Florida Statute 29.005 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 29
COURT SYSTEM FUNDING

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29.005 State attorneys’ offices and prosecution expenses.—For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the state attorneys’ offices to be provided from state revenues appropriated by general law are as follows:

(1) The state attorney of each judicial circuit and assistant state attorneys and other staff as determined by general law.

(2) Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.

(3) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned by a state attorney, and any other expert witnesses required in a court hearing by law or whomever the state attorney deems necessary for the performance of his or her duties.

(4) Reasonable transportation services in the performance of constitutional and statutory responsibilities.

(5) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.

(6) Reasonable library and electronic legal research services, other than a public law library.

(7) Reasonable pretrial consultation fees and costs.

History.—s. 5, ch. 2000-237; s. 41, ch. 2003-402; s. 26, ch. 2004-265; s. 15, ch. 2005-236; s. 7, ch. 2019-3.

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Amendments to 29.005

Annotations, Discussions, Cases:

Cases Citing Statute 29.005

Total Results: 13 | Sort by: Relevance | Newest First

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In Re May, 12 B.R. 618 (N.D. Fla. 1980).

Cited 51 times | Published | District Court, N.D. Florida | 1980 Bankr. LEXIS 4287

see also, 1A Collier §§ 14.24, 14.47; 2A Collier § 29.05[2.1]. As stated by the court in Matter of Vecchione

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McAden v. State, 21 So. 2d 33 (Fla. 1945).

Cited 31 times | Published | Supreme Court of Florida | 155 Fla. 523, 1945 Fla. LEXIS 568

compensation and salary of a court reporter. Section 29.05, Fla. Stats. 1941 (F.S.A.), makes it the duty

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MacCabees Mut. Life Ins. Co. v. Julie Dianne Morton, Karen Morton Sowell, Larry Lee Morton, Josephine Morton Roberts, Individually & Admin. Charles Edward Morton, Deceased, Julie Dianne Morton, Counter-Claimant v. MacCabees Mut. Life Ins. Co., Counter-Defendant. Karen Morton Sowell, Larry Lee Morton, Counter-Cross-Claimants, Josephine Morton Roberts, Counter-Cross-Claimant-Appellee v. MacCabees Mut. Life Ins. Co., Counter-Defendant, Julie Dianne Morton, Cross-Defendant-Appellant, 941 F.2d 1181 (11th Cir. 1991).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 21300

appointed. 26 Ga.Code Ann. § 29-5-8(b). A Georgia probate judge correctly testified

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Off. of State Attorney v. Polites, 904 So. 2d 527 (Fla. 3d DCA 2005).

Cited 8 times | Published | Florida 3rd District Court of Appeal

...In response, the Eleventh Judicial Circuit claims that the orders requiring the petitioners to pay for the initial evaluations do not depart from the essential requirements of law because the petitioners are required by statute to pay these costs. The respondent contends that the State Attorney's Office is required by section 29.005(3), Florida Statutes (2004), to pay for expert witnesses summoned by a state attorney and any other expert witnesses required in a court hearing by law....

...Similarly, the Public Defender's Office is required by section 29.006(3), Florida Statutes (2004), to pay for expert witnesses summoned on behalf of the indigent defendant and any other expert witnesses required in a court hearing by law. The respondent further contends that sections 29.005(4) and 29.006(4) require the State Attorney's Office and the Public Defender's Office, respectively, to pay for mental health professionals appointed pursuant to section 916.115(2), Florida Statutes (2004), and required in a court hearing involving an indigent defendant....

...3d DCA 1983) (common law certiorari held as the appropriate vehicle for appellate court to review a trial court's order requiring the State Attorney's Office to pay for half of a defense exhibit ordered by the Public Defender's Office). The relevant statutes and rules are sections 29.004(6), 29.005(3) and (4), [2] 916.115, Florida Statutes (2004), and Florida Rules of Criminal Procedure 3.210(b) and 3.218(c)....

...V of the State Constitution, the elements of the state courts system to be provided from state revenues appropriated by general law are as follows: ... (6) Expert witnesses not requested by any party which are appointed by the court pursuant to an express grant of statutory authority. Section 29.005 deals with the State Attorney's Office: For purposes of implementing s....

...In addition, the Florida Legislature provided for the application of state revenues to the State Attorney's Office, the Public Defender's Office, and court-appointed counsel to cover the costs of mental health experts appointed pursuant to section 916.115(2). See §§ 29.005(4), 29.006(4), 29.007(5), Fla....

...t unless one of three events occur: the trial court on its own moves for the appointment of experts, the defense specifically requests the appointment of experts, or the State specifically requests the appointment of experts. When it passed sections 29.005(4), 29.006(4), and 29.007(5), the Legislature acknowledged that system and allocated money for the Public Defender's Office, the State Attorney's Office or court-appointed counsel to pay for the costs of the mental health expert....

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United States v. Kim H. Birge, 830 F.3d 1229 (11th Cir. 2016).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 3997211

the capacity to do so themselves. See O.C.G.A. § 29-5-l(a) (“The court may appoint a conservator for

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Land-O-Sun Dairies, Inc. v. Williams Env't Servs., Inc. (In Re Finevest Foods, Inc.), 165 B.R. 949 (Bankr. M.D. Fla. 1994).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 16, 1994 Bankr. LEXIS 482, 1994 WL 107949

entitled to a mechanic's lien under both § 29-5-10 and § 29-5-20 of the South Carolina Code and argues

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Grimes v. Leon Cnty. Sch. Bd., 518 So. 2d 327 (Fla. 1st DCA 1987).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1987 WL 2665

made up by the strength in the other. Larson, § 29, 5-354. Cf. Strother v. Morrison Cafeteria, 383 So

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Maccabees Mut. Life Ins. v. Morton, 941 F.2d 1181 (11th Cir. 1991).

Published | Court of Appeals for the Eleventh Circuit

innately would have known of the existence of section 29-5-8(b) and then would have interpreted its provisions

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Knox v. State, 98 So. 3d 679 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 WL 4511310, 2012 Fla. App. LEXIS 16731

...p. That is, the victim did not quantify the cost of her transportation, travel-related expenses, and presumed one day’s lost pay, and the state did not explain why it was unable to pay those costs when various statutes allow for such payments. See § 29.005(3), Fla....

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Orange West, Ltd. v. City of Winter Garden, 528 So. 2d 84 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1609, 1988 Fla. App. LEXIS 2910, 1988 WL 68505

mobile homes. Individual lots shall not be sold. Section 29-5, entitled "General Definitions,” provides: Mobile

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Williams v. State, Dep't of Mgmt. Servs., Div. of Ret., 647 So. 2d 317 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 12533, 1994 WL 704800

proceedings, and she was paid certain “fees” under Section 29.05, Florida Statutes, for preparing transcripts

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Williams v. Dep't of Mgmt. Servs., Div. of Ret., 678 So. 2d 1282 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 344, 1996 Fla. LEXIS 1426, 1996 WL 490183

reporter being present at criminal proceedings. Section 29.05, Florida Statutes (1991), provides for payment

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Russ v. Brooksville Health Care Ctr., LLC, 109 So. 3d 1266 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 1316776, 2013 Fla. App. LEXIS 5440

Philip J. Padovano, Florida Appellate Practice § 29:5, at 734-35 (2011 ed.) (“This standard [whether

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