Florida/Georgia Personal Injury & Workers Compensation

...The district court concluded that: The trial court must find that the defendant is wholly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section 27.52 is not applicable to the costs imposed by Sections 920.20 and 943.25(4)....

...At the sentencing proceeding the judge, in open court and before Jenkins and his counsel, imposed the costs. He then found Jenkins indigent and appointed the public defender to represent him on appeal. It is not apparent that these are inconsistent. Section 27.52, Florida Statutes (1981), establishes the criteria for a determination of indigency....

...insolvency in open court. The trial court must find that the defendant is wholly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section 27.52 is not applicable to the costs imposed by Sections 960.20 and 943.25(4)....

...Although Robinson did not have any contact with Smith until his arrest, prior to Smith's arrest Robinson entered a written plea of not guilty and a demand for discovery on Smith's behalf. [11] There was no demonstration of indigence as required by section 27.52, Florida Statutes (1989), for the presiding judge to have appointed counsel for Smith....

...9, made before interrogation was imminent, was ineffective to invoke right for subsequent interrogation). Our conclusion is bolstered by our finding that the court's order appointing counsel at the request of the public defender was unauthorized by section 27.52, Florida Statutes (1989), and was thus a nullity....

...n a public defender is “representing” a defendant. Section 27.51(l)(a), Florida Statutes (2001), provides in pertinent part that “[t]he public defender shall represent ... any person who is determined by the court to be indigent as provided in s. 27.52 and who is ......

...rate, whichever occurs earliest.” Rule 3.111(b)(5) states also that “[b]efore appointing a public defender, the court shall ... make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath.” Finally, the rules provide that the court shall “require the accused to execute an affidavit of insolvency as required by section 27.52, Florida Statutes.” Fla....

...To begin with, at the time the public defender is appointed, a defendant must be informed of the possibility that a lien related to the legal services to be provided may attach. Fla. R. Crim. P. 3.111(b)(5)(A). Additionally, a person seeking appointment of a public defender must pay a $50 application fee to the clerk. § 27.52(l)(b), Fla....

...$100 or to hold a hearing with proper notice to obtain evidence in support of a public defender fee in an amount greater than the statutory minimum. Reversed and remanded with instructions. Taylor, J., and Lee, Robert W., Associate Judge, concur. . Section 27.52(l)(b) provides that the defendant "shall pay” the fee "to the clerk .......

...The only moment during the entirety of these proceedings when any inquiry into Castro's financial ability to employ counsel was made was when Castro appeared before the magistrate on the burglary charge. It is clear that this inquiry fell short of satisfying the guidelines for determining indigency found in Section 27.52(2), Florida Statutes (1979), and even shorter of the constitutional right to counsel....

...Even if the prima facie evidence of solvency arose from the fact that the defendant's stated gross income exceeded $75 per week (assuming, arguendo, that the defendant had no dependents), [6] there is not the slightest indication that the court considered, as mandated by Section 27.52(2)(c), Florida Statutes (1979), the additional circumstances of: "1....

...ble counsel. Sapio v. State, supra ; State v. Lande, supra . Finally, we note that the burden is not, as the State suggests, on a counselless accused to initiate proceedings for the appointment of counsel by the filing of the affidavit called for by Section 27.52, Florida Statutes (1979)....

...on can only be made after a full and complete inquiry concerning the defendant's financial circumstances, taking into account the cost of obtaining counsel in respect to the particular case; and the prima facie evidence of non-indigency set forth in Section 27.52, Florida Statutes (1979), cannot by itself be employed to deny court-appointed counsel to an accused....

...State, supra , where despite the presence of counsel, the court held the waiver of jury trial invalid as not shown to be knowingly and intelligently made. [4] The court remarked: "That is almost twice the statute. The statute says 75. I think 75 is unrealistic, but 140 is a different ballgame." Section 27.52(2)(b) 2, Florida Statutes (1979), applicable here, provided, "If the defendant has no dependents and his gross income exceeds $75 per week," the defendant is "prima facie" non-indigent. See n. 6, infra. In 1980, this amount was increased to $100. § 27.52, Fla....

...for the services rendered by the public defender may be imposed pursuant to under section 27.56, Florida Statutes (1979); (ii)(B) Mmake inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes (1979). The accused shall respond to the inquiry under oath; (iii)(C) Rrequire the accused to execute an affidavit of insolvency in the format provided by section 27.52, Florida Statutes (1979)....

...with respect to such proceedings, despite his or her present inability to pay for these services. . . . Prepayment of costs to any court . . . is not required in any action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 or s....

...with respect to such proceedings, despite his or her present inability to pay for these services. . . . Prepayment of costs to any court . . . is not required in any action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 or s....

...See Bush v. State, 945 So.2d 1207 (Fla. 2006). I do not believe we should keep open this type of jurisdiction, and I do not understand how the present case is properly before this Court on a writ of mandamus. QUINCE, J., concurs. NOTES [1] 1. Both sections 27.52 and 57.082 provide that a person seeking relief from the payment of court costs due to inability to pay must apply to the clerk of court for a determination of indigency status and the application must include the following information: 1....

...s. 3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property. 4. All liabilities and debts. §§ 27.52(1), 57.082(1), Fla. Stat. (2005). Section 27.52(1) contains an additional provision 5: "If applicable, the amount of any bail paid for the applicant's release from incarceration and the source of the funds."

...Rule 3.852 (Capital Postconviction Public Records Production) is amended to correct statutory references. Subdivision (c)(4) of rule 3.853 (Motion for Postconviction DNA Testing) is amended to reflect that counsel may be appointed to assist the movant upon a determination *538 of indigency pursuant to section 27.52, Florida Statutes (2009)....

...However, we recognize that the Committee is no longer responsible for proposing amendments to rule 3.984, because the Florida Clerks of Court Operations Corporation is responsible for developing the form and obtaining final approval from the Court. See § 27.52(1), Fla....

...(1)-(3) [No change] (4) In the event that the motion shall proceed to a hearing, the court may appoint counsel to assist the movant if the court determines that assistance of counsel is necessary and upon making the appropriate finding of indigencea determination of indigency pursuant to section 27.52, Florida Statutes....

...The written judgment of fines and *1101 costs lists the total amount as $2,988.00. At the sentencing hearing, the judge orally imposed costs and fines totaling $2,948.00 and then immediately added a $40.00 "public defender application fee imposed as a civil judgment" pursuant to section 27.52(1)(b), Florida Statutes (2005), which amount is specifically listed on the written judgment....

...e and that Attorney Wesley would remain as lead counsel. Section 27.51(1), Florida Statutes (1981), states: The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 and who is: (a) Under arrest for, or is charged with, a felony; ... . Section 27.52(2)(a), Florida Statutes (1981), states: A person is indigent for purposes of this part if he is unable to pay for the services of an attorney, including costs of investigation, without substantial hardship to himself or his family....

...o himself or his family. Petitioner does not contend that Respondent Gardner is not partially indigent as defined by Rule 3.111. Nor does petitioner argue that a finding of partial indigency does not satisfy the requirement of indigency contained in section 27.52....

...ns of witnesses who were later called by the state as witnesses at the trial. In proceedings for the determination of insolvency, there is a presumption of solvency and the defendant has the burden of rebutting that presumption by constant proof. (F.S. 27.52(2)(a)) The record does not reveal that appellant met his burden of proof....

...If the child and his parents or other legal custodians are insolvent and are unable to employ counsel for the child, or if the parents of an insolvent child are solvent but refuse to employ counsel, the court shall appoint counsel for him pursuant to § 27.52 and § 27.56....

...fied Assistant Public Defender has an excessive caseload, thereby diminishing the likelihood of effective representation. No appointing court appoints a specific Assistant Public Defender. The Public Defender is appointed in every criminal case. See § 27.52(1)(d), Fla....

...der is appointed, a lien for the services rendered by the public defender may be imposed under section 27.56, Florida Statutes; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52, Florida Statutes....

...Committee Notes 1977 Adoption. [No change] 2008 Amendment. Subdivision (b) was created to differentiate the treatment of original proceedings from appeals under this rule. Each subdivision was further amended to comply with statutory amendments to section 27.52, Florida Statutes, the legislature's enactment of section 57.082, Florida Statutes, and the Florida Supreme Court's opinion in In re Approval of Application for Determination of Indigent Status Forms for Use by Clerks, 910 So.2d 194 (Fla.2005)....

...Yes, Your Honor." The court then conducted a colloquy which established that Vera was a high school graduate, a construction laborer, and had little experience with the criminal justice system. Vera proceeded pro se at trial, at the conclusion of which the jury found him guilty as charged. Section 27.52, Florida Statutes (1993), provides, in pertinent part: (1) The determination of indigency of any accused person shall be made by the court at any stage of the proceedings.......

...The ownership of, or equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property by the defendant; and 3. The amount of debts owed by the defendant or debts that might be incurred by the defendant because of illness or other misfortunes within his family. Section 27.52(2)(b)1 creates a presumption that a defendant is not indigent if he was released on over $5,000 bail....

...However, this presumption "cannot by itself be employed to deny court-appointed counsel to an accused." Enrique v. State, 408 So.2d 635, 639 (Fla. 3d DCA 1981), review denied, 418 So.2d 1280 (Fla.1982); Siplen v. State, 473 So.2d 793 (Fla. 5th DCA 1985). A trial court must consider the factors set forth in section 27.52 before terminating an appointment of the public defender based upon a finding that the defendant is no longer indigent....

...of his right to counsel was made knowingly and intelligently. As to Morgano's first contention, we agree with the state's assertion that the court's finding of solvency was supported by competent, substantial evidence and was made in compliance with section 27.52, Florida Statutes (1981), which outlines the factors to be considered in determining indigency. The police officer who had investigated the charges in question advised the court at the hearing that Morgano had told him that during the preceding year he had netted approximately $250,000 plying the burglary trade. See § 27.52(2)(b)2, Fla. Stat. (1981). He also said that at the time of Morgano's arrest Morgano was renting a condominium for $800 per month. The officer indicated further that the residence contained expensive furniture owned by Morgano. See § 27.52(2)(c)2, Fla....

...Morgano then advised the court that he had applied for representation by the public defender because he had spent all his money to post bond and to pay the retainer fees for Levin and Kessler. However, he conceded that he had posted a bond of $51,000 on the charges in question. See § 27.52(2)(c) 1, Fla....

...ingly and intelligently waived his right to counsel. Appellant, charged with criminal contempt and facing the possibility of incarceration, was entitled to be represented by counsel. Fla.R.Juv.P. 8.280(d); R.M.P. v. Jones, 419 So.2d 618 (Fla. 1982). Section 27.52(2)(d), Florida Statutes (1981), provides in pertinent part: When the public defender, a special assistant public defender appointed pursuant to s....

...he case, and the amount of debts owed by the defendant, or debts that might be incurred because of illness or other misfortunes within his family. Enrique v. State, 408 So.2d 635 (Fla.3d DCA 1981), pet. for review denied, 418 So.2d 1280 (Fla. 1982); § 27.52(2)(c), Fla....

...Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. The state charged Willie Brown with a number of offenses. The court found him partially insolvent and appointed the public defender to represent him. § 27.52, Fla....

...But see Griggs v. State, 416 So.2d 1270 (Fla. 5th DCA 1982). Therefore, we strike the $67 court costs and the costs of $10, $2, and $1 assessed under section 960.20 and sections 943.25(4) and (8). The First District recently held that a finding of indigency under section 27.52 is not applicable to the costs imposed by sections 960.20 and 943.25, i.e., for the crimes compensation and law enforcement and correctional officers funds....

...5 and 960.20. In light of the conflict of this decision with the decision of the First District in Jenkins and the Fifth District in Griggs, we certify the following question as one of great public importance: DOES AN ADJUDICATION OF INDIGENCY UNDER SECTION 27.52, FLORIDA STATUTES (1981), AUTOMATICALLY BAR ASSESSMENT OF COSTS AGAINST A DEFENDANT PURSUANT TO SECTION 960.20 AND SECTION 943.25(4) and (8)? In reviewing defendant's judgment and sentences imposed in this case, we observed that he was...

...§ 947.13(1)(b), Fla. Stat. (1981). Accordingly, we strike those portions ordering payment of the lien, fine, and surcharge as a condition of parole since they were improper. See Alexander v. State . GRIMES, A.C.J., and CAMPBELL, J., concur. NOTES [1] Section 27.52 governs a court's determination of indigency of any accused person. A person is indigent for purposes of this section if he is unable to pay for the services of an attorney without undue hardship. While 27.52 specifically uses the term "indigency," we have observed that trial courts, in making this determination, frequently refer to "insolvency," the two terms apparently being used interchangeably....

...e imposed without affording the defendant notice and an opportunity to be heard.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012) (citation omitted). I. The $150 public defender’s lien secures two separate statutory impositions. First, under section 27.52(l)(b), Florida Statutes (2010), 2 indigent convicts represented by *986 public defenders are liable for a uniform, mandatory application fee: “An applicant shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed.” Id....

...e of the public defender’s office, a special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or ... has received due process services after being found indigent for costs under s. 27.52.” § 938.29(l)(a), Fla. Stat. In addition, and also without regard to any hearing, such a defendant shall “be liable for payment of the assessed application fee under s. 27.52.” The Legislature requires that this $50 application fee be assessed as part of the sentence pursuant to section 938.29, if not paid prior to disposition of the case. §§ 938.29(l)(a); 27.52(l)(b), Fla. Stat. In sum, reconsidering the question en banc, we recede from any and all decisions holding that sections 938.29(1) and 27.52, Florida Statutes, as amended effective July 1, 2008, require notice and hearing before imposition of a minimum public defender’s lien, i.e., $150 in felony cases or $100 in misdemeanor cases....

...Dodson, 760 So.2d 145, 145-46 (Fla.2000) (holding wrongful imposition of a public defender’s lien does not constitute fundamental error which may be challenged on direct appeal without having been presented to the trial court pursuant to Rule 3.800(b)). . Section 27.52, Florida Statutes (2010), provides in part: (1) APPLICATION TO THE CLERK....

...Effective July 1, 2008, section 938.29(1), Florida Statutes, was amended to provide, as follows: (l)(a) A defendant who is convicted of a criminal act ... and who has received the assistance of the public defender’s office ... shall be liable for payment of the assessed application fee under s. 27.52 and attorney's fees and costs....

...erent set of circumstances existed. Colin had been elected a circuit court judge earlier that month. One of the tests of indigency is that a "person is unable to pay for the services of an attorney without substantial hardship to his or her family." § 27.52(2)(b)2, Fla....

...Defendant then filed a motion seeking review of that order. We ordered a response and directed the parties to address whether the evidence that defendant had transferred assets and income to family members would support the denial of court appointed counsel under section 27.52, Florida Statutes (1997). Defendant has personally responded, as has the Public Defender, the State of Florida, and Palm Beach County. [2] Upon review, we now affirm the findings of the trial court. We begin with the following pertinent provisions from section 27.52: "(2)(b) An accused person ......

...tancy of an interest in any such property. 3. The defendant retained private counsel immediately before or after filing the affidavit asserting indigency pursuant to subsection (1)." The evidence adduced before the trial judge established two of the section 27.52(2)(c) factors creating a presumption of non indigency. At one point Martin was released on bail in the amount of $5,000 or more, and he owns real property in Connecticut. Consequently, there is record evidence to support a presumption of non indigency. Defendant argues on review that he overcame the section 27.52(2)(c) presumption as a matter of law by testifying that he has a personal bankruptcy case pending in the District of Columbia and that the property in Connecticut is the subject of an action to foreclose a mortgage....

...To begin, the evidence code establishes the methodology for consideration of presumptions and the burdens imposed on those who oppose them. [3] Rebuttable presumptions are classified as either affecting the burden of producing evidence, or as affecting the burden of proof. [4] If the section 27.52(2)(c) presumption is one designed merely to facilitate the determination of indigency, it affects the burden of producing evidence. [5] Otherwise, it affects the burden of proof. [6] From the structure and text of section 27.52, it appears to us that the presumption therein states public policy and does not merely facilitate the determination of indigency....

...The single document relating to his bankruptcy case is an order converting the case to a liquidating bankruptcy under chapter 7. [7] The mere fact that one has filed for relief under chapter 7 of the Bankruptcy Code does not by itself establish indigency for purposes of an appeal under section 27.52....

...dency of the bankruptcy case ipso facto establishes post petition indigency. Moreover, bankruptcy connotes insolvency. Under the Bankruptcy Code, insolvency means that one's debts exceed the value of one's property. [10] In contrast, indigency under section 27.52 is related to income or, alternatively, the ability of a defendant to pay for an attorney without substantial hardship to the defendant's family. [11] Thus, without more, mere insolvency under bankruptcy law cannot be equated with indigency under section 27.52. So too with the foreclosure. Knowing that a foreclosure proceeding is pending with regard to real property owned by a defendant in a criminal case hardly establishes the section 27.52(2)(b) standard for indigency....

...Finally we address the question of transfers of property and income by Martin to family members, including his mother. Here, we must separate the right to counsel, which all criminal defendants have, from the right to have the public pay for that counsel, which only the truly needy have. We do not believe that section 27.52 allows transfers of property and money by a defendant to family members in order to create the insolvency required for court-appointed counsel....

...NOTES [1] See Fla.R.App.P. 9.430 (party claiming right of appeal without prepayment of costs and fees shall file motion in trial court). [2] Martin complains of the participation of the County's attorney in the proceedings below and in this court. He argues that section 27.52 creates no role for a county in indigency proceedings....

...§ 1307(c) (1994). [8] See 11 U.S.C. § 541(a)(1) (1994) (property of the estate consists of all legal and equitable interests of the debtor as of the commencement of the case). [9] See 11 U.S.C. § 522 (1994). [10] See 11 U.S.C. § 101(32) (1994). [11] See § 27.52(2)(b), Fla....

R.M.P. v. Jones, 419 So.2d 618 (Fla.1982). Section 27.52(2)(d), Florida Statutes (1981), provides in

...The defendant, charged with burglary of a dwelling with a battery therein, sought appointed counsel at arraignment. His affidavit, however, showed a weekly income of $190.00 with one dependent, resulting in a presumption that he was not indigent pursuant to section 27.52, Florida Statutes (1983), which provides, in pertinent part: (1) The determination of indigency of any accused person shall be made by the court at any stage of the proceedings....

...An attorney was appointed to represent Siplen at sentencing, since by that time he was no longer employed. On appeal Siplen argues that the court erred in refusing to appoint trial counsel for him and, more specifically, in failing to consider the circumstances enumerated in section 27.52(2)(c)(1), above....

...on can only be made after a full and complete inquiry concerning the defendant's financial circumstances, taking into account the cost of obtaining counsel in respect to the particular case; and the prima facie evidence of non-indigency set forth in Section 27.52, Florida Statutes (1979), cannot by itself be employed to deny court-appointed counsel to an accused....

...found Mahone entitled to counsel. It further stated, "Should he [Mahone] desire the appointment of counsel, he must submit an application for a determination of indigent status." The record does not reflect whether Mahone filed such an application. Section 27.52(1), Florida Statutes, requires that "a person seeking appointment of a public defender ......

...s outside the milieu of the trial court. The better practice, when such an application is not filed as directed, would be to set a status conference once the defendant is returned to the jurisdiction of the trial court to address the requirements of section 27.52(1)....

...ng the public defender. Florida law requires a public defender to represent indigent defendants but a court "may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent." § 27.51(2), Fla. Stat (2003). Section 27.52 defines indigent, for the purposes of this section, as a person who "is unable to pay for the services of an attorney without substantial hardship to his or her family." § 27.52(2)(b)2....

...nt has been released on bond of greater than $5,000; (2) the defendant "owns, or has equity in, any ... tangible... real property"; or (3) the defendant "retained private counsel immediately before or after filing the affidavit asserting indigency." § 27.52(2)(c)....

...individualized determinations about a criminal defendant’s financial situation on a large scale. The State already has a procedure by which criminal defendants can attest to their income and assets in order to determine whether they qualify for a public defender. See Fla. Stat. § 27.52(1)(a); cf....

...At the sentencing proceeding the judge, in open court and before Jenkins and his counsel, imposed the costs. He then found Jenkins indigent and appointed the public defender to represent him on appeal. It is not apparent that these are inconsistent. Section 27.52, Florida Statutes (1981), establishes the criteria for a determination of indigency....

...insolvency in open court. The trial court must find that the defendant is wholly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section 27.52 is not applicable to the costs imposed by Sections 960.20 and 943.25(4)....

...for determination of indigent status forms for use by clerks of court, in accordance with newly enacted legislation. We have jurisdiction. Art. V, §§ 2(a), 15, Fla. Const.; R. Regulating Fla. Bar 10-2.1(a). In response to 2004 legislation amending section 27.52(1), Florida Statutes (2004), the Court previously developed and approved for use by clerks of the circuit courts an affidavit of indigent status form to be used in both civil and criminal proceedings. See In re Approval of Form for Use by Clerks of the Circuit Courts Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar, 877 So.2d 720 (Fla. *195 2004); see also § 27.52(1), Fla....

...More recently, in In re Amendments to the Florida Rules of Criminal Procedure—Conform Rules to 2004 Legislation, 900 So.2d 528 (Fla.2005), the Court adopted the affidavit of indigent status form as Florida Rule of Criminal Procedure 3.984. During the 2005 regular session, the Legislature again amended section 27.52 and created section 57.082, Florida Statutes, which require a person seeking to be declared indigent in a criminal or civil proceeding to apply to the clerk of court for determination of indigent status using an application form "developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court." See ch. 2005-236, § 3, Laws of Fla. (amending § 27.52, Fla....

...I have been released on bail in the amount of $____. Cash ______ Surety ____ Posted by: Self ____ Family ____ Other ____ A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 27.52, F.S....

...clerk to be Not Indigent, you may seek judicial review at your next scheduled court appearance. CLERK'S DETERMINATION ______ Based on the information in this Application, I have determined the applicant to be () Indigent () Not Indigent pursuant to s. 27.52, F.S....

...leted with the assistance of ________________________, Clerk/Deputy Clerk. ================= DETERMINATION OF INDIGENT STATUS Based on the information in this Affidavit, I have determined that the applicant is () Indigent () Not Indigent pursuant to section 27.52, F.S....

...I have been released on bail in the amount of $ _________, Cash ___ Surety ____ Posted by: Self ____ Family ____ Other ____ A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 27.52, F.S....

...he clerk to be Not Indigent, you may seek judicial review at your next scheduled court appearance. CLERK'S DETERMINATION ____ Based on the information in this Application, I have determined the applicant to be () Indigent () Not Indigent pursuant to s. 27.52, F.S....

...der is appointed, a lien for the services rendered by the public defender may be imposed under section 27.56, Florida Statutes; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52, Florida Statutes....

...Florida does not dispute this factual finding. 6 Brennan Center Report at 6. Florida does not waive the fee even if an applicant is found to be indigent and therefore entitled to a public defender. Id. at 7; see generally Fla. Stat. § 27.52(1)(b). 194  Case: 20-12003 Date Filed: 09/11/2020 Page: 195 of 200 Neither the extent of LFOs nor the inability of Floridians with felony convictions to pay them was a mystery to Florida’s legislature....

inconsistent with the guidelines established by section 27.52, Florida Statutes (1979). The accused shall

...We therefore reverse and remand for a new trial. In the event the defendant again contends he is indigent and seeks appointed counsel, we commend the trial court's attention to the case of Siplen v. State, 473 So.2d 793 (Fla. 5th DCA 1985), which discusses the relevant factors under section 27.52, Florida Statutes (1983), required to be considered in a determination of indigency....

...l affidavit filed by Ogden in his divorce proceeding several years earlier. However, Ogden's current financial statement and explanation that his bond was posted by his parents sufficiently overcame the statutory presumption of solvency explained in section 27.52, Florida Statutes (1993)....

...er attorney’s fees. 2 Because Dabel did not receive notice of the trial court’s intent to impose public defender attorney’s fees, we strike this $300 fee. Dabel’s $50 public defender application fee, however, falls under a different statute, section 27.52(l)(b), which states, “An applicant shall pay a $50 application fee to the clerk for each application for court-appointed counsel.” § 27.52(l)(b), Fla....

...To clarify, the notice requirement discussed in Smith and appearing in section 938.29(5) and rule 3.720(d), applies to public defender attorney’s fees only. The public defender application fee is statutorily mandated and therefore does not require notice of intent to impose it. § 27.52(l)(b), Fla....

...ally to subpoena a critical witness (the female co-worker). Although this was Mr. Hem-esath’s first and only motion for continuance, the trial court denied the motion, on the ground that Mr. Hemesath had not timely filed a financial affidavit, see § 27.52(l)(f), Fla....

...“representing” a defendant. Section 27.51(1)(a), Florida Statutes (2001), provides in pertinent part that “[t]he public defender shall represent . . . any person who is determined by the court to be indigent as provided in s. 27.52 and who is ....

...“[b]efore appointing a public defender, the court shall . . . make inquiry into the financial - 19 -  status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath.” Finally, the rules provide that the court shall “require the accused to execute an affidavit of insolvency as required by section 27.52, Florida Statutes.” Fla....

the Public Defender in this cause pursuant to F.S. 27.52, it is

...der is appointed, a lien for the services rendered by the public defender may be imposed under section 27.56, Florida Statutes; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52, Florida Statutes....

...ellant for copying documents designated for submission in criminal proceedings. Along with his petition, appellant filed an “Application for Civil Indigent Status.” Appellant erroneously utilized an application for criminal indigent status under section 27.52, Florida Statutes (striking out the word “criminal” in the title and penciling in “civil”)....

...ORFINGER, Judge. We reverse the judgment of conviction and remand the case for a new trial because the trial court erred when it determined that defendant was not indigent and refused to appoint counsel without inquiring into the circumstances set forth in section 27.52(2)(c), Florida Statutes (1985)....

...State, 473 So.2d 793 (Fla. 5th DCA 1985). The defendant had advised the court that he had been unable to retain an attorney because he could not raise the required retainer fee, but the court considered only the fact that defendant earned more than $100 per week, section 27.52(2)(b)(2), and did not inquire into the probable expense and burden of defending the case, section 27.52(2)(c)(1), or the other circumstances listed in subsection (c), all of which must be considered in determining whether a defendant is indigent. How much a defendant earns is only one of the factors to be considered in determining indigency. The statute mandates that the circumstances itemized in section 27.52(2)(c) be considered as well....

...orida Statutes, and a $10 surcharge pursuant to section 938.04, Florida Statutes, without giving Appellant notice and an opportunity to be heard. See § 938.29(1)(a), Fla. Stat. (2014) (mandating a $100 minimum public defender lien per felony case); § 27.52(1)(b), Fla....

...(2014) (authorizing the imposition of fines); § 938.04, Fla. Stat. (2014) (providing for a court cost of a five-percent surcharge); Odom v. State, 187 So.3d 324, 325 (Fla. 1st DCA 2016) (explaining that “[p]ursuant to sections *641 938.29(1)(a) and 27.52, the Legislature has required the imposition of a minimum fee of $100 for- the assistance of the public defender’s office and a $50 application fee....

...2 afford two attorneys. Jackson maintained that failure to appoint Moss would violate his rights to due process and equal protection under Florida and Federal Constitutions. JAC objected to Moss’s appointment, contending that section 27.52(5)(h), Florida Statutes, bars the appointment of a lawyer when a defendant has privately retained and paid counsel....

...5 requirements of law in appointing a private attorney to serve as co-counsel where Jackson is represented by a privately retained and paid attorney. Specifically, JAC argues that Moss’s appointment is contrary to the plain language of section 27.52(5)(h), Florida Statutes (2022), which provides as follows: “The court may not appoint an attorney paid by the state based on a finding that the defendant is indigent for costs if the defendant has privately retained and paid counse...

...court did not depart from the essential requirements of law in appointing Moss because section 27.51(2), Florida Statutes (2022), permits the trial court to appoint private counsel where the defendant is not indigent and therefore conflicts with section 27.52(5)(h)....

...Here, where the State has filed a notice of intent to seek the death penalty, section 6 27.51(2), which specifically addresses the appointment of private counsel in capital cases, applies over the general statement set forth in section 27.52(5)(h). Our analysis does not end here, because section 27.51(2) directs that in capital cases, the court “may appoint private counsel ....

...The Florida Clerks of Court Operations Corporation has submitted for the Court’s approval a revised Application for Criminal Indigent Status form. We have jurisdiction. Art. V, §§ 2(a), 15, Fla. Const.; R. Regulating Fla. Bar 10-2.1(a). Sections 27.52 and 57.082, Florida Statutes (2008), require a person seeking to be declared indigent in a criminal or civil proceeding to apply to the clerk of court for determination of indigent status using an application form “developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.” § 27.52(1), Fla....

...Due to a recent legislative change, the Clerks Corporation has revised the “Notice to Applicant” portion of the Application for Criminal Indigent Status form to reflect an application fee of $50.00, rather than a $40.00. See ch. 2008-111, § 4, Laws of Fla. (amending § 27.52(l)(b), Fla....

...letion of legal forms approved by this Court. However, only clerks of court and third parties with whom the clerk has- contracted to perform functions assigned by the clerk are authorized to assist individuals in completion of the approved form. See § 27.52(l)(e)(l), Fla....

...2525, 45 L.Ed.2d 562 (1975). But we agree with Ramirez's assertion that the court should not have permitted the public defender to withdraw from his representation. Determinations of indigency for purposes of appointing counsel in criminal proceedings are governed by section 27.52, Florida Statutes (1997). Section 27.52(2)(b) provides that an accused is indigent if: 1....

...t $10,610 per year. U.S. Department of Health and Human Services Federal Poverty Guidelines, 62 Fed.Reg. 10856-10859 (1997). Clearly, then, Ramirez's uncontradicted evidence proved his indigency under the objective standard contained in subparagraph 27.52(2)(b)1., and most assuredly met the more subjective test set forth in subparagraph 2. The sole basis for the court's finding that Ramirez was not indigent was section 27.52(2)(c)1., Florida Statutes (1997), which creates a presumption that a defendant is not indigent if he has been released on bail in the amount of $5,000 or more....

...The court's reliance on that presumption was erroneous for two reasons. First, the presumption was not conclusive. Standing alone, it was not sufficient to support a determination of nonindigency in the face of unrebutted proof that Ramirez was indigent as defined in section 27.52(2)(b)1....

...e. I understand the right of this child to an attorney and as the. of this child I consent to a waiver of this right. Date: . ORDER ASSESSING ATTORNEY’S FEE The child herein, having been represented by the Public Defender in this cause pursuant to Section 27.52, Florida Statutes, it is ORDERED AND ADJUDGED that a reasonable attorney’s fee for services rendered by the Public Defender to the child in this cause is $.and that said fee is hereby assessed against ., the father, and., the mother, in favor of the State of Florida....

...a clear and unequivocal statement sufficient to show that his waiver of the services of an attorney was knowingly and intelligently given. In addition, although we acknowledge a trial judge is not obligated to make a determination of indigency under Section 27.52, Florida Statutes (1987), unless an accused person “claims indigency," we are of the view that the above remarks sufficiently made the necessary claim, and obligated the judge to inquire further in order to determine whether public counsel should have been appointed....

PER CURIAM. In 2004, the Legislature amended section 27.52, Florida Statutes, Determination of Indigence, to provide that the circuit court clerks shall use “a form developed by the Supreme Court” to determine indigen-cy for purposes of appointing the public defender or a private attorney or “any other due process services.” See Ch.2004-265, § 9, at 14, Laws of Fla. 1 Section 27.52 was also amended to require the clerk of court to assist a person who appears before the clerk and requests assistance in completing the form....

...ut the blank below.) This form was completed with the assistance of__, Clerk/Deputy Clerk. DETERMINATION OF INDIGENT STATUS Based on the information in this Affidavit, I have determined that the applicant is ( ) Indigent ( ) Not Indigent pursuant to section 27.52, F.S....

appointment of counsel was an “unauthorized by section 27.52, Florida Statutes (1989), and was thus a nullity

...pay $.the Victim's Crime Compensation Trust Fund fee, under section 938.03, Florida Statutes; . pay $. the Teen Court cost, under section 938.19, Florida Statutes (if authorized by county ordinance); . pay $., the Public Defender application fee, under section 27.52, Florida Statutes; ....

...anticipated defense costs. The trial court denied the petitioner’s motion for an evidentiary hearing to reconsider his status in light of this new information. The determination of indigency for the purpose of appointment of counsel is governed by section 27.52, Florida Statutes (1993), and Rule 3.111, Florida Rules of Criminal Procedure (1994)....

...The power to appoint carries with it the power to revoke the appointment if the criteria for appointment cease to be met. State v. Ull, 642 So.2d 721 (Fla.1994). Before removing the public defender upon a finding that the defendant is no longer indigent, the court must consider the factors set forth in section 27.52. Porteous v. State, 582 So.2d 130 (Fla. 2d DCA1991). Those factors include “the probable expense and burden of defending the case.” § 27.52(2)(c)l, Fla.Stat....

indigency to conform to recent amendments to section 27.52, Florida Statutes (1999). RULE 14-5.3 (FEE ARBITRATION

985.203(2), ■ Fla. Stat. (2004). Pursuant to section 27.52(6): A nonindigent parent or legal guardian of

...The Committee proposes amendments to rule 3.111 (Providing Counsel to Indigents); rule 3.220 (Discovery); and rule 3.670 (Rendition of Judgment); and proposes new rule 3.984 (Affidavit of Indigent Status). We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.130(e). In response to recent changes to section 27.52, Florida Statutes, 1 the Committee proposes amendments to rules 3.111 and 3.220 and recommends that the Court adopt, as a rule of criminal procedure, the affidavit of indigent status form approved by the Court for use by the clerks of t...

...In light of the July 1, 2004, effective dates of the legislation 3 necessitating the rule amendments, the Committee’s proposals were not published for comment prior to consideration by the Court. AMENDMENTS Rule 3.111(b)(5)(C) currently provides that an affidavit of insolvency must be executed “in the format provided by section 27.52, Florida Statutes.” The 2004 revisions to section 27.52(1) provide that the circuit court clerks shall use “a form developed by the Supreme Court” to determine indigency. See ch. 2004-265, § 9, at 959, Laws of Fla. To conform the wording of rule 3.111(b)(5)(C) to the revised statute, we amend the rule to “require the accused to execute an affidavit of insolven *529 cy as required by section 27.52, Florida Statutes.” We also adopt, as new rule 3.984 (Affidavit of Indigent Status), the affidavit of indigent status form the Court recently approved for use by the clerks of the circuit courts in response to amendments to section 27.52....

...der is appointed, a lien for the services rendered by the public defender may be imposed under section 27.56, Florida Statutes; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency in the-format provided as required by section 27.52, Florida Statutes....

...rvices rendered by the, public — d&fendnrcounsel may be imposed under section 27.56rF-lorida Statutes as provided by law; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency as required by section 27.52, Florida Statutes....

...Florida does not dispute this factual finding. 6 Brennan Center Report at 6. Florida does not waive the fee even if an applicant is found to be indigent and therefore entitled to a public defender. Id. at 7; see generally Fla. Stat. § 27.52(1)(b). 194  Case: 20-12003 Date Filed: 09/11/2020 Page: 195 of 200 Neither the extent of LFOs nor the inability of Floridians with felony convictions to pay them was a mystery to Florida’s legislature....

...rst denied the present request as “unreasonable and unnecessary”, apparently concluding that the entire transcript was unnecessary. Later it entered an order denying his motion on the grounds that appellant was not indigent within the meaning of section 27.52, Florida Statutes (1989). He seeks review of this order. The state has not filed a response. We hold it was error to deny partial indigency status. While it appears through the financial affidavit that appellant’s income level met the criteria of 27.52(b) the trial court did not consider section 27.-52(c)l, the probable expense and burden of defending the case....

...We grant the petition for the alternative writ of certiorari. The question here is petitioner’s right to counsel on appeal because of her indigency. The transcript of the hearing before the trial court reflects that all of the statutory criteria contained in section 27.52, Florida Statutes (1985) were not considered....

...Likewise, the post-acquittal determination of indigency as applied retrospectively to costs incurred during the preceding prosecution improperly circumvented *479 the established statutory procedure whereby an accused indigent may obtain legal and investigative services through the public defender system. Although section 27.52, Florida Statutes (1987), states that a determination of indi-gency for an accused person may be made at any stage of the proceedings, that statute does not authorize the procedure used by the trial court....

...; no prospective application is contemplated because the prosecution has been concluded and the defendant has been discharged, and no retrospective application can be permitted since the defendant is no longer an accused person within the meaning of section 27.52....

...In this Anders1 appeal, we affirm Jevaris N. Dortch’s judgment and sentence in every respect except one. We reverse the assessment of the $100 public defender application fee and remand 1 Anders v. California, 386 U.S. 738 (1967). for the reduction of that fee to $50. See § 27.52(1)(b), Fla....

affidavit setting out the matters referenced in section 27.52, Florida Statutes, is required as a predicate

...of this child I consent to a waiver of this right. Date:………. --------------- ORDER ASSESSING ATTORNEY’S FEE The child herein, having been represented by the Public Defender in this cause pursuant to section 27.52, Florida Statutes, it is ORDERED AND ADJUDGED that a reasonable attorney’s fee for services rendered by the Public Defender to the child in this cause is $.............

...et; (2) delete the two duplicative $50 public defender application fees from the costs order in case no. 17-CF-1750; and (3) apply those $50 public defender application fees to the costs orders in case nos. 19-CF-562 and 19-CF-585, respectively. See § 27.52(1)(b), Fla....

...l cases originating in 2004. An order appointing the public defender was entered based on that affidavit. In the written sentences, the trial court ordered Soeldner to pay the statutory application fee of $40 in each of the four cases. See generally § 27.52(2)(a), Fla. Stat. (2004). In the rule 3.800(b)(2) motion, Soeldner argued that the fee should be assessed only once, as the appointment was based on a single affidavit. Section 27.52(2)(a), Florida Statutes (2004), which was in effect when Soeldner sought appointment of the public defender, reads in pertinent part: Any person applying for appointment of a public defender or private attorney or any other due process...

...esentation. Some months later, the state entered a nolle prosequi of the charges. At a hearing, the trial court, sua sponte, ordered that $500 of the $750 cash appearance bond Tundidor had posted be used to pay his attorney’s fees. This was error. Section 27.52(3), Florida Statutes (1989), states that a judge may reverse a previous finding of indigency upon proper evidence, and the state may then proceed with an action to recover attorney’s fees....

involves a determination of insolvency pursuant to Section 27.52, Florida Statutes (1979). The trial court applied

...Therefore, section 27.51(2) Florida Statutes, prevents the appointment of the Public Defender for the purpose of appeal. The father of the juvenile, after the trial court ruled on indigency, decided not to proceed with an appeal in this matter. Before merely dismissing this appeal, we should decide whether section 27.52(2)(d), Florida Statutes binds the parents to fund an appeal which they believe, for whatever reason, is inappropriate. We believe that, except under unusual circumstances not apparent from this record, that the parents, as natural guardians of the child, are free to make this decision. We recognize that section 27.52(2)(d) provides: A nonindigent parent or legal guardian of a dependent person under the age of 18 years shall furnish such person with the necessary legal services and costs incident to a delinquency proceeding in which the person has a...

...Therefore, section 27.51(2) Florida Statutes, prevents the appointment of the Public Defender for the purpose of appeal. The father of the juvenile, after the trial court ruled on indi-gency, decided not to proceed with an appeal in this matter. Before merely dismissing this appeal, we should decide whether section 27.52(2)(d), Florida Statutes binds the parents to fund an appeal which they believe, for whatever reason, is inappropriate. We believe that, except under unusual circumstances not apparent from this record, that the parents, as natural guardians of the child, are free to make this decision. We recognize that section 27.52(2)(d) provides: A nonindigent parent or legal guardian of a dependent person under the age of 18 years shall furnish such person with the necessary legal services and costs incident to a delinquency proceeding in which the person has a...

the statutory priority assignment provided in section 27.52(1)(d), Florida Statutes, apply when the fee

...The child must: . pay $.the Crime Compensation Trust Fund fee, under section 938.03. Florida Statutes: . pay $.the Teen Court cost, under section 938.19. Florida Statutes (if authorized by county ordinance): *310 . pav $.the Public Defender application fee, under section 27.52....

...nd burden of defending the case. Section 39.041(1), Florida Statutes (1991) provides that if a child and his parents or other legal guardian are indigent and unable to employ counsel for the child, the court shall appoint counsel for him pursuant to section 27.52, and that the determination of indigency shall be as provided by sections 27.52 and 27.56. Section 27.52(1) requires one claiming indigency to file an affidavit, and section 27.52(2) lists the information to be included in such an affidavit. According to section 27.52(2)(b), the existence of any of the following shall create a presumption of non-indigency: 1....

...The defendant has no dependents and his gross income exceeds $100 per week; or, if the defendant has dependents, his gross income exceeds $100 per week plus $20 per week for each of the first two dependents of the defendant and $10 per week for each additional dependent. 3. The defendant owns cash in excess of $500. Further, section 27.52(2)(c) requires the court to consider the following additional circumstances in determining whether a defendant is indigent: 1....

...responsible for furnishing their dependents with the necessary legal services and costs incident to delinquency proceedings. Only where a non-indigent parent fails or refuses to furnish such legal services may a court appoint a public defender. See § 27.52(2)(d), Fla....

...t has the burden of rebutting that presumption. Slater v. State, 356 So.2d 69 (Fla. 1st DCA 1978). There is also a statutory presumption that Arnold is not indigent by reason of the fact that he was released on bail in an amount exceeding $5,000.00. § 27.52(2)(b), Fla.Stat....

...schedule.” Based on this exchange, we presume the private conflict attorney and the circuit court may have been referring to the amount by which the private conflict attorney was to be compensated by contract with the Justice Administrative Commission (“JAC”). See § 27.52(5)(f), Fla. Stat....

...As soon as we get the order back from the court, assuming the court authorizes that I do so, I will ship the records out to you. As explained in the letter, counsel filed with the trial court a Request for Permission to Relinquish Record on Appeal to Defendant. Therein, counsel set 1 Section 27.52(5), Florida Statutes, which addresses being declared indigent for costs, provides in part that a “person who is eligible to be represented by a public defender ....

triggered the presumption of solvency under section 27.52(2)(b)3, Florida Statutes (1981). The state noted

of Appellate Filing Fee” in accordance with section 27.52(5), Florida Statutes (2012), along with the

income, and since net income is defined in section 27.52(1)(a)1. as “consisting of total salary and wages

court ordered him to pay the cost pursuant to section 27.52(6), Florida Statutes (2015), which does not

court ordered him to pay the cost pursuant to section 27.52(6), Florida Statutes (2015), which does not

importance: DOES AN ADJUDICATION OF INDI-GENCY UNDER SECTION 27.52, FLORIDA STATUTES (1981), AUTOMATICALLY BAR

Keetley declared indigent for costs pursuant to section 27.52(5), Florida Statutes (2014).1 The trial court

Keetley declared indigent for costs pursuant to section 27.52(5), Florida Statutes (2014).1 The trial court

currently employed is contrary to the provisions of section 27.52(l)(a), Florida Statutes (1997), and Florida

if necessary, seek review in this court. See § 27.52(4), Fla. Stat. (2016); Fla. R. App. P. 9.430(a)

to prove his indigency to the Court. Fla.Stat. § 27.52, F.S.A., describes the procedure for the determination

assessed in each case for this application fee. See § 27.52(1)(b), Fla. Stat. (2024) (“An applicant shall pay

the Indigent Criminal Defense Fee pursuant to section 27.52, Florida Statutes (2009)—once in the amount

is determined to be indigent as provided in section 27.52, Florida Statutes, and who is: (a) Under arrest

was ordered to pay certain costs and fees.”); § 27.52(1)(b)1., Fla. Stat. (2019) (authorizing the court

amount of the public defender application fee. Section 27.52(1)(b), Florida Statutes, specifies that there

of the assessed application fee under [section] 27.52 and attorney’s fees and costs. Attorney’s

of the statutory amount of $50 pursuant to section 27.52(1)(b), Florida Statutes. See Alexis v. State

Public Defender application fee, under section 27.52, Florida Statutes; .....

not indigent.” § 27.51(2), Fla. Stat. (2003). Section 27.52 defines indigent as a person who “is unable

the Public Defender application fee, under section 27.52, Florida Statutes; ..... pay $ .......

court, that the county may proceed, pursuant to section 27.52(3), Florida Statutes (1987), directly against

inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond

LaTorre was not indigent and denied his motion. Section 27.52(3), Florida Statutes (2008), provides: APPOINTMENT

and a $40 Indigent Criminal Defense Fee under section 27.52, Florida Statutes (2007). The circuit court

29.006 and 29.007, funded by the state. § 27.52(5), Fla. Stat. (2016). Accordingly, a criminal

written consideration of the factors pursuant to section 27.52(4), Florida Statutes, this Court cannot properly

considering each of the factors articulated in section 27.52 in order to achieve "as complete a financial

Indigent Criminal Defense Trust Fund under section 27.52, Florida Statutes? You state that the Office

determination of indigency pursuant tounder section 27.52, Florida Statutes. (5) The court