Florida Statute 27.52 - 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. 27.52

27.52 Determination of indigent status.—

(1) APPLICATION TO THE CLERK.—A person seeking appointment of a public defender under s. 27.51 based upon an inability to pay must apply to the clerk of the court for a determination of indigent status using an application form developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.

(a) The application must include, at a minimum, the following financial information:

1. Net income, consisting of total salary and wages, minus deductions required by law, including court-ordered support payments.

2. Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, reemployment assistance or unemployment compensation, dividends, interest, rent, trusts, and gifts.

3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.

4. All liabilities and debts.

5. If applicable, the amount of any bail paid for the applicant’s release from incarceration and the source of the funds.

The application must include a signature by the applicant which attests to the truthfulness of the information provided. The application form developed by the corporation must include notice that the applicant may seek court review of a clerk’s determination that the applicant is not indigent, as provided in this section.

(b) An applicant shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed. The applicant shall pay the fee within 7 days after submitting the application. If the applicant does not pay the fee prior to the disposition of the case, the clerk shall notify the court, and the court shall:

1. Assess the application fee as part of the sentence or as a condition of probation; or

2. Assess the application fee pursuant to s. 938.29.

(c) Notwithstanding any provision of law, court rule, or administrative order, the clerk shall assign the first $50 of any fees or costs paid by an indigent person as payment of the application fee. A person found to be indigent may not be refused counsel or other required due process services for failure to pay the fee.

(d) All application fees collected by the clerk under this section shall be transferred monthly by the clerk to the Department of Revenue for deposit in the Indigent Criminal Defense Trust Fund administered by the Justice Administrative Commission, to be used as appropriated by the Legislature. The clerk may retain 2 percent of application fees collected monthly for administrative costs from which the clerk shall remit $0.20 from each application fee to the Department of Revenue for deposit into the General Revenue Fund prior to remitting the remainder to the Department of Revenue for deposit in the Indigent Criminal Defense Trust Fund.

(e)1. The clerk shall assist a person who appears before the clerk and requests assistance in completing the application, and the clerk shall notify the court if a person is unable to complete the application after the clerk has provided assistance.

2. If the person seeking appointment of a public defender is incarcerated, the public defender is responsible for providing the application to the person and assisting him or her in its completion and is responsible for submitting the application to the clerk on the person’s behalf. The public defender may enter into an agreement for jail employees, pretrial services employees, or employees of other criminal justice agencies to assist the public defender in performing functions assigned to the public defender under this subparagraph.

(2) DETERMINATION BY THE CLERK.—The clerk of the court shall determine whether an applicant seeking appointment of a public defender is indigent based upon the information provided in the application and the criteria prescribed in this subsection.

(a) An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human Services or if the person is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veterans’ benefits, or Supplemental Security Income (SSI).

1. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.

2. Notwithstanding the information that the applicant provides, the clerk may conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of the state to identify any property interests of the applicant under this paragraph. The clerk may evaluate and consider the results of the review in making a determination under this subsection. If the review is ¹conducted, the clerk shall maintain the results of the review in a file with the application and provide the file to the court if the applicant seeks review under subsection (4) of the clerk’s determination of indigent status.

(b) Based upon its review, the clerk shall make one of the following determinations:

1. The applicant is not indigent.

2. The applicant is indigent.

(c)1. If the clerk determines that the applicant is indigent, the clerk shall submit the determination to the office of the public defender and immediately file the determination in the case file.

2. If the public defender is unable to provide representation due to a conflict pursuant to s. 27.5303, the public defender shall move the court for withdrawal from representation and appointment of the office of criminal conflict and civil regional counsel.

(d) The duty of the clerk in determining whether an applicant is indigent shall be limited to receiving the application and comparing the information provided in the application to the criteria prescribed in this subsection. The determination of indigent status is a ministerial act of the clerk and not a decision based on further investigation or the exercise of independent judgment by the clerk. The clerk may contract with third parties to perform functions assigned to the clerk under this section.

(e) The applicant may seek review of the clerk’s determination that the applicant is not indigent in the court having jurisdiction over the matter at the next scheduled hearing. If the applicant seeks review of the clerk’s determination of indigent status, the court shall make a final determination as provided in subsection (4).

(3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.—If the clerk of the court has not made a determination of indigent status at the time a person requests appointment of a public defender, the court shall make a preliminary determination of indigent status, pending further review by the clerk, and may, by court order, appoint a public defender, the office of criminal conflict and civil regional counsel, or private counsel on an interim basis.

(4) REVIEW OF CLERK’S DETERMINATION.—

(a) If the clerk of the court determines that the applicant is not indigent, and the applicant seeks review of the clerk’s determination, the court shall make a final determination of indigent status by reviewing the information provided in the application against the criteria prescribed in subsection (2) and by considering the following additional factors:

1. Whether the applicant has been released on bail in an amount of $5,000 or more.

2. Whether a bond has been posted, the type of bond, and who paid the bond.

3. Whether paying for private counsel in an amount that exceeds the limitations in s. 27.5304, or other due process services creates a substantial hardship for the applicant or the applicant’s family.

4. Any other relevant financial circumstances of the applicant or the applicant’s family.

(b) Based upon its review, the court shall make one of the following determinations and, if the applicant is indigent, shall appoint a public defender, the office of criminal conflict and civil regional counsel, or, if appropriate, private counsel:

1. The applicant is not indigent.

2. The applicant is indigent.

(5) INDIGENT FOR COSTS.—A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court or on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

(a) The person must file a written motion with the court and submit to the court:

1. The completed application prescribed in subsection (1).

2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney’s fees and the source of payment for these fees.

(b) The person shall arrange for service of a copy of the motion and attachments on the Justice Administrative Commission. The commission has standing to appear before the court to contest any motion to declare a person indigent for costs and may participate in a hearing on the motion by use of telephonic or other communication equipment.

(c) If the person did not apply for a determination of indigent status under subsection (1) in the same case and is not already liable for the application fee required under that subsection, he or she becomes liable for payment of the fee upon filing the motion with the court.

(d) In reviewing the motion, the court shall consider:

1. Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application.

2. The extent to which the person’s income equals or exceeds the income criteria prescribed in subsection (2).

3. The additional factors prescribed in subsection (4).

4. Whether the applicant is proceeding pro se.

5. When the applicant retained private counsel.

6. The amount of any attorney’s fees and who is paying the fees. There is a presumption that the applicant is not indigent for costs if the amount of attorney’s fees exceeds $5,000 for a noncapital case or $25,000 for a capital case in which the state is seeking the death penalty. To overcome this presumption, the applicant has the burden to show through clear and convincing evidence that the fees are reasonable based on the nature and complexity of the case. In determining the reasonableness of the fees, the court shall consider the amount that a private court-appointed attorney paid by the state would receive for providing representation for that type of case.

(e) Based upon its review, the court shall make one of the following determinations:

1. The applicant is not indigent for costs.

2. The applicant is indigent for costs.

(f) The provision of due process services based upon a determination that a person is indigent for costs under this subsection must be effectuated pursuant to a court order, a copy of which the clerk shall provide to counsel representing the person, or to the person directly if he or she is proceeding pro se, for use in requesting payment of due process expenses through the Justice Administrative Commission. Private counsel representing a person declared indigent for costs shall execute the Justice Administrative Commission’s contract for counsel representing persons determined to be indigent for costs. Private counsel representing a person declared indigent for costs may not receive state funds, either directly or on behalf of due process providers, unless the attorney has executed the contract required under this paragraph.

(g) Costs shall be reimbursed at the rates established under ss. 27.425 and 27.5305. To receive reimbursement of costs, either directly or on behalf of due process providers, private counsel representing a person declared indigent for costs shall comply with the procedures and requirements under this chapter governing billings by and compensation of private court-appointed counsel.

(h) The court may not appoint an attorney paid by the state based on a finding that the defendant is indigent for costs if the defendant has privately retained and paid counsel.

(i) A defendant who is found guilty of a criminal act by a court or jury or enters a plea of guilty or nolo contendere and who received due process services after being found indigent for costs under this subsection is liable for payment of due process costs expended by the state.

1. The attorney representing the defendant, or the defendant if he or she is proceeding pro se, shall provide an accounting to the court delineating all costs paid or to be paid by the state within 90 days after disposition of the case notwithstanding any appeals.

2. The court shall issue an order determining the amount of all costs paid by the state and any costs for which prepayment was waived under this section or s. 57.081. The clerk shall cause a certified copy of the order to be recorded in the official records of the county, at no cost. The recording constitutes a lien against the person in favor of the state in the county in which the order is recorded. The lien may be enforced in the same manner prescribed in s. 938.29.

3. If the attorney or the pro se defendant fails to provide a complete accounting of costs expended by the state and consequently costs are omitted from the lien, the attorney or pro se defendant may not receive reimbursement or any other form of direct or indirect payment for those costs if the state has not paid the costs. The attorney or pro se defendant shall repay the state for those costs if the state has already paid the costs. The clerk of the court may establish a payment plan under s. 28.246 and may charge the attorney or pro se defendant a one-time administrative processing charge under s. 28.24(27)(c).

(6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent parent or legal guardian of an applicant who is a minor or an adult tax-dependent person shall furnish the minor or adult tax-dependent person with the necessary legal services and costs incident to a delinquency proceeding or, upon transfer of such person for criminal prosecution as an adult pursuant to chapter 985, a criminal prosecution in which the person has a right to legal counsel under the Constitution of the United States or the Constitution of the State of Florida. The failure of a parent or legal guardian to furnish legal services and costs under this section does not bar the appointment of legal counsel pursuant to this section, s. 27.40, or s. 27.5303. When the public defender, the office of criminal conflict and civil regional counsel, a private court-appointed conflict counsel, or a private attorney is appointed to represent a minor or an adult tax-dependent person in any proceeding in circuit court or in a criminal proceeding in any other court, the parents or the legal guardian shall be liable for payment of the fees, charges, and costs of the representation even if the person is a minor being tried as an adult. Liability for the fees, charges, and costs of the representation shall be imposed in the form of a lien against the property of the nonindigent parents or legal guardian of the minor or adult tax-dependent person. The lien is enforceable as provided in s. 27.561 or s. 938.29.

(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—

(a) If the court learns of discrepancies between the application or motion and the actual financial status of the person found to be indigent or indigent for costs, the court shall determine whether the public defender, office of criminal conflict and civil regional counsel, or private attorney shall continue representation or whether the authorization for any other due process services previously authorized shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent or indigent for costs, the court shall order the public defender, office of criminal conflict and civil regional counsel, or private attorney to discontinue representation and revoke the provision of any other authorized due process services.

(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the applicable state attorney. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.

(c) A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 3, ch. 63-409; s. 1, ch. 70-57; s. 4, ch. 73-334; s. 1, ch. 77-99; s. 1, ch. 77-378; s. 8, ch. 79-164; s. 3, ch. 80-376; s. 1, ch. 81-273; s. 139, ch. 95-147; s. 1, ch. 96-232; s. 4, ch. 97-107; s. 28, ch. 97-271; s. 6, ch. 98-280; s. 3, ch. 2001-122; s. 16, ch. 2003-402; s. 9, ch. 2004-265; s. 3, ch. 2005-236; s. 6, ch. 2007-62; s. 4, ch. 2008-111; s. 8, ch. 2010-162; s. 31, ch. 2012-30; s. 1, ch. 2012-100; s. 3, ch. 2012-123; s. 5, ch. 2019-58; s. 4, ch. 2020-2; s. 14, ch. 2021-116; s. 1, ch. 2024-153.

¹Note.—As amended by s. 3, ch. 2012-123. The amendment by s. 1, ch. 2012-100, used the words “completed by the clerk” instead of the word “conducted.”

F.S. 27.52 on Google Scholar

F.S. 27.52 on CourtListener

Amendments to 27.52

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 27.52

Level: Degree
Misdemeanor/Felony: First/Second/Third

S27.52 7c - FRAUD-FALSE STATEMENT - FALSE INFO TO DETERMINE CRIMINAL INDIGENCY - M: F

Cases Citing Statute 27.52

Total Results: 106

Jenkins v. State

444 So. 2d 947

Supreme Court of Florida | Filed: Jan 19, 1984 | Docket: 1510651

Cited 131 times | Published

Section 939.05. The finding of indigency under Section 27.52 is not applicable to the costs imposed by Sections

Smith v. State

699 So. 2d 629, 1997 WL 365536

Supreme Court of Florida | Filed: Jul 3, 1997 | Docket: 1321162

Cited 45 times | Published

no demonstration of indigence as required by section 27.52, Florida Statutes (1989), for the presiding

Enrique v. State

408 So. 2d 635

District Court of Appeal of Florida | Filed: Dec 22, 1981 | Docket: 1449023

Cited 18 times | Published

guidelines for determining indigency found in Section 27.52(2), Florida Statutes (1979), and even shorter

Alexis v. State

211 So. 3d 81, 2017 Fla. App. LEXIS 483

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60262696

Cited 16 times | Published

defender must pay a $50 application fee to the clerk. § 27.52(l)(b), Fla. Stat. (2015).1 Payments of attorney’s

Everett v. State

54 So. 3d 464, 2010 WL 4007643

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

Cited 14 times | Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

Mills v. State

177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808

District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258

Cited 9 times | Published

separate statutory impositions. First, under section 27.52(l)(b), Florida Statutes (2010),2 indigent convicts

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

inconsistent with the guidelines established by section 27.52, Florida Statutes (1979). The accused shall

GLD v. State

442 So. 2d 401

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 1515914

Cited 9 times | Published

R.M.P. v. Jones, 419 So.2d 618 (Fla. 1982). Section 27.52(2)(d), Florida Statutes (1981), provides in

GLD v. State

442 So. 2d 401

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 1515914

Cited 9 times | Published

R.M.P. v. Jones, 419 So.2d 618 (Fla. 1982). Section 27.52(2)(d), Florida Statutes (1981), provides in

Jenkins v. State

422 So. 2d 1007

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 1479308

Cited 9 times | Published

is not apparent that these are inconsistent. Section 27.52, Florida Statutes (1981), establishes the criteria

Schmidt v. McDonough

951 So. 2d 797, 2006 WL 3740999

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1280720

Cited 8 times | Published

§§ 27.52(1), 57.082(1), Fla. Stat. (2005). Section 27.52(1) contains an additional provision 5: "If applicable

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

determination *538 of indigency pursuant to section 27.52, Florida Statutes (2009). We decline to delete

Donton v. State

1 So. 3d 1092, 2009 Fla. App. LEXIS 80, 2009 WL 36445

District Court of Appeal of Florida | Filed: Jan 8, 2009 | Docket: 1653439

Cited 7 times | Published

fee imposed as a civil judgment" pursuant to section 27.52(1)(b), Florida Statutes (2005), which amount

Behr v. Gardner

442 So. 2d 980

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

Cited 7 times | Published

arrest for, or is charged with, a felony; ... . Section 27.52(2)(a), Florida Statutes (1981), states: A person

Morgano v. State

439 So. 2d 924

District Court of Appeal of Florida | Filed: Oct 7, 1983 | Docket: 1265954

Cited 6 times | Published

substantial evidence and was made in compliance with section 27.52, Florida Statutes (1981), which outlines the

State Ex Rel. Alton v. Conkling

421 So. 2d 1108

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 1373005

Cited 6 times | Published

court shall appoint counsel for him pursuant to § 27.52 and § 27.56. If a child appears without counsel

Slater v. State

356 So. 2d 69

District Court of Appeal of Florida | Filed: Mar 16, 1978 | Docket: 130294

Cited 6 times | Published

rebutting that presumption by constant proof. (F.S. 27.52(2)(a)) The record does not reveal that appellant

In Re Amendments to the Florida Rules of Appellate Procedure

2 So. 3d 89, 33 Fla. L. Weekly Supp. 908, 2008 Fla. LEXIS 2089, 2008 WL 4876766

Supreme Court of Florida | Filed: Nov 13, 2008 | Docket: 1644022

Cited 5 times | Published

amended to comply with statutory amendments to section 27.52, Florida Statutes, the legislature’s enactment

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

In Re Amend. to Fla. Rules of Crim. Proc.

820 So. 2d 185, 2002 WL 243084

Supreme Court of Florida | Filed: Feb 21, 2002 | Docket: 1715663

Cited 5 times | Published

Defender is appointed in every criminal case. See § 27.52(1)(d), Fla. Stat. (1999) ("If the court finds that

Vera v. State

689 So. 2d 389, 1997 WL 78498

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1739482

Cited 5 times | Published

which the jury found him guilty as charged. Section 27.52, Florida Statutes (1993), provides, in pertinent

DiBartolomeo v. State

450 So. 2d 925

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 1433317

Cited 5 times | Published

for review denied, 418 So.2d 1280 (Fla. 1982); § 27.52(2)(c), Fla. Stat. (1983). The record in this case

Siplen v. State

473 So. 2d 793, 10 Fla. L. Weekly 1900

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 451566

Cited 4 times | Published

presumption that he was not indigent pursuant to section 27.52, Florida Statutes (1983), which provides, in

Brown v. State

427 So. 2d 271

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1151614

Cited 3 times | Published

appointed the public defender to represent him. § 27.52, Fla. Stat. (1981).[1] After a jury trial, Brown

Dabel v. State

79 So. 3d 873, 2012 WL 385482, 2012 Fla. App. LEXIS 1775

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305395

Cited 2 times | Published

however, falls under a different statute, section 27.52(l)(b), which states, “An applicant shall pay

Mahone v. State

39 So. 3d 1278, 2010 Fla. App. LEXIS 10684, 2010 WL 2867004

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1656287

Cited 2 times | Published

reflect whether Mahone filed such an application. Section 27.52(1), Florida Statutes, requires that “a person

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

without substantial hardship to his or her family." § 27.52(2)(b)2, Fla. Stat. (2003). The determination of

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

not indigent." § 27.51(2), Fla. Stat (2003). Section 27.52 defines indigent, for the purposes of this section

Martin v. State

711 So. 2d 117, 1998 WL 204811

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605

Cited 2 times | Published

the denial of court appointed counsel under section 27.52, Florida Statutes (1997). Defendant has personally

Ogden v. State

666 So. 2d 239, 1996 WL 1166

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 2560158

Cited 2 times | Published

statutory presumption of solvency explained in section 27.52, Florida Statutes (1993). Therefore, we conclude

Miller v. State

485 So. 2d 1346, 11 Fla. L. Weekly 738

District Court of Appeal of Florida | Filed: Mar 27, 1986 | Docket: 1276347

Cited 2 times | Published

which discusses the relevant factors under section 27.52, Florida Statutes (1983), required to be considered

Carmichael v. State

192 So. 3d 640, 2016 WL 3030837, 2016 Fla. App. LEXIS 8144

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255375

Cited 1 times | Published

minimum public defender lien per felony case); § 27.52(1)(b), Fla. Stat. (2014) (mandating a $50 application

John v. Department of Corrections

124 So. 3d 381, 2013 WL 5744428, 2013 Fla. App. LEXIS 16902

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235469

Cited 1 times | Published

application for criminal indigent status under section 27.52, Florida Statutes (striking out the word “criminal”

In re Approval of Application for Determination of Indigent Status Form for Use by Clerks & Amendment to Florida Rule of Criminal Procedure 3.984

5 So. 3d 662, 34 Fla. L. Weekly Supp. 274, 2009 Fla. LEXIS 404, 2009 WL 702927

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 60297203

Cited 1 times | Published

Corporation with final approval by the Supreme Court.” § 27.52(1), Fla. Stat. (2008); § 57.082(1), Fla. Stat.

In Re Approval of Indigent Status Forms

910 So. 2d 194, 2005 WL 1530359

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 1744614

Cited 1 times | Published

1(a). In response to 2004 legislation amending section 27.52(1), Florida Statutes (2004), the Court previously

Ramirez v. State

779 So. 2d 364, 2000 WL 491994

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 420350

Cited 1 times | Published

proceedings are governed by section 27.52, Florida Statutes (1997). Section 27.52(2)(b) provides that an accused

Hemesath v. State

732 So. 2d 496, 1999 Fla. App. LEXIS 6822, 1999 WL 332710

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 64788228

Cited 1 times | Published

had not timely filed a financial affidavit, see § 27.52(l)(f), Fla. Stat. (1997), and immediately went

Amendment to Florida Rule of Criminal Procedure 3.111(d)(2)-(3)

719 So. 2d 873, 23 Fla. L. Weekly Supp. 391, 1998 Fla. LEXIS 1333, 1998 WL 394166

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64783805

Cited 1 times | Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

Pittman v. State

488 So. 2d 143, 11 Fla. L. Weekly 1070

District Court of Appeal of Florida | Filed: May 8, 1986 | Docket: 2562117

Cited 1 times | Published

inquiring into the circumstances set forth in section 27.52(2)(c), Florida Statutes (1985). See Siplen v

G.L.D. v. State

442 So. 2d 401, 1983 Fla. App. LEXIS 25147

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 64601545

Cited 1 times | Published

R.M.P. v. Jones, 419 So.2d 618 (Fla.1982). Section 27.52(2)(d), Florida Statutes (1981), provides in

Thor Harold Bahrman v. State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699994

Published

assessed in each case for this application fee. See § 27.52(1)(b), Fla. Stat. (2024) (“An applicant shall pay

In Re: Amendments to Florida Rules of Criminal Procedure 3.220, 3.851, and 3.853

Supreme Court of Florida | Filed: Apr 10, 2025 | Docket: 69870745

Published

determination of indigency pursuant tounder section 27.52, Florida Statutes. (5) The court

Aiden Sean Fucci v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2025 | Docket: 69689756

Published

amount of the public defender application fee. Section 27.52(1)(b), Florida Statutes, specifies that there

Tarek Mneimne v. State of Florida

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660265

Published

of the statutory amount of $50 pursuant to section 27.52(1)(b), Florida Statutes. See Alexis v. State

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

Public Defender application fee, under section 27.52, Florida Statutes; .....

Jevaris N. Dortch v. State of Florida

District Court of Appeal of Florida | Filed: Oct 25, 2024 | Docket: 69309863

Published

(1967). for the reduction of that fee to $50. See § 27.52(1)(b), Fla. Stat. (2023); Einsmann v. State, 293

Jamin Ryan Ford v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490764

Published

Justice Administrative Commission (“JAC”). See § 27.52(5)(f), Fla. Stat. (2022) (“Private counsel representing

Bookertee Hartfield v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290542

Published

of the assessed application fee under [section] 27.52 and attorney’s fees and costs. Attorney’s

L.G., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635732

Published

written consideration of the factors pursuant to section 27.52(4), Florida Statutes, this Court cannot properly

In Re: Amendments to the Florida Rules of Juvenile Procedure - Form 8.933

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698369

Published

the Public Defender in this cause pursuant to section 27.52, Florida Statutes, it is ORDERED AND

ROGER MOORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642919

Published

nos. 19-CF-562 and 19-CF-585, respectively. See § 27.52(1)(b), Fla. Stat. (2019) (“An applicant shall pay

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

public defender. Id. at 7; see generally Fla. Stat. § 27.52(1)(b).

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

public defender. Id. at 7; see generally Fla. Stat. § 27.52(1)(b).

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2020 | Docket: 16861481

Published

qualify for a public defender. See Fla. Stat. § 27.52(1)(a); cf. Fla. Housing Fin. Corp. R. 67- 21.002(70)

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761642

Published

was ordered to pay certain costs and fees.”); § 27.52(1)(b)1., Fla. Stat. (2019) (authorizing the court

Phoebe Flanagan v. State of Florida

267 So. 3d 1076

District Court of Appeal of Florida | Filed: Mar 18, 2019 | Docket: 14731012

Published

income, and since net income is defined in section 27.52(1)(a)1. as “consisting of total salary and wages

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

the Public Defender application fee, under section 27.52, Florida Statutes; ..... pay $ .......

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

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

JULIANNE M. HOLT, P.D. v. MICHAEL EDWARD KEETLEY & STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225312

Published

Keetley declared indigent for costs pursuant to section 27.52(5), Florida Statutes (2014).1 The trial court

Holt v. Keetley

250 So. 3d 206

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 64683862

Published

Keetley declared indigent for costs pursuant to section 27.52(5), Florida Statutes (2014).1 The trial court

Odhiambo v. State

District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6075644

Published

if necessary, seek review in this court. See § 27.52(4), Fla. Stat. (2016); Fla. R. App. P. 9.430(a)

J.J.P. v. State

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071532

Published

court ordered him to pay the cost pursuant to section 27.52(6), Florida Statutes (2015), which does not

J.J.P. v. State

219 So. 3d 1007, 2017 WL 2491569, 2017 Fla. App. LEXIS 8478

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 60266323

Published

court ordered him to pay the cost pursuant to section 27.52(6), Florida Statutes (2015), which does not

Charles D. Patten v. State

204 So. 3d 977, 2016 Fla. App. LEXIS 17886

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550621

Published

29.006 and 29.007, funded by the state. § 27.52(5), Fla. Stat. (2016). Accordingly, a criminal

Jachimski v. State

162 So. 3d 302, 2015 Fla. App. LEXIS 4020, 2015 WL 1259615

District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60247476

Published

of Appellate Filing Fee” in accordance with section 27.52(5), Florida Statutes (2012), along with the

Kevin Watkins v. State of Florida

159 So. 3d 323

District Court of Appeal of Florida | Filed: Mar 8, 2015 | Docket: 2640010

Published

and ROBERTS, JJ., concur. 1 . Section 27.52(5), Florida Statutes, which addresses being

McAdams v. State

137 So. 3d 401, 2014 WL 768796, 2014 Fla. App. LEXIS 2516

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60240303

Published

appointment of counsel was an “unauthorized by section 27.52, Florida Statutes (1989), and was thus a nullity

In re Amendments to the Florida Rules of Juvenile Procedure

123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

the Public Defender application fee, under section 27.52, Florida Statutes; . pay $. the Public Defender

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

the Public Defender application fee, under section 27.52. Florida Statutes: . pav $.the Public Defender

Doe v. State

67 So. 3d 350, 2011 Fla. App. LEXIS 11078, 2011 WL 2732582

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2585490

Published

the Indigent Criminal Defense Fee pursuant to section 27.52, Florida Statutes (2009)once in the amount

In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 60296528

Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

LaTorre v. State

23 So. 3d 1265, 2009 Fla. App. LEXIS 20394, 2009 WL 5125092

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60281979

Published

LaTorre was not indigent and denied his motion. Section 27.52(3), Florida Statutes (2008), provides: APPOINTMENT

Holland v. State

27 So. 3d 103, 2009 Fla. App. LEXIS 20371, 2009 WL 5125450

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60288078

Published

and a $40 Indigent Criminal Defense Fee under section 27.52, Florida Statutes (2007). The circuit court

Mansfield v. State

16 So. 3d 302, 2009 Fla. App. LEXIS 12664, 34 Fla. L. Weekly Fed. D 1763

District Court of Appeal of Florida | Filed: Aug 27, 2009 | Docket: 1124626

Published

considering each of the factors articulated in section 27.52 in order to achieve "as complete a financial

Soeldner v. State

941 So. 2d 1232, 2006 Fla. App. LEXIS 19300, 2006 WL 3327588

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64847823

Published

of $40 in each of the four cases. See generally § 27.52(2)(a), Fla. Stat. (2004). In the rule 3.800(b)(2)

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

not indigent.” § 27.51(2), Fla. Stat. (2003). Section 27.52 defines indigent as a person who “is unable

Ago

Florida Attorney General Reports | Filed: Aug 23, 2005 | Docket: 3255269

Published

Indigent Criminal Defense Trust Fund under section 27.52, Florida Statutes? You state that the Office

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

2.130(e). In response to recent changes to section 27.52, Florida Statutes,1 the Committee proposes amendments

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

985.203(2), ■ Fla. Stat. (2004). Pursuant to section 27.52(6): A nonindigent parent or legal guardian of

In re Approval of Form for Use by Clerks of the Circuit Courts Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

877 So. 2d 720, 29 Fla. L. Weekly Supp. 303, 2004 Fla. LEXIS 952, 2004 WL 1348627

Supreme Court of Florida | Filed: Jun 17, 2004 | Docket: 64831823

Published

PER CURIAM. In 2004, the Legislature amended section 27.52, Florida Statutes, Determination of Indigence

Amendments to the Florida Rules of Criminal Procedure

837 So. 2d 924, 27 Fla. L. Weekly Supp. 1011, 2002 Fla. LEXIS 2580, 2002 WL 31718857

Supreme Court of Florida | Filed: Dec 5, 2002 | Docket: 64820841

Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

Ago

Florida Attorney General Reports | Filed: May 28, 2002 | Docket: 3256526

Published

the statutory priority assignment provided in section 27.52(1)(d), Florida Statutes, apply when the fee

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

the Public Defender in this cause pursuant to Section 27.52, Florida Statutes, it is ORDERED AND ADJUDGED

Amendments to the Rules Regulating the Florida Bar

763 So. 2d 1002, 25 Fla. L. Weekly Supp. 217, 2000 Fla. LEXIS 628, 2000 WL 300497

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 64799175

Published

indigency to conform to recent amendments to section 27.52, Florida Statutes (1999). RULE 14-5.3 (FEE ARBITRATION

Amendments to the Rules Regulating the Florida Bar

763 So. 2d 1002, 25 Fla. L. Weekly Supp. 217, 2000 Fla. LEXIS 628, 2000 WL 300497

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 64799175

Published

indigency to conform to recent amendments to section 27.52, Florida Statutes (1999). RULE 14-5.3 (FEE ARBITRATION

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

currently employed is contrary to the provisions of section 27.52(l)(a), Florida Statutes (1997), and Florida

Russo v. Ende

682 So. 2d 696, 1996 Fla. App. LEXIS 11738, 1996 WL 648722

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 64768771

Published

affidavit setting out the matters referenced in section 27.52, Florida Statutes, is required as a predicate

ZF v. State

683 So. 2d 1084, 1996 WL 629805

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

Published

dismissing this appeal, we should decide whether section 27.52(2)(d), Florida Statutes binds the parents to

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

dismissing this appeal, we should decide whether section 27.52(2)(d), Florida Statutes binds the parents to

Ago

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

Published

is determined to be indigent as provided in section 27.52, Florida Statutes, and who is: (a) Under arrest

Vannier v. Burk

651 So. 2d 789, 1995 Fla. App. LEXIS 2272, 1995 WL 92612

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64754872

Published

purpose of appointment of counsel is governed by section 27.52, Florida Statutes (1993), and Rule 3.111, Florida

State v. D.V.S.

617 So. 2d 1162, 1993 Fla. App. LEXIS 5540, 1993 WL 167699

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 64696140

Published

court shall appoint counsel for him pursuant to section 27.52, and that the determination of indigency shall

Tundidor v. Ferro

588 So. 2d 682, 1991 Fla. App. LEXIS 11176, 1991 WL 232274

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64662802

Published

to pay his attorney’s fees. This was error. Section 27.52(3), Florida Statutes (1989), states that a judge

Dickens v. State

585 So. 2d 1102, 1991 Fla. App. LEXIS 8902, 1991 WL 174670

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 64661592

Published

appellant was not indigent within the meaning of section 27.52, Florida Statutes (1989). He seeks review of

McDonnell v. Hasse

553 So. 2d 717, 14 Fla. L. Weekly 2831, 1989 Fla. App. LEXIS 6854, 1989 WL 147953

District Court of Appeal of Florida | Filed: Dec 6, 1989 | Docket: 64646941

Published

court, that the county may proceed, pursuant to section 27.52(3), Florida Statutes (1987), directly against

Smith v. State

546 So. 2d 61, 14 Fla. L. Weekly 1571, 1989 Fla. App. LEXIS 3707, 1989 WL 72738

District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 64643580

Published

to make a determination of indigency under Section 27.52, Florida Statutes (1987), unless an accused

Osceola County v. Otte

530 So. 2d 478, 13 Fla. L. Weekly 2054, 1988 Fla. App. LEXIS 3832, 1988 WL 89742

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636725

Published

through the public defender system. Although section 27.52, Florida Statutes (1987), states that a determination

Graham v. Adams

493 So. 2d 103, 11 Fla. L. Weekly 1935, 1986 Fla. App. LEXIS 9602

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 64621261

Published

all of the statutory criteria contained in section 27.52, Florida Statutes (1985) were not considered

State v. Brown

452 So. 2d 931, 1984 Fla. LEXIS 3140

Supreme Court of Florida | Filed: Jun 28, 1984 | Docket: 64605868

Published

importance: DOES AN ADJUDICATION OF INDI-GENCY UNDER SECTION 27.52, FLORIDA STATUTES (1981), AUTOMATICALLY BAR

Arnold v. State

451 So. 2d 884, 1984 Fla. App. LEXIS 13774

District Court of Appeal of Florida | Filed: May 17, 1984 | Docket: 64605443

Published

released on bail in an amount exceeding $5,000.00. § 27.52(2)(b), Fla.Stat. (1983). Under these circumstances

Holmes v. State

448 So. 2d 1070, 1984 Fla. App. LEXIS 12386

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 64604294

Published

triggered the presumption of solvency under section 27.52(2)(b)3, Florida Statutes (1981). The state noted

Gregory v. State

405 So. 2d 785, 1981 Fla. App. LEXIS 21601

District Court of Appeal of Florida | Filed: Nov 12, 1981 | Docket: 64585999

Published

involves a determination of insolvency pursuant to Section 27.52, Florida Statutes (1979). The trial court applied

Florida Bar

389 So. 2d 610, 1980 Fla. LEXIS 4378

Supreme Court of Florida | Filed: Jul 18, 1980 | Docket: 64578555

Published

inconsistent with the guidelines established by section 27.52, Florida Statutes (1979). The accused shall

Florida Bar

345 So. 2d 655, 1977 Fla. LEXIS 4095

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421

Published

the Public Defender in this cause pursuant to F.S. 27.52, it is

City of Orlando v. Cameron

264 So. 2d 421, 1972 Fla. LEXIS 3559

Supreme Court of Florida | Filed: Jul 5, 1972 | Docket: 64526851

Published

to prove his indigency to the Court. Fla.Stat. § 27.52, F.S.A., describes the procedure for the determination