Florida Statute 27.51 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

View Entire Chapter

F.S. 27.51

27.51 Duties of public defender.—

(1) The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and:

(a) Under arrest for, or charged with, a felony;

(b) Under arrest for, or charged with:

1. A misdemeanor authorized for prosecution by the state attorney;

2. A violation of chapter 316 punishable by imprisonment;

3. Criminal contempt; or

4. 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.

The public defender shall not provide representation pursuant to this paragraph if the court, prior to trial, files in the cause an order of no imprisonment as provided in s. 27.512;

(d) Sought by petition filed in such court to be involuntarily placed as a mentally ill person under part I of chapter 394, involuntarily committed as a sexually violent predator under part V of chapter 394, or involuntarily admitted to residential services as a person with developmental disabilities under chapter 393. A public defender shall not represent any plaintiff in a civil action brought under the Florida Rules of Civil Procedure, the Federal Rules of Civil Procedure, or the federal statutes, or represent a petitioner in a rule challenge under chapter 120, unless specifically authorized by statute;

(e) Convicted and sentenced to death, for purposes of handling an appeal to the Supreme Court; or

(f) Is appealing a matter in a case arising under paragraphs (a)-(d).

(2) The court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent. If a defendant has retained private counsel, the court may not appoint the public defender to represent that defendant simultaneously on the same case. The court, however, may appoint private counsel in capital cases as provided in ss. 27.40 and 27.5303.

(3) Each public defender shall serve on a full-time basis and is prohibited from engaging in the private practice of law while holding office. Assistant public defenders shall give priority and preference to their duties as assistant public defenders and shall not otherwise engage in the practice of criminal law.

(4) The public defender for the judicial circuit specified in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all circuit court and county court appeals within the state courts system and any authorized appeals to the federal courts required of the official making such request:

(a) Public defender of the second judicial circuit, on behalf of any public defender within the district comprising the First District Court of Appeal.

(b) Public defender of the tenth judicial circuit, on behalf of any public defender within the districts comprising the Second District Court of Appeal and Sixth District Court of Appeal.

(c) Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.

(d) Public defender of the fifteenth judicial circuit, on behalf of any public defender within the district comprising the Fourth District Court of Appeal.

(e) Public defender of the seventh judicial circuit, on behalf of any public defender within the district comprising the Fifth District Court of Appeal.

(5)(a) When direct appellate proceedings prosecuted by a public defender on behalf of an accused and challenging a judgment of conviction and sentence of death terminate in an affirmance of such conviction and sentence, whether by the Florida Supreme Court or by the United States Supreme Court or by expiration of any deadline for filing such appeal in a state or federal court, the public defender shall notify the accused of his or her rights pursuant to Rule 3.851, Florida Rules of Criminal Procedure, including any time limits pertinent thereto, and shall advise such person that representation in any collateral proceedings is the responsibility of the capital collateral regional counsel. The public defender shall then forward all original files on the matter to the capital collateral regional counsel, retaining such copies for his or her files as may be desired.

(b) It is the intent of the Legislature that any public defender representing an inmate in any collateral proceedings in any court on June 24, 1985, shall continue representation of that inmate in all postconviction proceedings unless relieved of responsibility from further representation by the court.

(6) 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.

History.—s. 2, ch. 63-409; s. 1, ch. 67-539; ss. 19, 35, ch. 69-106; s. 1, ch. 71-28; s. 1, ch. 72-327; s. 1, ch. 72-722; s. 1, ch. 73-216; s. 4, ch. 73-334; s. 3, ch. 77-147; s. 1, ch. 79-588; s. 2, ch. 80-376; ss. 2, 6, ch. 85-332; s. 11, ch. 87-133; s. 1, ch. 89-308; s. 8, ch. 91-45; s. 138, ch. 95-147; s. 15, ch. 95-195; s. 4, ch. 96-232; s. 2, ch. 97-107; s. 2, ch. 99-222; s. 12, ch. 2000-3; s. 15, ch. 2003-402; s. 8, ch. 2004-265; s. 4, ch. 2006-1; s. 1, ch. 2014-59; s. 4, ch. 2020-61; s. 1, ch. 2021-18; s. 1, ch. 2022-163.

F.S. 27.51 on Google Scholar

F.S. 27.51 on Casetext

Amendments to 27.51

Arrestable Offenses / Crimes under Fla. Stat. 27.51

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.51.

Annotations, Discussions, Cases:

Cases Citing Statute 27.51

Total Results: 20

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the civil

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE SAMANTHA LEE WARD

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: the public defender is authorized under section 27.51(1)(b)4, Florida Statutes (2023), because the civil

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2023-09-14

Snippet: to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460. POST JUDGMENT

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2023-08-31

Snippet: to represent a respondent as provided in section 27.51(4), Florida Statutes. RULE 4.460. POST JUDGMENT

Reynaldo Figueroa-Sanabria v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: counsel by statute. See § 27.40, Fla. Stat.; § 27.51, Fla. Stat. -

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2018-11-29

Citation: 271 So. 3d 914

Snippet: defender is "representing" a defendant. Section 27.51(1)(a), Florida Statutes (2001), provides in pertinent

State v. Ronald Grate

Court: District Court of Appeal of Florida | Date Filed: 2018-07-23

Citation: 252 So. 3d 351

Snippet: Inc., 978 So. 2d 134, 141 (Fla. 2008). Section 27.51, Florida Statutes (2018), defines the duties of

Holt v. Keetley

Court: District Court of Appeal of Florida | Date Filed: 2018-06-20

Citation: 250 So. 3d 206

Snippet: to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed

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

Court: District Court of Appeal of Florida | Date Filed: 2018-06-20

Snippet: represented by a public defender under s. 27.51 but who is represented by private

Charles D. Patten v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-02

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

Snippet: to be represented by a public defender under s. 27.51 but ... who is proceeding pro se, may move the court

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-21

Citation: 210 So. 3d 140, 2016 Fla. App. LEXIS 14119

Snippet: duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postconviction

Jacob Thomas Gaulden v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Citation: 195 So. 3d 1123, 41 Fla. L. Weekly Supp. 327, 2016 Fla. LEXIS 1421

Snippet: circumstances. McBoyle v. United States, 283 U.S. 25, 27, 51 S.Ct. 340, 75 L.Ed. 816 (1931). POLSTON, J., concurs

Noel Plank v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-03-17

Citation: 190 So. 3d 594, 41 Fla. L. Weekly Supp. 93, 2016 Fla. LEXIS 553

Snippet: Fla. Const.; Fla. R.Crim-. P. 3.111, 3.160; § 27.51, Fla. Stat. (2003). In.'Florida, indigent criminal

Legal Aid Society of Palm Beach County, Inc. v. Guardianship of Jaffe

Court: District Court of Appeal of Florida | Date Filed: 2015-11-04

Citation: 178 So. 3d 527, 2015 Fla. App. LEXIS 16579, 2015 WL 6735369

Snippet: well as other mandatory proceedings: See, e.g., § 27.51, Fla. Stat. (2015). In other words-, if the Legislature

Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. The Guardianship of Jennifer Jaffe and Ferd and Gladys Alpert Jewish Family & Children's Service

Court: District Court of Appeal of Florida | Date Filed: 2015-11-04

Snippet: well as other mandatory proceedings. See, e.g., § 27.51, Fla. Stat. (2015). In other words, if the Legislature

Mills v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-17

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

Snippet: seeking appointment of a public defender under s. 27.51 based upon an inability to pay must apply to the

Dane P. Abdool v. Pam Bondi, etc.

Court: Supreme Court of Florida | Date Filed: 2014-06-12

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: defenders may be appointed. Id. at 141; see also § 27.51, Fla. Stat. (2013). Unlike the elected public defender

Public Defender, Eleventh Judicial Circuit of Florida v. State

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 261, 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038

Snippet: in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in those cases where

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-17

Citation: 99 So. 3d 593, 2012 Fla. App. LEXIS 18035, 2012 WL 4900829

Snippet: duties of public defenders, as enumerated in section 27.51, Florida Statutes (2008), do not include postcon-viction

Babb v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-13

Citation: 92 So. 3d 281, 2012 WL 2864405, 2012 Fla. App. LEXIS 11404

Snippet: defender was based on three Florida Statutes: section 27.51(5)(a), 27.5303(4)(b) and 27.5304(5)(b), all of which