The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.54

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 counsel 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 within the Justice Administrative Commission 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.

F.S. 27.54 on Google Scholar

F.S. 27.54 on Casetext

Amendments to 27.54

Arrestable Offenses / Crimes under Fla. Stat. 27.54

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.54.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. ACRES OF LAND, MORE OR LESS, LOCATED IN SAN DIEGO COUNTY, CALIFORNIA, 683 F.3d 1030 (9th Cir. 2012)

. . . United States’ condemnation extinguished California’s public trust on the entire parcel, and that the 27.54 . . . condemnation of the Property extinguished California’s public trust in the entire parcel, that the 27.54 . . .

GRAY, a L. v. BOSTIC, AL,, 625 F.3d 692 (11th Cir. 2010)

. . . establish that the following claimed expenses are directly related to the prosecution of this action: $27.54 . . .

CITY OF FORT LAUDERDALE, v. CROWDER,, 983 So. 2d 37 (Fla. Dist. Ct. App. 2008)

. . . public defender contracts with the county or municipality to provide representation pursuant to ss. 27.54 . . . Section 27.54 further provides: “A public defender or regional counsel defending violations of ... municipal . . . [e.s.] § 27.54(2), Fla. Stat. (2007). . . .

In D. CARLTON S., 362 B.R. 402 (Bankr. C.D. Ill. 2007)

. . . If the line 47 amount of $443.46 for the Civic had been used, an additional deduction of $27.54 would . . .

MORRIS, v. STATE, 742 So. 2d 429 (Fla. Dist. Ct. App. 1999)

. . . The county attorney, exercising the county’s rights under section 27.54(3), Florida Statutes (1995), . . . Stat. (1995); § 27.54(3), Fla. Stat. (1995). . . . Section 27.54(3) gives the county the right to contest the reasonableness of the fee. . . .

MARTIN, v. STATE, 711 So. 2d 117 (Fla. Dist. Ct. App. 1998)

. . . See § 27.54(3), Fla. Stat. (1997). . . .

F. MILLIGAN, v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 704 So. 2d 1050 (Fla. 1998)

. . . In such cases, costs incurred pursuant to s. 27.54(3) shah be paid by the county upon certification by . . . statement identify total county expenditures on: (c) Each of the services outlined in ss. 27.34(2) and 27.54 . . . incurred in providing the state attorney and public defender the services outlined in ss. 27.34(2) and 27.54 . . .

In BATSON, C. III, E. v. STATE, 700 So. 2d 1244 (Fla. Dist. Ct. App. 1997)

. . . In such cases, costs incurred pursuant to s. 27.54(3) shall be paid by the county upon certification . . . last two sentences to section 939.15 was to make clear that the types of costs referred to in section 27.54 . . . 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 . . . court) with the public defender certification procedure referenced in the 1989 versions of section 27.54 . . .

L. BROWN, v. STATE, 682 So. 2d 667 (Fla. Dist. Ct. App. 1996)

. . . Second, section 27.54, Florida Statutes, allows the trial court to assess attorney’s fees and costs against . . .

LOUIS, v. STATE, 667 So. 2d 851 (Fla. Dist. Ct. App. 1996)

. . . hereinafter “County”), to pay the pre-trial consultation fee of an expert witness pursuant to section 27.54 . . . Public Defender on behalf of Louis, a bill was forwarded to the County for payment pursuant to section 27.54 . . . ALTENBERND, A.C.J., and LAZZARA and WHATLEY, JJ., concur. . 27.54 Expenditures for public defender’s . . .

J. CADE, v. STATE, 658 So. 2d 550 (Fla. Dist. Ct. App. 1995)

. . . Section 27.54(3), Florida Statutes (1991), further provides in pertinent part: The public defender’s . . .

LEE COUNTY, a v. EATON A., 642 So. 2d 1126 (Fla. Dist. Ct. App. 1994)

. . . See § 27.54(3), Fla.Stat. (1993); Fla.R.App.P. 9.140(d); Shuman v. . . .

R. WARD, v. COLUMBUS COUNTY, NORTH CAROLINA,, 782 F. Supp. 1097 (E.D.N.C. 1991)

. . . qualified registration commissioners, 25 blacks (25.25%) 1985-1987: 69 qualified registrars, 19 blacks (27.54% . . .

In E. McELDOWNEY d b a ARIZMENDI, A. E. v. DEBTOR AND TRUSTEE,, 123 B.R. 155 (Bankr. D.P.R. 1991)

. . . .-16 (15th ed.), and 1 Norton Bankruptcy Law and Practice, Section 27.54. . . . .

In ORDER ON PROSECUTION OF CRIMINAL APPEALS BY TENTH JUDICIAL CIRCUIT PUBLIC DEFENDER, 561 So. 2d 1130 (Fla. 1990)

. . . does not constitute a contribution to the public defender’s office, and does not contravene subsection 27.54 . . . Section 27.54, Florida Statutes (1989), provides in pertinent part: (2) No county or municipality shall . . .

COUNTY OF SEMINOLE, a v. A. PADILLA A. R. A., 470 So. 2d 28 (Fla. Dist. Ct. App. 1985)

. . . The County relies upon section 27.54(2), Florida Statutes (1984), which prohibits the County from contributing . . . Additionally, in section 27.34(1), there is a provision parallel to section 27.54(2) for state attorneys . . . An examination of section 27.54 in its entirety reflects that the enactment relates solely to operation . . .

KAY MANUFACTURING COMPANY v. UNITED STATES, 676 F.2d 555 (Ct. Cl. 1982)

. . . This represents a profit-to-sales ratio of 27.54%. . . . review year 1969 were, respectively, $1,202,-125 and $331,096, giving it a profit-to-sales ratio of 27.54% . . . $1,069,150 $1,382,833 Profits 248,351 242,242 331,096- 158,652 207,233 % Profits to Sales 38.14% 30.56% 27.54% . . .

KAY MANUFACTURING COMPANY v. THE UNITED STATES, 230 Ct. Cl. 83 (Ct. Cl. 1982)

. . . This represents a profit-to-sales ratio of 27.54%. . . . review year 1969 were, respectively, $1,202,125 and $331,096, giving it a profit-to-sales ratio of 27.54% . . .

NATIONAL UNION ELECTRIC CORPORATION v. MATSUSHITA ELECTRIC INDUSTRIAL CO. LTD. In JAPANESE ELECTRONIC PRODUCTS ANTITRUST LITIGATION, 498 F. Supp. 991 (E.D. Pa. 1980)

. . . The earnings component was found to be $27.54 per share and was given a weight of 35%. Id. at 44. . . .

BOARD OF COUNTY COMMISSIONERS OF BRADFORD COUNTY, v. In JUDICIAL SPACE IN BRADFORD COUNTY COURTHOUSE,, 378 So. 2d 1247 (Fla. Dist. Ct. App. 1979)

. . . . §§ 27.34(2) and 27.54(3), Fla.Stat. (1977). . . .

DADE COUNTY, a v. H. BAKER, H. STATE v. AHUMADA,, 362 So. 2d 151 (Fla. Dist. Ct. App. 1978)

. . . 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 . . . Section 27.54(3), Florida Statutes (1977), requires the counties to support the offices of the various . . . The counties shall not provide less of these services than were provided in fiscal year 1972-1973.” § 27.54 . . .

SHUMAN, v. STATE, 358 So. 2d 1333 (Fla. 1978)

. . . that counties are specifically prohibited from paying for the transcripts in question, citing Section 27.54 . . . Sections 27.54(2) and 27.51(4)(e), Florida Statutes (1975), do not alter our conclusion. . . . An examination of Section 27.54 in its entirety reflects that the enactment relates solely to operation . . . Were respondent correct in its assertion concerning the operation of Section 27.54(2) counties would . . .

PANHANDLE EASTERN PIPE LINE CO. v. THE UNITED STATES, 187 Ct. Cl. 129 (Ct. Cl. 1969)

. . . 21.12 16.83 34.77 1958- 21.11 21.17 17.42 31.27 1959- 20.14 20.24 17.42 29.44 1960- 19.84 20.21 17.07 27.54 . . .

RAHR MALTING COMPANY, a v. UNITED STATES, 157 F. Supp. 803 (E.D. Wis. 1957)

. . . United States, supra; Mertens, The Law of Federal Income Taxation, 1953, Vol. 5, § 27.54. . . .