Florida Statute 29.007 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 29
COURT SYSTEM FUNDING

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29.007 Court-appointed counsel.—For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided from state revenues appropriated by general law are as follows:

(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or the office of criminal conflict and civil regional counsel.

(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes.

(3) 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.

(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses approved by the court.

(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent, and any other mental health professionals required by law for the full adjudication of any civil case involving an indigent person.

(6) Reasonable pretrial consultation fees and costs.

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

Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in which the court appoints counsel to protect a litigant’s due process rights. The Justice Administrative Commission shall approve uniform contract forms for use in processing payments for due process services under this section. In each case in which a private attorney represents a person determined by the court to be indigent for costs, the attorney shall execute the commission’s contract for private attorneys representing persons determined to be indigent for costs.

History.—s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

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Amendments to 29.007

Annotations, Discussions, Cases:

Cases Citing Statute 29.007

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

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Just. Admin. Com'n v. Peterson, 989 So. 2d 663 (Fla. 2d DCA 2008).

Cited 17 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 11220, 2008 WL 2811999

...The Justice Administrative Commission (JAC) petitions for a common law writ of certiorari to quash the circuit court's order that it pay attorney's fees and costs to the court-appointed counsel for an indigent, nonparent legal custodian in a juvenile dependency proceeding. Because the plain language of the statute, section 29.007(2), Florida Statutes (2006), authorizing the JAC to pay attorney's fees and costs does not include nonparents in these circumstances, we grant the petition and quash the circuit court's order....

...attorneys with funds appropriated by the Florida Legislature. The legislature has limited the JAC to compensating only court-appointed attorneys who represent individuals with a statutory or constitutional due process right to appointed counsel. See § 29.007(2) (authorizing the JAC to pay attorney's fees for "[p]rivate attorneys appointed by the court to represent indigents ......

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Clark v. Riley, 595 F.3d 1258 (11th Cir. 2010).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 2457, 108 Fair Empl. Prac. Cas. (BNA) 1284, 2010 WL 377020

"section" during the codification process, see Ala.Code § 29-7-8(a) ("The Code Commissioner. . . . may . . .

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Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 760, 2009 WL 249231

...The court shall appoint counsel for indigent parents. § 39.807(1)(a), Fla. Stat. (2007) (emphasis added). This provision confers no authority to appoint counsel for parents who are not indigent. It also confers no authority to order the state, in contravention of section 29.007 of the Florida Statutes, to pay the fees of an attorney appointed to represent someone who is not indigent. See § 29.007(1), Fla....

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Just. Admin. Comm'n v. Harp, 24 So. 3d 779 (Fla. 5th DCA 2009).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 20568, 2009 WL 5150300

...The JAC objected, arguing that because the mother voluntarily executed a written surrender of parental rights, she had no right to court-appointed counsel. Nevertheless, the trial court ordered the JAC to pay Mr. Harp a fee for representing the mother during the termination proceeding. [2] Section 29.007(2), Florida Statutes (2009), authorizes the JAC to pay attorney's fees to private attorneys appointed by the court to represent indigents or other litigants in civil proceedings that require court-appointed counsel in accordance with state and federal constitutional guarantees or statutes....

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PBP Holdings, Inc. v. Dep't of Revenue, 550 So. 2d 127 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2308, 1989 Fla. App. LEXIS 5463, 1989 WL 114467

Dade County did so. Its version, contained in section 29-7 of the Metropolitan Dade County Code (1983)

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Rodriguez v. State, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017).

Published | District Court of Appeal of Florida

denial of a motion to authorize payment under section 29.007(4), Florida Statutes (2015), for a polygraph

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Cleary Bros. Constr. Co. v. Phelps, 24 So. 2d 51 (Fla. 1945).

Published | Supreme Court of Florida | 156 Fla. 461, 1945 Fla. LEXIS 898

case was tried, but, if not, the provisions of Section 29.07 could have been invoked. It provides that where

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State v. Garrett, 310 So. 2d 751 (Fla. 2d DCA 1975).

Published | Florida 2nd District Court of Appeal | 1975 Fla. App. LEXIS 14072

the trial proper, pursuant to F.S. § 29.02 and § 29.07 (1973). The trial court entered the contested order

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Robbin v. Brewer, 236 So. 2d 448 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6320

the court function properly, and pursuant to Section 29.07, Florida Statutes, F.S.A., appointed the defendant

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Crim. Specialist Investigations, Inc. v. State, 58 So. 3d 883 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1587, 2011 WL 362423

and necessary expenses” in accordance with section 29.007(6), Florida Statutes (2009). § 27.5304(1),

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Just. Admin. Comm'n v. Goettel, 32 So. 3d 786 (Fla. 2d DCA 2010).

Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5956, 2010 WL 1728924

...The Justice Administration Commission seeks certiorari relief from an order to pay attorney Mark A. Goettel for his appointed representation of a mother during a termination of parental rights proceeding. The mother surrendered her rights to her child in writing. Section 29.007, Florida Statutes (2008), authorizes payment for an attorney's services only when the client has a right to court-appointed counsel....

...The JAC argues that it only has authority to pay private attorneys who are "appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes. " § 29.007(2) (emphasis added)....

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Green v. Bd. of Cnty. Commissioners, Metro. Dade Cnty., 396 So. 2d 1209 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19286

qualify as ‘Special Court Reporters’ pursuant to Section 29.07, Florida Statutes, which provides: “ ‘In case

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Just. Admin. Comm'n v. McNeilly, 59 So. 3d 302 (Fla. 5th DCA 2011).

Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 5370, 2011 WL 1431535

JAC was not obligated to pay counsel’s fees. § 29.007(2), Florida Statutes (2010); see also Goettel;

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