and appellate counsel will be appointed at public expense. Fla.R.App.P. 9.140(b)(3), § 27.51(4), Fla....

...These cases are consolidated for the purpose of considering and ruling on the motion to withdraw filed by the public defender in each case. All of these appeals arise out of convictions in which the public defender for the Eighth Judicial Circuit represented defendants at trial. Pursuant to section 27.51(4)(a), Fla....

...withdraw would be considered on a case-by-case basis. In the eight cases presently before us, the Second Judicial Circuit public defender's motions to withdraw were granted. Authority for granting permission to withdraw in spite of the provisions of section 27.51(1) is found in State ex rel Escambia County v. Behr, 354 So.2d 974 (Fla. 1st DCA 1978). In Behr, we held that section 27.51(1) (now section 27.51(a)) must be read in pari materia with other relevant statutes and standards....

...believe unnecessarily requires resort to the appointment of private counsel, is at variance with the basic purpose of the public defender's office — that is, to provide effective legal representation to indigents at minimum cost to the public. See § 27.51, Fla....

...n the district, all public defenders and state attorneys in the district, and the attorney general's office. The common denominator of all of the responses is that they oppose the granting of the motions to withdraw. Many of the respondents point to section 27.51(4), Florida Statutes (1985), which sets forth the responsibility of the Public Defender of the Tenth Judicial Circuit to handle appeals for the other public defenders with funds appropriated under the authority of section 27.51(6), Florida Statutes (1985)....

...In the order entered following the hearing, the trial judge provided the following explanation for her disqualification of Mr. Pfeiffer: At the hearing, an attorney with the Office of the Public Defender desired to act as co-counsel. However, neither the [Parental Notice of Abortion] Act nor section 27.51, Florida Statutes, authorize such representation, particularly where the petitioner has already retained private counsel. Additionally, section 27.51, Florida Statutes, seems to prohibit any such representation....

...In the present case, there was no necessity for the disqualification of the appellant's counsel. Although the trial judge referenced three authorities for her ruling—(1) the Parental Notice of Abortion Act, which appears at section 390.01114, Florida Statutes; (2) section 27.51, Florida Statutes; and (3) "ethical rules"—none of these authorities precludes an attorney who wishes to provide private representation in connection with a non-criminal petition for judicial waiver of parental notice of termination of...

...We have for review Ull v. State, 613 So.2d 928 (Fla. 3d DCA 1993), in which the court certified the following questions of great public importance: Does the power to appoint the public defender pursuant to Florida Rule of Criminal Procedure 3.111 and section 27.51 Florida Statutes (1991), carry with it the power to revoke the appointment if the conditions for representation cease to be met? Must the determination that no jail sentence will be imposed in the event of a conviction, for the purpose...

...fifty dollars had no right to appointed counsel. Ull thus has no federal constitutional right to appointed counsel, since the court certified that it will not impose incarceration upon conviction. We now turn to state statutory law and court rules. Section 27.51, Florida Statutes (1991), provides that a public defender shall be appointed in the following instances: 27.51 Duties of public defender — (1) The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s....

...which is punishable by imprisonment, or a violation of a municipal or county ordinance in the county court, unless the court, prior to trial, files in the cause a statement in writing that the defendant will not be imprisoned if he is convicted... . § 27.51, Fla....

...ice of having that office appointed to handle these types of cases. Petitioner argues: (1) that the appointment of the public defender to represent these defendants in related civil dependency hearings is one not authorized under statute, neither by section 27.51 nor chapter 39, Florida Statutes; and (2) the attorneys in the public defender’s office are at risk, having no liability protections in these types of cases since they are not provided for by statute, etc. Petitioner argues that since the public defender’s office is a creature of statute, it can only act under its statutory authority. Section 27.51, Florida Statutes (1987), enumerates the functions of the public defender’s office....

...in the 1972 amendment). The public defender in each circuit is primarily responsible for representing indigent defendants who have been charged or arrested for an enumerated list of criminal offenses and in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of the Office of Criminal Conflict and Civil Regional Counsel (RCC). See § 27.511(5), Fla....

...re appointments are in essence motions to withdraw, which are governed by section 27.5303. Section 27.40(1) mandates that “the court shall appoint a public defender to represent indigent persons.” § 27.40(1), Fla. Stat. (2007) (emphasis added). Section 27.51(1) provides that the public defender “shall represent ... any person determined to be indigent” who is under arrest or charged with various criminal offenses that could result in imprisonment. § 27.51(1), Fla....

..."Florida law requires a public defender to represent indigent defendants but a court `may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent.'" Haughwout v. Mellor, 870 So.2d 895, 896 (Fla. 4th DCA 2004) (quoting § 27.51(2), Fla....

...Nancy Daniels, Public Defender for the Second Judicial Circuit, moves for leave to withdraw as counsel for appellant in this case and an additional 46 cases. [1] She argues that inadequate funding makes it impossible for her to hire enough attorneys to timely prepare briefs in the cases which are assigned to her office under section 27.51(4)(a), Florida Statutes....

...th penalty is authorized by section 925.035(4), Florida *182 Statutes, to appoint the public defender or other attorney not employed by the capital collateral representative to represent the indigent in an executive proceeding for clemency. See also § 27.51(5)(a), Fla....

...She also moves for permission to withdraw as counsel in up to 200 additional cases in this court to which she will be assigned in the future. *138 The Public Defender for the Second Judicial Circuit is responsible for handling indigent criminal appeals to this court and the Supreme Court of Florida pursuant to section 27.51(4)(a), Florida Statutes (1989)....

...The Public Defender for the Tenth Judicial Circuit moves to withdraw, alleging that he was improperly designated to represent Jamie J. Graves. We grant the motion because we conclude that this appeal of an order finding Graves in indirect criminal contempt [1] is not a "felony appeal" as required by section 27.51(4), Florida Statutes (2001), in order to designate the Tenth Circuit Public Defender. Section 27.51(4), Florida Statutes (2001), provides that upon transmittal of the record and request of the local public defender, the Public Defender for the Tenth Judicial Circuit shall "handle all felony appeals" in this district....

...State, 800 So.2d 319 (Fla. 2d DCA 2001), which, although recognized by statute, is not specifically classified by statute as either a felony or a misdemeanor. See § 38.22, Fla. Stat. (2001). In order to determine whether contempt is a felony for purposes of section 27.51(4), we turn to the definition of felony: The term "felony" shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary....

...The appellants also challenge the appellees' representation by the Public Defender's Office. They correctly point out that the office did not exist at common law and is a creature of Article V, § 18, Florida Constitution, with no authority outside of that provided by statute. Section 27.51(1), Florida Statutes, provides that the Public Defender shall represent, without additional compensation as provided in § 925.035, any person who is determined to be insolvent, as provided in the Act, and who is under arrest for, or is...

...right to represent himself at trial. Thus, the only question presented here is whether Florida law permits the public defender to be appointed to this particular role where the self-representing party is financially unable to afford his own counsel. Section 27.51(1), Florida Statutes, provides that the public defender shall represent indigent defendants charged with a felony....

...18 Cal. App.4th 856, 22 Cal. Rptr.2d at 661. We choose not to follow Littlefield, finding that the majority's reliance on earlier California precedent in construing the term "defend" militates against adopting the reasoning of the majority in construing section 27.51(1), Florida Statutes, which by contrast provides that the public defender shall "represent" indigent defendants....

...Moreover, the public defender in the instant case was given responsibilities as "standby counsel" for defendant Hill which went beyond those assigned to the public defender by the trial court in Littlefield. The appointment of the public defender to serve as "standby counsel" is authorized by section 27.51(1), Florida Statutes, and therefore the petition for writ of prohibition or certiorari was and is DENIED....

...For the reasons set forth below, we grant the petition and quash the order appointing the public defender. Florida law requires a public defender to represent indigent defendants but a court "may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent." § 27.51(2), Fla....

...ate a continued basis for involuntary placement. A review of this involuntary placement of a patient is undertaken every six months, and the public defender is charged with representing an indigent patient during this process. §§ 395.467(4)(e) and 27.51(1)(d), Fla....

...To do otherwise, would violate the constitutional rights of the patient as well as the plain requirements of the Baker Act. The Public Defender has a duty under the law to represent indigent mental patients in hearings to determine the need for continued involuntary placement. § 394.467(4)(e) and § 27.51(1)(d) Fla....

...(2015) ("A person in a noncapital case who is -2- seeking collateral review under this chapter has no right to a court-appointed lawyer."); Williams v. State, 99 So. 3d 593, 595 (Fla. 2d DCA 2012) ("The duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postconviction representation."); Perry v. State, 869 So. 2d 41, 42 (Fla. 2d DCA 2004) (affirming postconviction court's dismissal of a rule 3.800(a) motion filed by a public defender because the public defender had only been appointed to represent the defendant on appeal and "under section 27.51 ....

...n made available to those able to afford counsel. Mora, 494 P.2d at 597 . Finally, we observe in passing that appointment of the public defender to represent an indigent in a habeas corpus proceeding challenging extradition is not contrary to either section 27.51, Florida Statutes, or Florida Rule of Criminal Procedure 3.111. We do not think it can seriously be contended that appellant has not been faced with a possible loss of liberty, a circumstance which permits representation under section 27.51....

...After the preparation and filing of the record on appeal and the transcript of testimony, the Public Defender for the Fifteenth Circuit was designated as appellate counsel for the handling of the matter before the Fourth District Court of Appeal, pursuant to Section 27.51(4)(d), Florida Statutes (1981)....

...tic transmittal of a copy of the record to the public defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

...scriptive provision. [8] General statements of legislative intent have little power to change substantive directives stated plainly in the same statute which may seem at odds with the general intent. RCC omits mentioning the dispositive provision in § 27.511(8), which states: "If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40." [e.s.] § 27.511(8), Fla....

...supporting his argument that in spite of the clear appellate provision, § 27.5303(1)(a) nevertheless also authorizes factual inquiries when the appellate PD certifies conflict. Given the difference in text of the separate statutes, we conclude that § 27.511(8) is meant to control in the appellate court when multiple defendants are involved in appeals after a trial court has found a conflict....

...In this regard, the professionalism of both offices commends the lawyers who serve these important functions in the system of justice. For the above reasons, we grant the PD's motion for leave to withdraw by separate order and direct that the RCC "shall handle the appeal." § 27.511(8), Fla....

...so advised. Orders accordingly. GROSS, C.J., and STEVENSON, J., concur. NOTES [1] Mayfield v. State, No. 4D08-1608, filed April 17, 2008, open and pending. [2] Actually his full title is "Criminal Conflict and Civil Regional Counsel, Fourth Region." § 27.511(1), Fla. Stat. (2007). We shall use RCC as shorthand for the cumbersome statutory title. [3] Ch. 2007-62, §§ (1)-(2), Laws of Fla. [4] Robbery with a firearm and carjacking. Johnson's sentence was 25 years. [5] § 27.51(4)(d), Fla....

...the authority for the appointment in question does not mention any such prerequisite." 384 So.2d at 149 (quoting Dade County v. Baker, 362 So.2d 151, 158 (Fla. 3d DCA 1978) (Hubbart, J., dissenting)). [8] See Ch. 2007-62, § 31, Laws of Fla. [9] See § 27.511(8), Fla....

...Petitioner sought writ of mandamus to compel the Public Defender to represent the defendants in the six eases. The writ was denied, and the motions to withdraw were granted. Petitioner now seeks writ of certiorari before this court, contending the Public Defender may not shirk his statutory duties by withdrawing as counsel. Section 27.51(1), Florida Statutes (1975), requiring “....

...See, for example, Florida’s Criminal Justice Standards & Goals: Final Report, 392-3 (1976). Moreover, the trial judge has the opportunity to observe directly the adequacy of representation by the public defender’s office and to deter *976 mine whether the workload is excessive. Section 27.51 cannot be construed mechanically, in all circumstances, to mandate the appointment of the public defender if so doing would compromise the effectiveness of his representation....

...State, Case No. SC93792; Jackson v. State, Case No. SC93925; Zack v. State, Case No. SC92089; Bowles v. State, Case No. SC96732; and Booker v. State, Case No. SC93422. An Assistant Public Defender for the Seventh Judicial Circuit has filed a "Motion to Declare Section 27.51(5), Florida Statutes (2000) Unconstitutional on its Face and as Applied." Farina v....

...S ENTITLED TO APPOINTED COUNSEL WHERE THE JUDGE HAS FILED A WRITTEN STATEMENT THAT NO JAIL TIME WILL BE IMPOSED IN THE EVENT OF CONVICTION? We have studied rule 3.111, Florida Rules of Criminal Procedure, regarding provision of counsel to indigents, section 27.51, Florida Statutes (1999), regarding the duties of the public defender, and State v....

...e habeas corpus petitions pursuant to section 394.459(10) because he was neither the patients' guardian nor representative within the meaning of the statute. The special assistant public defender was acting within his statutory authority provided by section 27.51(1)(d), Florida Statutes (1993), requiring the appointment of the public defender to represent indigent persons who are the subject of "involuntary placements as a mentally ill person." The special assistant public defender did not move...

...White on appeal. What has occurred in this case suggests that neither the applicable statutes nor the rules of procedure are well written to address the issue of substitution of counsel in a case in which an indigent defendant is the appellee. Under section 27.51(4), Florida Statutes (1997), a public defender who represents a defendant at trial may request a specified public defender’s office to handle the defendant’s appeal. The statute provides that the public defender handling the trial may make this request “after the record on appeal is transmitted to the appellate court by the office of public defender which handled the trial.” § 27.51(4), Fla....

...ave resulted in nine months' incarceration. § 316.193(2)(b)2., Fla. Stat. (Supp.1982). The Hlad majority did not, moreover, discuss the right to counsel under state law. While the right to counsel conferred by the Florida and federal constitutions, section 27.51, Florida Statutes (1997), and Florida Rule of Criminal Procedure 3.111 does not arise in every misdemeanor prosecution, see Ull, 642 So.2d at 723, the question here is whether, as a matter of Florida law, an indigent defendant in a misd...

...Jones, 280 So.2d 431 (Fla.1973). On the other hand, the decision in Nichols clearly changes the legal landscape. We therefore certify the following question to the Florida Supreme Court: DOES STATE V. BEACH, 592 So.2d 237 (Fla.1992), ARTICLE I, § 16 OF THE FLORIDA CONSTITUTION, SECTION 27.51, FLORIDA STATUTES (1997), FLORIDA RULE OF CRIMINAL PROCEDURE 3.111, OR ANY COMBINATION THEREOF PRECLUDE USING UNCOUNSELED CONVICTIONS AS PREDICATES FOR A FELONY CONVICTION EVEN THOUGH THE UNCOUNSELED CONVICTIONS DID NOT RESULT IN INCARCERATION AT THE TIME? We reverse and remand with directions that Mr....

...Stokes until the case may be lawfully transferred to the Public Defender of the Tenth Judicial Circuit. In this district, the Public Defender of the Tenth Judicial Circuit is designated by statute to handle criminal appeals for qualified appellants in the entire district “after the record on appeal is transmitted.” § 27.51(4), Fla....

...State, 718 So.2d 203 (Fla. 4th DCA 1998). We cannot improve its analysis, and we adopt Young without qualification. The practical factor that demands the outcome we reach here — and what presumably motivated the legislature to adopt the scheme set out in section 27.51 — is that the Tenth Circuit Public Defender is located in Bartow, Florida....

...ral fashion; the two offices do not and will not share space, bank accounts, books, clients, or fees except when the clients or fees are connected with civil matters in which partners or associates from both offices contribute their time and effort. Section 27.51 (3), F....

...raphically by these relationships. Any improper effect would be de minimus because of the inconsequential relationship among the parties herein as described by the unique factual situation and has little or no effect as anticipated by the passage of s. 27.51 (3)....

...y to obtain meaningful appellate review as wealthy appellants. The supreme court then stated: We believe the proper course to be followed in such a situation is for the appellate public defender to continue to be appointed as appellate counsel under section 27.51....

...al or answer briefs per month, in addition to the reply briefs submitted. 3 But the supreme court has made it clear that this court is not permitted to micromanage the appellate production of Mr. Moorman’s office. See In re Certification. Although section 27.51(4)(b), Florida Statutes (1995), mandates that Mr....

...In these two cases, we grant the petitions for writ of certiorari and quash the orders appointing the public defender's office to represent the two defendants. The record reflects that the defendants are not indigent within the meaning of the law. See § 27.51(2), Fla....

...The public defender of the circuit in which the respondent was determined to be a sexually violent predator shallmust be appointed to represent an indigent respondent on appeal. The public defender may request the public defender who handles criminal appeals to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460....

...The Public Defender moved the court to allow his office to withdraw on the ground that violations of section 316.193, are neither felonies nor misdemeanors by the express terms of section 775.08(2), Florida Statutes (1979), and that therefore, under section 27.51, Florida Statutes (1979), which defines the authority of the Public Defender, there was no authority for the Public Defender to represent the insolvent defendant....

...to withdraw. The circuit court entered identical orders in four cases, which were consolidated in this appeal. Article V, section 18, of the Florida Constitution provides that the Public Defender “shall perform duties prescribed by general law.” Section 27.51, enumerates the specific classes of people who are eligible for representation by the Office of the Public Defender....

...When the statutes in pari materia are construed together we find that the Office of the Public Defender has both the duty and the authority to represent indigent defendants charged with violations of section 316.-193. The 1980 Florida Legislature amended section 27.51 Florida Statutes (1979) to provide that the Public Defender shall represent any indigent defendant who is: *544 (b) Under arrest for, or is charged with, a misdemeanor, a violation of Chapter 316 which is punishable by imprisonment....

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

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

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

...Over the next several years, at least three public defenders were appointed to repre *595 sent Mr. Williams. Likewise, several trial judges were assigned to the case. The public defenders, however, were apparently appointed solely to prosecute ground two. The duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postcon-viction representation....

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

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

...serve as guardian for all indigent incapacitated wards. In contrast, for example, public defenders are explicitly required by statute ■ to represent any indigent individual charged with a felony, as well as other mandatory proceedings: See, e.g., § 27.51, Fla....

..., to serve as guardian for all indigent incapacitated wards. In contrast, for example, public defenders are explicitly required by statute to represent any indigent individual charged with a felony, as well as other mandatory proceedings. See, e.g., § 27.51, Fla....

...reasoned that the civil restitution proceeding was adversarial in nature 2 because it arose from the criminal action against O'Neal. Finally, the court posited that appointment of the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the civil restitution proceedings are ancillary to a state criminal charge. II. We issued an order to show cause why the department's petition should not be dismissed for lack of standing....

...See State v. Grate, 252 So. 3d 351, 352 (Fla. 5th DCA 2018); see also State, Dep't of Health & Rehab. Servs. v. Schreiber, 561 So. 2d 1236, 1242 (Fla. 4th DCA 1990). The public defender's authority to undertake representation of any party emanates from section 27.51, which prescribes public defenders' duties. That statute "generally provides that public defenders shall represent indigents who have been charged or arrested for a variety of criminal offenses that could result in imprisonment an...

...in a limited number of civil proceedings that threaten their liberty interests, as well as in all indigent criminal direct appeals." Grate, 252 So. 3d at 353; see also State ex rel. Smith v. Jorandby, 498 So. 2d 948, 950 (Fla. 1986) (reasoning that section 27.51 "permits representation by a public defender only in circumstances entailing prosecution by the state threatening an indigent's liberty interest")....

...at said counsel can be the public defender's office"). 6  Finally, the public defender is not authorized to represent O'Neal because civil restitution proceedings are not "ancillary to a state charge" under section 27.51(1)(b)4, which provides: The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and ....

...municipality to provide representation pursuant to ss. 27.54 and 125.69. Because this civil restitution lien proceeding is not founded on a violation of a special law or county or municipal ordinance, the public defender's appointment is not authorized by section 27.51(1)(b)4. Accordingly, we grant the department's petition....

...reasoned that the civil restitution proceeding was adversarial in nature 2 because it arose from the criminal action against O'Neal. Finally, the court posited that appointment of the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the civil restitution proceedings are ancillary to a state criminal charge. II. We issued an order to show cause why the department's petition should not be dismissed for lack of standing....

...See State v. Grate, 252 So. 3d 351, 352 (Fla. 5th DCA 2018); see also State, Dep't of Health & Rehab. Servs. v. Schreiber, 561 So. 2d 1236, 1242 (Fla. 4th DCA 1990). The public defender's authority to undertake representation of any party emanates from section 27.51, which prescribes public defenders' duties. That statute "generally provides that public defenders shall represent indigents who have been charged or arrested for a variety of criminal offenses that could result in imprisonment an...

...in a limited number of civil proceedings that threaten their liberty interests, as well as in all indigent criminal direct appeals." Grate, 252 So. 3d at 353; see also State ex rel. Smith v. Jorandby, 498 So. 2d 948, 950 (Fla. 1986) (reasoning that section 27.51 "permits representation by a public defender only in circumstances entailing prosecution by the state threatening an indigent's liberty interest")....

...at said counsel can be the public defender's office"). 6  Finally, the public defender is not authorized to represent O'Neal because civil restitution proceedings are not "ancillary to a state charge" under section 27.51(1)(b)4, which provides: The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and ....

...municipality to provide representation pursuant to ss. 27.54 and 125.69. Because this civil restitution lien proceeding is not founded on a violation of a special law or county or municipal ordinance, the public defender's appointment is not authorized by section 27.51(1)(b)4. Accordingly, we grant the department's petition....

...re Everett was ever charged with any Florida offense. . . . Chapter 27, Florida Statutes (2001), and Florida Rule of Criminal Procedure 3.111 offer guidance on when a public defender is “representing” a defendant. Section 27.51(1)(a), Florida Statutes (2001), provides in pertinent part that “[t]he public defender shall represent . . . any person who is determined by the court to be indigent as provided in s. 27.52 and who is . . . [u]nder arrest for, or is charged with, a felony.” Section 27.51(2) adds that “[t]he court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent.” § 27.51(2)....

...P. 3.111(b)(5)(C). In this case, at the time that Everett was in Alabama and gave statements to law enforcement officers, the Florida trial court had not determined that Everett was indigent, as required by both sections 27.51-.52 and rule 3.111(b)(5). Likewise, attorney Smith had not been appointed as counsel and was not “representing” Everett according to sections 27.51-.52 and rule 3.111 because Everett had not been formally charged, was not under custodial restraint in Florida, and had not had a first appearance for his Florida charges. Specifically, Everett made statements to law enforceme...

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

...When no brief was filed, we inquired of the appellate office of the Public Defender why the appeal was not proceeding. In response, we were advised that the trial court had not appointed the office of the Public Defender for the purpose of appeal because it found that the parents of the juvenile were not indigent. Therefore, section 27.51(2) Florida Statutes, prevents the appointment of the Public Defender for the purpose of appeal....

...When no brief was filed, we inquired of the appellate office of the Public Defender why the appeal was not proceeding. In response, we were advised that the trial court had not appointed the office of the Public Defender for the purpose of appeal because it found that the parents of the juvenile were not indigent. Therefore, section 27.51(2) Florida Statutes, prevents the appointment of the Public Defender for the purpose of appeal....

...later delinquency determination and a dependency hearing is not a critical first step in the delinquency determination.” In considering the certified question in the case of In Interest of C. F., 345 So.2d 709, at 710 (Fla.1977), the Court stated: Section 27.51, Florida Statutes, specifies the conditions under which the public defender shall undertake the representation of a juvenile alleged to be a delinquent child....

..., the public defender may represent the child as in other delinquency proceedings. It seems clear that this statutory duty of the Public Defender to represent the child was based solely upon the delinquency aspect of the first ungovernable petition. Section 27.51 Fla.Stat....

...In light of the fact that Palewsky does not contest paternity, we affirm the order on review on that point. Finding no merit to his claim that he is entitled to representation by the Public Defender's office, we affirm the remainder of the order. See § 27.51(1), Fla....

...23, 2004) (table decision), and Perry filed this appeal of the trial court’s dismissal of his rule 3.800(a) motion. Although the issues raised in Perry’s rule 3.800(a) motion may be meritorious, the trial court did not err in finding that, under section 27.51, Florida Statutes (2002), which outlines the duties of the public defender, the public defender here was not authorized to file Perry’s collateral attack....

...Trial courts should understand that it is the task of trial counsel in a parental termination proceeding to file the notice of appeal in the trial court and to arrange for the preparation of a record, just as these functions are the task of trial counsel in a criminal case. See § 27.51(4), Fla....

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

...The defendant was represented by the public defender of the Fifth Judicial Circuit at his trial, conviction and sentencing in the trial court. The trial public defender filed a notice of appeal relating to the sentencing only. The trial court adjudicated the defendant insolvent for purposes of appeal and, pursuant to section 27.51(4)(e), Florida Statutes, appointed the public defender of the Seventh Judicial Circuit to represent the defendant on appeal....

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

...contempt and sentencing him to incarceration. In support, he relies on the Sixth Amendment right to counsel; the analogous right to counsel under article I, section 16, of the Florida Constitution; the state and federal due process clauses; section'27.51 of the Florida Statutes; and the Florida Rules of Criminal Procedure....

...Specifically, section 38.22, Florida Statutes (2013), provides: “Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine ’ all questions of law and fact.” Plank, however, relies on section 27.51,- Florida Statutes (2013), for the proposition that he must be-afforded counsel when charged with direct criminal contempt. Section 27.51(1) provides that a public defender “shall” represent an indigent, and specifically provides that this provision applies to those who are charged with criminal contempt....

...reasons justify or mitigate a violation and make revocation inappropriate. See 427 So.2d at 774 . Although appellant was never adjudged indigent, his representation by the *723 public defender at sentencing necessarily indicates his indigency. 2 See § 27.51(2), Fla.Stat....

...Lloyd Vipperman was retained to represent Stevie Rochelle and a substitution of counsel was approved. Copelin was unable to retain private counsel for his appeal and the public defender was appointed to represent him. The Office of the Public Defender, Second Judicial Circuit, was then designated pursuant to section 27.51(4), Florida Statutes, to appear on behalf of Copelin....

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

...2d 957, 969 (Fla. 1992). This right extends to each crucial stage, which is “any stage that may significantly affect the outcome of the proceedings.” Id. at 968. In most cases, indigent defendants are also entitled to counsel by statute. See § 27.40, Fla. Stat.; § 27.51, Fla....

...s a matter of law to sustain the conviction, this Court sua sponte raises said point. The judgment of conviction is reversed with directions that appellant be discharged. Reversed. JOHNSON and MILLS, JJ., concur. . Florida Appellate Rule 6.7(f). . F.S. 27.51(4)....

...a temporary basis.’ Because the system that is currently employed is contrary to the provisions of section 27.52(l)(a), Florida Statutes (1997), and Florida Rule of Criminal Procedure 3.130(c)(1), we grant the petition as limited by this opinion. Section 27.51(2), Florida Statutes (1997), provides: “The court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent.” Further, section 27.52(l)(a), Florida Statutes (1997), provides in part:...

...law.” This provision grants the Legislature the authority to delineate the duties to be performed by public defenders, including the types of cases for which public defenders can be appointed. Crist v. Fla. Ass’n of Criminal Def. Lawyers, Inc., 978 So. 2d 134, 141 (Fla. 2008). Section 27.51, Florida Statutes (2018), defines the duties of the Office of Public Defender and generally provides that public defenders shall represent indigents who have been charged or arrested for a variety of criminal offenses that could result in imprisonment and in a limited number of civil proceedings that threaten their liberty interests, as well as in all indigent criminal direct appeals. See, e.g., State ex rel. Smith v. Jorandby, 498 So. 2d 948, 950 (Fla. 1986) (holding section 27.51 permits representation by public defender only in circumstances entailing prosecution by state threatening indigent’s liberty interest, including appeals). Thus, the duties of public defenders, as enumerated in section 27.51, include representation of indigent defendants only in circumstances that threaten liberty interests, which do not include civil traffic infraction proceedings....

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

The Honorable Julianne M. Holt Public Defender Thirteenth Judicial Circuit 801 East Twiggs Street Tampa, Florida 33602-3548 Dear Ms. Holt: You ask substantially the following question: Does section 27.51 , Florida Statutes, authorize a public defender to represent an indigent person for the purpose of a Motion to Expunge or Seal the indigent's criminal history records? In sum: Section 27.51 , Florida Statutes, does not authorize a public defender to represent an indigent person for the purpose of a Motion to Expunge or Seal the indigent's criminal records, regardless of whether the public defender may have previously been appointed to represent the individual....

...ance of counsel guaranteed by the Sixth Amendment. 1 In providing for the establishment of the public defender's office, Article V , section 18 , Florida Constitution, states that the public defender "shall perform duties prescribed by general law." Section 27.51 , Florida Statutes, enumerates the functions of the public defender's office and sets forth in subsection (1) that the public defender shall represent any person who is determined to be indigent as provided in section 27.52 , Florida St...

...ly placed as a mentally ill person or involuntarily admitted to residential services as a person with developmental disabilities. As the Supreme Court of Florida recognized in State ex rel. Smith v. Jorandby, 2 each of the circumstances set forth in section 27.51 (1), Florida Statutes, is directed toward an event that could result in incarceration, although the statute also permits representation in appeals....

...Where a statute enumerates the things on which it is to operate, it is ordinarily construed as excluding from its operation all those not expressly mentioned. 4 Thus, when the controlling law directs how a thing shall be done it is, in effect, a prohibition against its being done any other way. 5 Nowhere in section 27.51 , Florida Statutes, does the statute require or authorize the public defender's office to represent indigent persons in the type of proceeding you ask about, regardless of whether the public defender's office may have been previously appointed to represent the indigent....

...e the powers so conferred, 7 the civil proceeding of expunging or sealing criminal records does not appear to be a consistent power that is necessary for the execution of the public defender's enumerated duties. Accordingly, I am of the opinion that section 27.51 , Florida Statutes, does not authorize or require a public defender to represent an indigent person for the purpose of a Motion to Expunge or Seal a criminal record, regardless of whether such public defender had been previously appointed to represent the indigent person....

...olation of separation of powers. It is his position that counsel must be provided and paid by the Executive Branch. Petitioner acknowledges that the Governor’s request for the appointment of the public defender was based on three Florida Statutes: section 27.51(5)(a), 27.5303(4)(b) and 27.5304(5)(b), all of which are legislative grants of authority to the courts to appoint counsel in clemency cases. Codified in Part III of Chapter 27, “Public Defenders and Other Court-Appointed Counsel.” Section 27.51(5)(a), Florida Statutes (2011) provides: 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 convict...

...c defender’s duties, and it intrudes impermissibly on the management of the office of the elected public defender because, as custodian of public funds, Petitioner is not authorized to expend funds for purposes not appropriated by the Legislature. Section 27.51 (5)(a) is a general law, however, and although we agree that the language of the statute is odd, there also does not seem to be much doubt that it authorizes a court to appoint the public defender in an executive clemency case....

...extensions of time for preparation of the record, transcript and initial brief, the record was not transmitted until April 14, 1986. At that time, the public defender for the second judicial circuit was designated to represent appellant pursuant to section 27.51(4) Fla....

...efender handling the case is now, presumably, familiar with the record and issues being raised. If the public defender deems it necessary to be relieved from other appeals, he should file a motion to withdraw in this court promptly upon receipt of a § 27.51(4) designation....

OVERTON, Justice. These consolidated proceedings concern a county court judge’s authority, under section 27.51(l)(b), Florida Statutes (1985), to discharge a public defender or limit the scope of his duties....

...ove. This recommendation would necessitate the legislature appropriating additional funds for the Public Defender to adequately provide consultation services. These two recommended changes in the law could be made by amending sections 985.208(1) and 27.51, Florida Statutes (2004)....

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

...t. See Dubose v. State, 359 So. 3d 368, 372 (Fla. 1st DCA 2023). The Chief Judge noted that PD10 could obtain electronic 1 PD10 handles all circuit and county court appeals on behalf of the Public Defender for the Ninth Circuit. See § 27.51(4)(b), Fla....

...interested in utilizing part-time assistant public defenders who also have private practices. Since the Florida Bar now offers certification in criminal trial practice and in criminal appellate practice, you ask whether the prohibition contained in section 27.51 (3), Florida Statutes, applies only to assistant public defenders who in their private practice may be involved in criminal trial practice or whether it also applies to those handling criminal appeals in state and federal court. Section 27.51 (3), Florida Statutes, provides: "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 ." (e.s.) Based on the all-encompassing nature of the prohibition, this office has determined that section 27.51 (3), Florida Statutes, applies to part-time as well as full-time assistant public defenders 1 and that the limitation includes both federal and state practice....

...2 The terms of the statute are not limited to the practice of criminal law in certain courts or jurisdictions but rather the statute provides a complete prohibition against such private practice by assistant public defenders. 3 In addition, the statute makes no distinction between trial practice and appellate practice. Section 27.51 (3), Florida Statutes, clearly prohibits an assistance public defender from engaging in the practice of criminal law; such language would appear to be broad enough to encompass both criminal trial practice and criminal appellate practice. In light of the breadth of the language contained in section 27.51 (3), Florida Statutes, prohibiting assistant public defenders from engaging in the practice of criminal law, this office cannot distinguish between criminal trial practice or criminal appellate practice nor add words of limitation to the statute....

...4 Accordingly, I am of the opinion that a part-time assistant public defender who also has a private practice may not engage in the practice of criminal law, including criminal appellate law, in his private practice. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , Op. Att'y Gen. Fla. 68-23 (1968) (since s. 27.51 [3], Fla. Stat., makes no distinction between full-time assistant public defenders and part-time assistant public defenders, it applies to all assistant public defenders). Cf ., Ops. Att'y Gen. Fla. 75-284 (1975) (s. 27.51 [3] prohibits an assistant public defender from being a member of, or associated with, a private law firm which engages in the practice of criminal law in state or federal courts) and 77-104 (1977) (assistant public defender may have a relationship with an existing law firm under certain specific and unique facts)....

...titutional rights. See Rothgery v. Gillespie County, 554 U.S. 191, 198 , 128 S.Ct. 2578 , 171 L.Ed.2d 366 (2008); Kirby v. Illinois, 406 U.S. 682, 689 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972); Traylor v. State, 596 So.2d 957, 968 (Fla.1992). See also § 27.51(l)(a), Fla....

...ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. . See, e.g., § 27.015, Fla. Stat. (2002) ("All state attorneys elected to said office shall be so elected on a full-time basis and shall be prohibited from the private practice of law while holding said office.”); § 27.51(3), Fla....

...The Public Defender for the Tenth Judicial Circuit (appellate public defender) has filed a certification of conflict and motion to withdraw, due to what it deems to be an “excessive case load,” as appointed counsel in 248 cases to which that office is currently assigned. Section 27.51(4)(b), Florida Statutes (1995), requires the Public Defender of the Tenth Judicial Circuit to act as the appellate attorney for indigent defendants appealing criminal matters from the trial courts to this court....

...Spencer first argues that she was denied due process of law during the violation of probation hearing and sentencing because the trial court failed to appoint counsel for her. Under Florida law, a court “may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent.” § 27.51(2), Fla....

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

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

...e action that threatened Sjuts’s liberty interest. Rather, these claims sought monetary damages for the alleged deprivation of Sjuts’s rights to be free of unlawful searches and detentions, and injunctive vindications of those rights. 3 *785 See § 27.51(1), Fla....

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

...to s. 27.52. Costs of representation shall be assessed as provided by s. 27.52 and s. 27.56. If a child appears without counsel, the court shall advise him of his rights with respect to representation of court-appointed counsel, [e.s.] Identically, section 27.51(l)(c) broadly states: 27.51 Duties of public defender.— (1) The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s....

...27.52 and who is: * * * * * * (c) Alleged to be a delinquent child pursuant to petition filed before a circuit court[.] These provisions are dispositive of the appellant’s right to reversal. See State ex rel. Alton v. Conkling, 421 So.2d 1108 (Fla. 5th DCA 1982). Because the clear terms of sections 39.-071 and 27.51(l)(c) contain no such qualification, we reject the state’s contention that, under the statutes, the right to counsel in juvenile proceedings in Florida, as is true in adult misdemeanor cases, is limited to situations, unlike this one, in which imprisonment is a possible penalty. See § 27.51(l)(b), Fla.Stat....

...1428 , 18 L.Ed.2d 527 (1967); In re D.B., 385 So.2d at 83 ; State ex rel. Alton v. Conkling, 421 So.2d at 1108 . Pursuant to sections 39.071 and 27.-51(l)(c), a new hearing at which J.M. shall be represented by appointed counsel is required. REVERSED. . Unlike the misdemeanor provision for appointed counsel, § 27.51(l)(b), Fla.Stat. (1987), which turns on susceptibility to imprisonment, the felony counsel statute, in common with *780 § 39.071 and 27.51(l)(c), applies to any indigent “who is [u]nder arrest for, or is charged with, a feIony[.]" § 27.51(l)(a), Fla.Stat. (1987). Subsections 27.51(l)(a-c) provide, in their entirety: 27.51 Duties of public defender.— (1) The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s....

...The public defender of the circuit in which the respondent was determined to be a sexually violent predator shallmust be appointed to represent an indigent respondent on appeal. The public defender may request the public defender who handles criminal appeals to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460....

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

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

...defender appointed to represent an indigent defendant on appeal, which in any particular case may be the public defender either in the judicial circuit where the trial took place or in the judicial circuit wherein the appellate court is located. See § 27.51(4), Fla....

...'s discussion of the role of the public defender in Baker Act proceedings: The Public Defender has a duty under the law to represent indigent mental patients in hearings to determine the need for continued involuntary placement. § 394.467(4)(e) and § 27.51(1)(d) Fla....