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Florida Statute 27.54 - Full Text and Legal Analysis
Florida Statute 27.54 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
27.54 Limitation on payment of expenditures other than by the state.
(1) All payments for the salary of the public defender and the criminal conflict and civil regional counsel and for the necessary expenses of office, including salaries of assistants and staff, shall be considered as being for a valid public purpose. Travel expenses shall be paid in accordance with the provisions of s. 112.061.
(2) A county or municipality may contract with, or appropriate or contribute funds to, the operation of the offices of the various public defenders and regional counsels as provided in this subsection. A public defender or regional counsel defending violations of special laws or county or municipal ordinances punishable by incarceration and not ancillary to a state charge shall contract with counties and municipalities to recover the full cost of services rendered on an hourly basis or reimburse the state for the full cost of assigning one or more full-time equivalent attorney positions to work on behalf of the county or municipality. Notwithstanding any other provision of law, in the case of a county with a population of less than 75,000, the public defender or regional counsel shall contract for full reimbursement, or for reimbursement as the parties otherwise agree. In local ordinance violation cases, the county or municipality shall pay for due process services that are approved by the court, including deposition costs, deposition transcript costs, investigative costs, witness fees, expert witness costs, and interpreter costs. The person charged with the violation shall be assessed a fee for the services of a public defender or regional counsel and other costs and fees paid by the county or municipality, which assessed fee may be reduced to a lien, in all instances in which the person enters a plea of guilty or no contest or is found to be in violation or guilty of any count or lesser included offense of the charge or companion case charges, regardless of adjudication. The court shall determine the amount of the obligation. The county or municipality may recover assessed fees through collections court or as otherwise permitted by law, and any fees recovered pursuant to this section shall be forwarded to the applicable county or municipality as reimbursement.
(a) A contract for reimbursement on an hourly basis shall require a county or municipality to reimburse the public defender or regional counsel for services rendered at a rate of $50 per hour. If an hourly rate is specified in the General Appropriations Act, that rate shall control.
(b) A contract for assigning one or more full-time equivalent attorney positions to perform work on behalf of the county or municipality shall assign one or more full-time equivalent positions based on estimates by the public defender or regional counsel of the number of hours required to handle the projected workload. The full cost of each full-time equivalent attorney position on an annual basis shall be $50, or the amount specified in the General Appropriations Act, multiplied by the legislative budget request standard for available work hours for one full-time equivalent attorney position, or, in the absence of that standard, 1,854 hours. The contract may provide for funding full-time equivalent positions in one-quarter increments.
(c) Any payments received pursuant to this subsection shall be deposited into the Grants and Donations Trust Fund of the applicable public defender or criminal conflict and civil regional counsel for appropriation by the Legislature.
(3) No public defender, assistant public defender, regional counsel, or assistant regional counsel shall receive from any county or municipality any supplemental salary, except as provided in this section.
(4) Unless expressly authorized by law or in the General Appropriations Act, public defenders and regional counsel are prohibited from spending state-appropriated funds on county funding obligations under s. 14, Art. V of the State Constitution. This includes expenditures on communications services and facilities as defined in s. 29.008. This does not prohibit a public defender from spending funds for these purposes in exceptional circumstances when necessary to maintain operational continuity in the form of a short-term advance pending reimbursement from the county. If a public defender or regional counsel provides short-term advance funding for a county responsibility as authorized by this subsection, the public defender or regional counsel shall request full reimbursement from the board of county commissioners prior to making the expenditure or at the next meeting of the board of county commissioners after the expenditure is made. The total of all short-term advances authorized by this subsection shall not exceed 2 percent of the public defender’s or regional counsel’s approved operating budget in any given year. No short-term advances authorized by this subsection shall be permitted until all reimbursements arising from advance funding in the prior state fiscal year have been received by the public defender or regional counsel. All reimbursement payments received by the public defender or regional counsel shall be deposited into the General Revenue Fund. Notwithstanding the provisions of this subsection, the public defender or regional counsel may expend funds for the purchase of computer systems, including associated hardware and software, and for personnel related to this function.
History.s. 5, ch. 63-409; s. 3, ch. 67-539; s. 4, ch. 72-327; s. 2, ch. 72-722; s. 3, ch. 73-216; s. 6, ch. 80-376; s. 4, ch. 85-213; s. 4, ch. 88-280; s. 1, ch. 89-118; s. 2, ch. 91-303; s. 140, ch. 92-279; s. 55, ch. 92-326; s. 141, ch. 95-147; s. 21, ch. 2003-402; s. 12, ch. 2004-265; s. 5, ch. 2005-236; s. 12, ch. 2007-62; s. 6, ch. 2019-3; s. 2, ch. 2024-153.

F.S. 27.54 on Google Scholar

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Amendments to 27.54


Annotations, Discussions, Cases:

Cases Citing Statute 27.54

Total Results: 15  |  Sort by: Relevance  |  Newest First

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In Re Order on Prosecution of Cr. App., 561 So. 2d 1130 (Fla. 1990).

Cited 57 times | Published | Supreme Court of Florida

...should in no way be affiliated with the public defender's office. Therefore, payment by the counties of court-appointed private counsel in conflict cases does not constitute a contribution to the public defender's office, and does not contravene subsection 27.54(2)....
...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 expenses incurred in cases on appeal." [5] Section 27.54, Florida Statutes (1989), provides in pertinent part: (2) No county or municipality shall appropriate or contribute funds to the operation of the offices of the various public defenders, except that a county or municipality may appropri...
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Shuman v. State, 358 So. 2d 1333 (Fla. 1978).

Cited 28 times | Published | Supreme Court of Florida

...an indigent criminal defendant's transcript on appeal shall be assessed against the county in which the case arises. Respondent, on the other hand, argues that counties are specifically prohibited from paying for the transcripts in question, citing Section 27.54(2), Florida Statutes (1975), which provides: No county or municipality shall appropriate or contribute funds to the operation of the offices of the various public defenders....
...luntary hospitalization, 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....
...than any one part thereof. Florida Jai Alai, Inc. v. Lake Howell Water & Reclamation District, 274 So.2d 552 (Fla. 1973); State v. Hayles, 240 So.2d 1 (Fla. 1970); Englewood Water District v. Tate, 334 So.2d 626 (Fla. 2d DCA 1976). An examination of Section 27.54 in its entirety reflects that the enactment relates solely to operation expenses of the public defenders' offices, such as for employment of personnel and travel expenses....
...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. Were respondent correct in its assertion concerning the operation of Section 27.54(2) counties would be precluded from paying the transcript costs of an indigent criminal defendant under Rule 6.8....
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Cade v. State, 658 So. 2d 550 (Fla. 5th DCA 1995).

Cited 25 times | Published | Florida 5th District Court of Appeal | 1995 WL 326107

...— In a criminal case when the state or an indigent defendant requires the services of an expert witness whose opinion is relevant to the issues of the case, the court shall award reasonable compensation to the expert witness that shall be taxed and paid by the county as costs in the same manner as other costs. Section 27.54(3), Florida Statutes (1991), further provides in pertinent part: The public defender's offices shall also be provided with pretrial consultation fees for expert or other potential witnesses consulted before trial by the public defender ......
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Dade Cnty. v. Baker, 362 So. 2d 151 (Fla. 3d DCA 1978).

Cited 5 times | Published | Florida 3rd District Court of Appeal

...ees of the special assistant public defender. The Constitution of the State of Florida and the statutes enacted pursuant thereto provide for a state-controlled and a state-financed judicial system. See Article V, Section 1, Florida Constitution; and Section 27.54, Florida Statutes (1977). Especially noted is Section 27.54(2), Florida Statutes (1977), which provides: "No county or municipality shall appropriate or contribute funds to the operation of the offices of the various public defenders." The County has appropriated money to pay for special assista...
...d judicial system apart from any county funding. Generally, that is an accurate statement and I certainly agree that Dade County has standing to bring this petition. The statement, however, is subject to important exceptions which are relevant here. Section 27.54(3), Florida Statutes (1977), requires the counties to support the offices of the various public defenders with office space, utilities, telephone service and custodial services at a certain minimum level of funding....
...The office space and utilities to be provided by the counties shall not be less than the standards for space allotment promulgated by the department of general services. The counties shall not provide less of these services than were provided in fiscal year 1972-1973." § 27.54(3), Fla....
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City of Ft. Lauderdale v. Crowder, 983 So. 2d 37 (Fla. 4th DCA 2008).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 1883899

...charged with a misdemeanor authorized for prosecution by the state attorney . . . 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. Stat. (2007). Section 27.54 further provides: "A public defender or regional counsel defending violations of ....
...with . . . municipalities to recover the full cost of services rendered on an hourly basis or reimburse the state for the full cost of assigning one or more full-time equivalent attorney positions to work on behalf of the . . . municipality." [e.s.] § 27.54(2), Fla....
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Brown v. State, 682 So. 2d 667 (Fla. 4th DCA 1996).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 637648

...ht probation. Poore v. State, 531 So.2d 161, 164 (Fla.1988). Whichever option the trial court chooses, under Blackshear, the sentence imposed on remand may not exceed fifteen years of incarceration followed by twenty-five years of probation. Second, section 27.54, Florida Statutes, allows the trial court to assess attorney's fees and costs against a defendant who has been determined to be guilty....
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Martin v. State, 711 So. 2d 117 (Fla. 4th DCA 1998).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1998 WL 204811

...ings below and in this court. He argues that section 27.52 creates no role for a county in indigency proceedings. He concedes, however, that Palm Beach County has a financial interest because if he is indigent it must pay for a trial transcript. See § 27.54(3), Fla....
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Ago (Fla. Att'y Gen. 1986).

Published | Florida Attorney General Reports

reference to county payment of such costs. Section 27.54, F.S., provides: Expenditures for public defender's
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Lee Cnty. v. Eaton, 642 So. 2d 1126 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 9002, 1994 WL 510845

...5th DCA 1983), is misplaced. That ease involves the cost of transcripts for an indigent defendant’s criminal appeal. Such costs incurred by the public defender’s office are governed by statutes and rules that are not applicable to a typical civil case. See § 27.54(3), Fla.Stat....
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Morris v. State, 742 So. 2d 429 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 12297, 1999 WL 770679

...the payment of all of the experts except one. The Academy Group served the defense as a “profiler.” The Academy Group submitted a bill for fourteen and one-half hours at $250 per hour. The county attorney, exercising the county’s rights under section 27.54(3), Florida Statutes (1995), asked for a hearing to oppose the reasonableness of the fee....
...a category covering this “profi-ler.” Florida law and the Florida Rules of Criminal Procedure require the counties to *430 pay for the costs of expert witnesses for indigent defendants. See Fla. R.Crim. P. 3.220(o); § 914.06, Fla. Stat. (1995); § 27.54(3), Fla. Stat. (1995). The public defender must show that the fee is “reasonable” and “necessary.” Section 27.54(3) gives the county the right to contest the reasonableness of the fee....
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Batson v. State, 700 So. 2d 1244 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12015, 1997 WL 661416

...the county commissioners of the certified copy of the judgment of the court against such county for such costs. However this section does not apply to indigent defendants- represented by the public defender. In such cases, costs incurred pursuant to s. 27.54(3) shall be paid by the county upon certification by the public defender as being useful and necessary in the preparation of a criminal defense, provided that the reasonableness of such expenses may be contested by the county in the criminal proceeding....
...r appointed, not based on a judgment but based “upon certification by the public defender.” It appears that the intent of the 1989 amendment adding the last two sentences to section 939.15 was to make clear that the types of costs referred to in section 27.54(3), Florida Statutes, i.e....
...travel expenses, expert witness consulting fees, investigative costs, et. cetera, are to be certified by the person who incurred the charges and who is knowledgeable about them — the public defender. Comparing this amendment with the contemporary amendment to section 27.54 to like effect demonstrates that the legislative intent was to replace the procedure set forth in the earlier version of section 27.54, Florida Statutes (1987) (which required a “judgment” of the trial court) with the public defender certification procedure referenced in the 1989 versions of section 27.54 and 939.15....
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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

court succinctly stated: An examination of Section 27.54 in its entirety reflects that the enactment
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Cnty. of Seminole v. Padilla, 470 So. 2d 28 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 13939, 10 Fla. L. Weekly 1178

...motion. On appeal, the county frames the issue: Whether Seminole County is required or permitted to pay travel expenses of assistant public defenders travelling on official business relating to the defense of a criminal case. The County relies upon section 27.54(2), Florida Statutes (1984), which prohibits the County from contributing funds to “the operation of the offices of the various public defenders.......
...for the year.” The section further provides, in subsection (e), that included among such operational expenses are travel expenses of state attorneys and assistant state attorneys. Additionally, in section 27.34(1), there is a provision parallel to section 27.54(2) for state attorneys that “no county or municipality shall appropriate or contribute funds to the operation of the various state attorneys.” The attorney general also noted that, although case law has not addressed the specific qu...
...State, 317 So.2d 792 (Fla.1st DCA 1975). Additionally, in dicta, the Florida Supreme Court in the case of Shuman v. State, 358 So.2d 1333 (Fla.1978), in discussing whether the costs of appellate transcripts should be borne by a county, stated: ... An examination of section 27.54 in its entirety reflects that the enactment relates solely to operation expenses of the public defender’s offices, such as for employment of personnel and travel expenses....
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Louis v. State, 667 So. 2d 851 (Fla. 2d DCA 1996).

Published | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 214, 1996 WL 13788

consultation fee of an expert witness pursuant to section 27.54(3), Florida Statutes (1993).1 The court denied
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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

"operation" of the public defender's office. Section 27.54(2). Another provision, however, states that

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