Florida Statutes

Fla. Stat. § 27.51 (2025)

Duties of public defender.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 123 cases (11 in the last 5 years), 1975–2026 · leading case: State v. Kelly, 999 So. 2d 1029 (Fla. 2008).

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State v. Kelly, 999 So. 2d 1029 (Fla. 2008). · cites it 16× “160 (advising indigents of the right to appointed counsel); § 27.51, Fla. Stat. (2003) (mandating that the public defender *1036 represent indigents charged with violations of chapter 316, Florida Statutes; DUI is a chapter 316 offense punishable by imprisonment).”

Noel Plank v. State of Florida, 190 So. 3d 594 (Fla. 2016). · cites it 13× “160; § 27.51, Fla. Stat. (2003). In Florida, indigent criminal defendants have a right to appointed counsel “for offenses punishable by imprisonment.”

Crist v. Fl. Ass'n of Crim. Def. Lawyers, 978 So. 2d 134 (Fla. 2008). · cites it 9× “As to the duties of the public defender, section 27.51, Florida Statutes (2007) (entitled "Duties of the public defender"), requires that it provide representation to any indigent person who is (1) under arrest for or charged with a felony, a misdemeanor authorized to be…”

In Re Order on Prosecution of Cr. App., 561 So. 2d 1130 (Fla. 1990). · cites it 8× “Section 27.51, Florida Statutes (1989), provides in pertinent part: (4) The public defender for a judicial circuit enumerated 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…”

Everett v. State, 54 So. 3d 464 (Fla. 2010). · cites it 4× “” § 27.51(2). Chapter 27 is in agreement with Florida Rule of Criminal Procedure 3.”

Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). · cites it 4× “(2013) (“[p]rivate counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section”); § 27.”

Johnson v. State, 78 So. 3d 1305 (Fla. 2012). · cites it 4× “See § 27.51(1), Fla. Stat. (2008). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of RCC.”

Schreiber v. Rowe, 814 So. 2d 396 (Fla. 2002). · cites it 4× “(2000) (providing for the cases in which state attorneys shall appear) with § 27.51(1), Fla. Stat. (2000) (providing for the cases in which public defenders shall appear).”

Shuman v. State, 358 So. 2d 1333 (Fla. 1978). · cites it 5× “" [2] § 27.51(4)(e), Fla. Stat. (1975), reads: "A sum shall be appropriated annually to the public defender of those judicial circuits enumerated in paragraphs (a)-(d) for the employment of attorneys as part-time public defenders, clerical employees, and expenses, including…”

Russo v. Akers, 724 So. 2d 1151 (Fla. 1998). · cites it 7× “§ 27.51, Fla. Stat. (1995). The statute thus is silent concerning postconviction proceedingsit neither authorizes nor bars the public defender from representing indigent defendants in noncapital postconviction proceedings.”

Escambia Cnty. v. Behr, 384 So. 2d 147 (Fla. 1980). · cites it 6× “The petitioner here reiterates its argument that the public defender has a clear duty, under section 27.51, to represent insolvent defendants.”

Pub. Def., Eleventh Jud. Circuit of Florida v. State, 115 So. 3d 261 (Fla. 2013). · cites it 5× “See § 27.51(1), Fla. Stat. (2007). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of the Office of Criminal Conflict and Civil Regional Counsel (RCC).”

Show all 123 citing cases →

— 27.51(1) — 22 cases

Crist v. Fl. Ass'n of Crim. Def. Lawyers, 978 So. 2d 134 (Fla. 2008). “As to the duties of the public defender, section 27.51, Florida Statutes (2007) (entitled "Duties of the public defender"), requires that it provide representation to any indigent person who is (1) under arrest for or charged with a felony, a misdemeanor authorized to be…”

Johnson v. State, 78 So. 3d 1305 (Fla. 2012). “See § 27.51(1), Fla. Stat. (2008). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of RCC.”

Pub. Def., Eleventh Jud. Circuit of Florida v. State, 115 So. 3d 261 (Fla. 2013). “See § 27.51(1), Fla. Stat. (2007). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of the Office of Criminal Conflict and Civil Regional Counsel (RCC).”

Behr v. Bell, 665 So. 2d 1055 (Fla. 1996).

Noel Plank v. State of Florida, 190 So. 3d 594 (Fla. 2016). “160; § 27.51, Fla. Stat. (2003). In Florida, indigent criminal defendants have a right to appointed counsel “for offenses punishable by imprisonment.”

— 27.51(1)(a) — 2 cases

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc., 271 So. 3d 914 (Fla. 2018).

— 27.51(1)(b) — 2 cases

Florida Dep't of Corr. v. Julianne M. Holt, Pub. Def. of the Thirteenth Jud. Circuit & Honorable Samantha Lee Ward (Fla. 2d DCA 2023).

Florida Dep't of Corr. v. Julianne M. Holt, Pub. Def. of the Thirteenth Jud. Circuit (Fla. 2d DCA 2023).

— 27.51(1)(b)(1) — 1 case

State v. Kelly, 999 So. 2d 1029 (Fla. 2008). “160 (advising indigents of the right to appointed counsel); § 27.51, Fla. Stat. (2003) (mandating that the public defender *1036 represent indigents charged with violations of chapter 316, Florida Statutes; DUI is a chapter 316 offense punishable by imprisonment).”

— 27.51(1)(d) — 2 cases

Adm'r, Retreat Hosp. v. Johnson, 660 So. 2d 333 (Fla. 4th DCA 1995).

Handley v. Dennis, 642 So. 2d 115 (Fla. 1st DCA 1994).

— 27.51(2) — 12 cases

Everett v. State, 54 So. 3d 464 (Fla. 2010). “” § 27.51(2). Chapter 27 is in agreement with Florida Rule of Criminal Procedure 3.”

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc., 271 So. 3d 914 (Fla. 2018).

Haughwout v. Mellor, 870 So. 2d 895 (Fla. 4th DCA 2004).

Gordon v. State, 960 So. 2d 31 (Fla. 4th DCA 2007).

The Just. Admin. Comm'n v. Ian Jackson (Fla. 3d DCA 2026).

— 27.51(3) — 3 cases

Schreiber v. Rowe, 814 So. 2d 396 (Fla. 2002). “(2000) (providing for the cases in which state attorneys shall appear) with § 27.51(1), Fla. Stat. (2000) (providing for the cases in which public defenders shall appear).”

Amendments to Rules Regulating the Florida Bar, 841 So. 2d 443 (Fla. 2003).

Tallahassee Bail Fund v. Marshall (N.D. Fla. 2024).

— 27.51(4) — 28 cases

Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996).

Amend. to Fla. Rules of Appellate Proc., 696 So. 2d 1103 (Fla. 1996).

Amendment to Fla. Rules of Cr. Proc., 807 So. 2d 633 (Fla. 2001).

Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000).

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009).

— 27.51(4)(a) — 3 cases

Kiernan v. State, 485 So. 2d 460 (Fla. 1st DCA 1986).

Day v. State, 564 So. 2d 137 (Fla. 1st DCA 1990).

Young v. State, 580 So. 2d 301 (Fla. 1st DCA 1991).

— 27.51(4)(b) — 4 cases

Green v. State, 620 So. 2d 188 (Fla. 1993).

Rodriquez v. State, 700 So. 2d 79 (Fla. 2d DCA 1997).

Joshua Alexis Justiniano-Nazario v. State of Florida (Fla. 6th DCA 2025).

In re Pub. Def.'s Certification of Conflict & Motion to Withdraw Due to Excessive Case Load & Motion for Writ of Mandamus, 793 So. 2d 1 (Fla. 2d DCA 1998).

— 27.51(4)(d) — 3 cases

Johnson v. State, 6 So. 3d 1262 (Fla. 4th DCA 2009).

Sanders v. State, 450 So. 2d 907 (Fla. 4th DCA 1984).

Young v. State, 718 So. 2d 203 (Fla. 4th DCA 1998).

— 27.51(4)(e) — 2 cases

Shuman v. State, 358 So. 2d 1333 (Fla. 1978). “" [2] § 27.51(4)(e), Fla. Stat. (1975), reads: "A sum shall be appropriated annually to the public defender of those judicial circuits enumerated in paragraphs (a)-(d) for the employment of attorneys as part-time public defenders, clerical employees, and expenses, including…”

Folds v. State, 540 So. 2d 234 (Fla. 5th DCA 1989).

— 27.51(5) — 1 case

In Re Rules Govern. Capital Postconviction, 763 So. 2d 273 (Fla. 2000).

— 27.51(5)(a) — 3 cases

Remeta v. State, 559 So. 2d 1132 (Fla. 1990).

State v. Remeta, 547 So. 2d 181 (Fla. 5th DCA 1989).

Babb v. State, 92 So. 3d 281 (Fla. 5th DCA 2012).

— 27.51(6) — 2 cases

In Re Order on Prosecution of Cr. App., 561 So. 2d 1130 (Fla. 1990). “Section 27.51, Florida Statutes (1989), provides in pertinent part: (4) The public defender for a judicial circuit enumerated 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…”

Haggins v. State, 498 So. 2d 953 (Fla. 2d DCA 1986).

— 27.51(a) — 1 case

Kiernan v. State, 485 So. 2d 460 (Fla. 1st DCA 1986).

— 27.51(a)(2) — 1 case

Dellapa v. Major League Baseball Players Benefit Plan (M.D. Fla. 2025).

— 27.51(l)(a) — 3 cases

Everett v. State, 54 So. 3d 464 (Fla. 2010). “” § 27.51(2). Chapter 27 is in agreement with Florida Rule of Criminal Procedure 3.”

J.M. v. State, 533 So. 2d 778 (Fla. 3d DCA 1988).

James v. State, 58 So. 3d 891 (Fla. 1st DCA 2011).

— 27.51(l)(b) — 3 cases

J.M. v. State, 533 So. 2d 778 (Fla. 3d DCA 1988).

Ull v. State, 613 So. 2d 928 (Fla. 3d DCA 1993).

Allen v. McClamma, 500 So. 2d 146 (Fla. 1987).

— 27.51(l)(c) — 1 case

J.M. v. State, 533 So. 2d 778 (Fla. 3d DCA 1988).

— 27.51(l)(d) — 1 case

Auxier v. Jerome Golden Ctr. for Behavioral Health, 85 So. 3d 1164 (Fla. 4th DCA 2012).

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