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Florida Statute 27.51 | Lawyer Caselaw & Research
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Florida Statute 27.51 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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;

(c) Alleged to be a delinquent child pursuant to a petition filed before a circuit court;
(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 CourtListener

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:

📡 Real-time webhook data - Cases automatically updated when new citations are found

Cases Citing Statute 27.51

Total Results: 10

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

Added to database: 2025-08-29 20:10:51

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, 2016 WL 1065696

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

Added to database: 2025-08-29 20:10:51

Johnson v. State

Court: Supreme Court of Florida | Date Filed: 2012-01-05

Citation: 78 So. 3d 1305, 37 Fla. L. Weekly Supp. 1, 2012 Fla. LEXIS 22, 2012 WL 16692

Snippet: in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2008). However, in those cases where

Added to database: 2025-08-29 20:10:51

Everett v. State

Court: Supreme Court of Florida | Date Filed: 2010-10-14

Citation: 54 So. 3d 464, 2010 WL 4007643

Snippet: defender is “representing” a defendant. Section 27.51(l)(a), Florida Statutes (2001), provides in pertinent

Added to database: 2025-08-29 20:10:51

State v. Kelly

Court: Supreme Court of Florida | Date Filed: 2008-12-30

Citation: 999 So. 2d 1029, 2008 WL 5396701

Snippet: indigents of the right to appointed counsel); § 27.51, Fla. Stat. (2003) (mandating that the public defender

Added to database: 2025-08-29 20:10:51

Crist v. FL. ASS'N OF CRIM. DEFENSE LAWYERS

Court: Supreme Court of Florida | Date Filed: 2008-03-13

Citation: 978 So. 2d 134, 2008 WL 659435

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

Added to database: 2025-08-29 20:10:51

Schreiber v. Rowe

Court: Supreme Court of Florida | Date Filed: 2002-03-21

Citation: 814 So. 2d 396, 2002 WL 432575

Snippet: prohibited from the private practice of law) with § 27.51(3), Fla. Stat. (2000) (providing that public defenders

Added to database: 2025-08-29 20:10:51

Russo v. Akers

Court: Supreme Court of Florida | Date Filed: 1998-11-25

Citation: 724 So. 2d 1151, 1998 WL 821778

Snippet: changed in the applicable statute, i.e., section 27.51, Florida Statutes (1995). The public defender sought—and

Added to database: 2025-08-29 20:10:51

Behr v. Bell

Court: Supreme Court of Florida | Date Filed: 1996-01-04

Citation: 665 So. 2d 1055, 1996 WL 2762

Snippet: certiorari and denied it. The court held that section 27.51(1), Florida Statutes (1993), authorized the trial

Added to database: 2025-08-29 20:10:51

State v. Ull

Court: Supreme Court of Florida | Date Filed: 1994-04-28

Citation: 642 So. 2d 721, 1994 WL 149673

Snippet: Florida Rule of Criminal Procedure 3.111 and section 27.51 Florida Statutes (1991), carry with it the power

Added to database: 2025-08-29 20:10:51