The 2023 Florida Statutes (including Special Session C)
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. . . If the defendant has paid any taxable costs, or fees required under s. 27.52(1)(b), in the case, the . . . are not a cost or fee of "the court or any ministerial office," nor are they a fee "required under s. 27.52 . . .
. . . is equivalent to two percent of her monthly net income, and since net income is defined in section 27.52 . . . to pay if the amount does not exceed 2 percent of the person's annual net income, as defined in s. 27.52 . . . benefits are matters which are to be considered in determining whether a party is indigent under section 27.52 . . .
. . . 1st DCA 2015) (en banc) ("[W]e recede from any and all decisions holding that sections 938.29(1) and 27.52 . . .
. . . authorized by county ordinance); ..... pay $-.........., the Public Defender application fee, under section 27.52 . . .
. . . defender shall represent ... any person who is determined by the court to be indigent as provided in s. 27.52 . . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . that the court shall "require the accused to execute an affidavit of insolvency as required by section 27.52 . . .
. . . (per hour) HHHH)(per hour) Daily 8 J.D. 510 hours $69.12 $34.12 $27.52 (JD 510B) Weekly 40 Hours $64.25 . . .
. . . See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis v. . . . See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis, 211 So.3d at 83. . . .
. . . October 2014, Attorney Goudie moved to have Keetley declared indigent for costs pursuant to section 27.52 . . .
. . . If the defendant has paid any taxable costs, or fees required under s. 27.52(1)(b), in the case, the . . .
. . . Plaintiff also attempts to cite Florida Statutes sections 27.52, 27.5303, and 733.37, all of which are . . . Section 27.52 of the Florida Statutes provides for the determination of indigent status for purposes . . . Stat, §§ 27.52, 27.5303, and 733.37 (2017). . . . It may be that plaintiff, residing in a prison in Florida, was attempting to cite to sections 27.52, . . .
. . . The trial court ordered him to pay the cost pursuant to section 27.52(6), Florida Statutes (2015), which . . . Section 27.52(6) addresses the duties of a nonindigent parent or legal guardian, but it does not authorize . . .
. . . . § 27.52(l)(b), Fla. Stat. (2015). . . . Section 27.52(l)(b) provides that the defendant "shall pay” the fee "to the clerk .... within 7 days . . .
. . . . § 27.52(5), Fla. Stat. (2016). . . . Section 27.52(5) sets forth those factors that are to be considered by a trial court in determining whether . . .
. . . application fee in excess of the’ minimum statutory amount, and held: Pursuant to sections 938.29(l)(a) and 27.52 . . .
. . . Stat. (2014) (mandating a $100 minimum public defender lien per felony case); § 27.52(1)(b), Fla. . . . State, 187 So.3d 324, 325 (Fla. 1st DCA 2016) (explaining that “[p]ursuant to sections 938.29(1)(a) and 27.52 . . .
. . . Pursuant to sections 938.29(l)(a) and 27.52, the Legislature has required the imposition of a minimum . . .
. . . information to the clerk or the court in seeking a determination of indigent status under s-recfion 27.52 . . .
. . . false information to the clerk or the court in seeking a detennination of indigent status under s. 27.52 . . .
. . . First, under section 27.52(l)(b), Florida Statutes (2010), indigent convicts represented by public defenders . . . any hearing, such a defendant shall “be liable for payment of the assessed application fee under s. 27.52 . . . sentence pursuant to section 938.29, if not paid prior to disposition of the case. §§ 938.29(l)(a); 27.52 . . . Section 27.52, Florida Statutes (2010), provides in part: (1) APPLICATION TO THE CLERK. — A person seeking . . . the public defender’s office ... shall be liable for payment of the assessed application fee under s. 27.52 . . .
. . . Determination of Indi-gency for Costs and for Waiver of Appellate Filing Fee” in accordance with section 27.52 . . . A party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect . . .
. . . Section 27.52(5), Florida Statutes, which addresses being declared indigent for costs, provides in part . . .
. . . provides in pertinent part that “[a] party who has obtained a certification of indigence pursuant to s. 27.52 . . .
. . . Smith’s indigence, the trial court’s appointment of counsel was an “unauthorized by section 27.52, Florida . . .
. . . In the event that a defendant is determined to be indigent pursuant to s. 27.52, the public defender . . .
. . . Appellant erroneously utilized an application for criminal indigent status under section 27.52, Florida . . .
. . . Statutes (if authorized by county ordinance); . pay $., the Public Defender application fee, under section 27.52 . . .
. . . Statutes (if authorized by county ordinance): . pav $.the Public Defender application fee, under section 27.52 . . .
. . . If the defendant has paid any taxable costs, or fees required under s. 27.52(l)(b), in the case, the . . .
. . . Dabel’s $50 public defender application fee, however, falls under a different statute, section 27.52( . . . applicant shall pay a $50 application fee to the clerk for each application for court-appointed counsel.” § 27.52 . . . application fee is statutorily mandated and therefore does not require notice of intent to impose it. § 27.52 . . .
. . . provide legal services, without additional compensation, to any person determined to be indigent under s. 27.52 . . .
. . . Pacts On June 4, 2010, Smith sold 27.52 grams of 99% pure methamphetamine for $2,500 to Special Agent . . .
. . . record shows that the trial court twice imposed the Indigent Criminal Defense Fee pursuant to section 27.52 . . . This fee is assessed per application for counsel, see § 27.52(l)(b) (imposing the fee “for each application . . . the court to strike as duplica-tive the separate “judgment for fine and costs” pursuant to section 27.52 . . .
. . . defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 . . .
. . . assistant public defender ... shall be liable for payment of the assessed application fee under s. 27.52 . . .
. . . defender shall represent ... any person who is determined by the court to be indigent as provided in s. 27.52 . . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . that the court shall “require the accused to execute an affidavit of insolvency as required by section 27.52 . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . inquiry under oath; (C) require the accused to execute an affidavit of insolvency as required by section 27.52 . . .
. . . ’s motion styled “Motion for Production of State’s Prosecutorial File Pursuant to Stat. 119.01, and 27.52 . . .
. . . Section 27.52(1), Florida Statutes, requires that “a person seeking appointment of a public defender . . . defendant is returned to the jurisdiction of the trial court to address the requirements of section 27.52 . . .
. . . delinquency proceedings: Determination of indigence and costs of representation shall be as provided by ss. 27.52 . . .
. . . were $2 for the Criminal Justice Education Fund and a $40 Indigent Criminal Defense Fee under section 27.52 . . .
. . . Section 27.52(3), Florida Statutes (2008), provides: APPOINTMENT OF COUNSEL ON INTERIM BASIS. — If the . . . We remand for the clerk to make a determination under section 27.52, Florida Statutes (2008). . . . See § 27.52(2)(a)(2), Fla. Stat. (2008). Affirmed and remanded with instructions. . . .
. . . counsel may be appointed to assist the movant upon a determination of indigency pursuant to section 27.52 . . . See § 27.52(1), Fla. Stat. (2009). . . . and upon making the appropriate' finding of indigencea determination of indigency pursuant to section 27.52 . . .
. . . See §§ 27.52(4)(a); (5)(b)3., Fla. Stat. (2008). . . . Instead, the trial court is tasked with considering each of the factors articulated in section 27.52 . . .
. . . Sections 27.52 and 57.082, Florida Statutes (2008), require a person seeking to be declared indigent . . . by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.” § 27.52 . . . (amending § 27.52(l)(b), Fla. Stat. (2007)). . . . See § 27.52(l)(e)(l), Fla. Stat. (2008). . . . .
. . . immediately added a $40.00 “public defender application fee imposed as a civil judgment” pursuant to section 27.52 . . .
. . . . §§ 27.52 and 1.1310. . . .
. . . action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 . . .
. . . Each subdivision was further amended to comply with statutory amendments to section 27.52, Florida Statutes . . .
. . . defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 . . . the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27.52 . . .
. . . approval”, pursuant to chapter 2005-236, sections 3 and 35, Laws of Florida (now codified as sections 27.52 . . .
. . . $2.00 to the Criminal Justice Education Fund, a $40.00 Indigent Criminal Defense Fee as required by s. 27.52 . . .
. . . .” § 27.52(2)(b)2, Fla. Stat. (2003). . . .
. . . held that a lien could be imposed on the authority of general indigency statutes, sections 57.081 and 27.52 . . . the clerk of the circuit court certified that appellant was indigent pursuant to sections 57.081 and 27.52 . . .
. . . action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 . . . action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 . . . Both sections 27.52 and 57.082 provide that a person seeking relief from the payment of court costs due . . . 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 . . .
. . . See generally § 27.52(2)(a), Fla. Stat. (2004). . . . Section 27.52(2)(a), Florida Statutes (2004), which was in effect when Soeldner sought appointment of . . .
. . . Section 27.52 defines indigent 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. . . .
. . . In response to 2004 legislation amending section 27.52(1), Florida Statutes (2004), the Court previously . . . Pursuant to Rule 10-2.1 (a) of the Rules Regulating the Florida Bar, 877 So.2d 720 (Fla. 2004); see also § 27.52 . . . During the 2005 regular session, the Legislature again amended section 27.52 and created section 57.082 . . . (amending § 27.52, Fla. Stat.); ch. 2005-236, § 35, Laws of Fla. (creating § 57.082, Fla. Stat.). . . . false information to the clerk or the court in seeking a determination of indigent status under s. 27.52 . . .
. . . In response to recent changes to section 27.52, Florida Statutes, the Committee proposes amendments to . . . currently provides that an affidavit of insolvency must be executed “in the format provided by section 27.52 . . . The 2004 revisions to section 27.52(1) provide that the circuit court clerks shall use “a form developed . . . amend the rule to “require the accused to execute an affidavit of insolvency as required by section 27.52 . . . recently approved for use by the clerks of the circuit courts in response to amendments to section 27.52 . . .
. . . Admin. 2.050 (2003); §§ 27.52 and 27.56, Fla. Stat. (2003). . . .
. . . indigent and unable to employ counsel for the child, the court shall appoint counsel pursuant to s. 27.52 . . . child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.52 . . . Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29.... § 985.203(2), ■ Fla . . . Pursuant to section 27.52(6): A nonindigent parent or legal guardian of an applicant who is a minor . . . . The lien shall be enforceable as provided in s. 27.561 or s. 938.29. § 27.52(6), Fla. . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52 . . .
. . . In 2004, the Legislature amended section 27.52, Florida Statutes, Determination of Indigence, to provide . . . Section 27.52 was also amended to require the clerk of court to assist a person who appears before the . . . Affidavit, I have determined that the applicant is ( ) Indigent ( ) Not Indigent pursuant to section 27.52 . . .
. . . 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. . . . “retained private counsel immediately before or after filing the affidavit asserting indigency.” § 27.52 . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52 . . .
. . . . § 27.52(l)(d), Fla. Stat. (1999) (“If the . court finds that the accused person ... . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52 . . .
. . . The child herein, having been represented by the Public Defender in this cause pursuant to Section 27.52 . . .
. . . Determinations of indigency for purposes of appointing counsel in criminal proceedings are governed by section 27.52 . . . Section 27.52(2)(b) provides that an accused is indigent if: 1. . . . uncontradicted evidence proved his indigency under the objective standard contained in subparagraph 27.52 . . . The sole basis for the court’s finding that Ramirez was not indigent was section 27.52(2)(c)l., Florida . . . determination of nonindigency in the face of unrebutted proof that Ra'mirez was indigent as defined in section 27.52 . . .
. . . $500 to $2500 and changes the requirements for indigency to conform to recent amendments to section 27.52 . . .
. . . Hemesath had not timely filed a financial affidavit, see § 27.52(l)(f), Fla. . . .
. . . additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . oath; (C) require the accused to execute an affidavit of insolvency in the format provided by section 27.52 . . .
. . . Because the system that is currently employed is contrary to the provisions of section 27.52(l)(a), Florida . . . Further, section 27.52(l)(a), Florida Statutes (1997), provides in part: “Before appointing the public . . . For example, when a defendant is not capable of filling out the affidavit required by section 27.52(l . . . determination on all criminal defendants until the time of arraignment is contrary to the provisions of section 27.52 . . . Section 27.52(2) reads as follows: The court may not appoint the public defender to represent, even on . . . As I read section 27.52, all criminal defendants are "not indigent” until and unless a judge of competent . . .
. . . We begin with the following pertinent provisions from section 27.52: “(2)(b) An accused person ... is . . . Defendant argues on review that he overcame the section 27.52(2)(c) presumption as a matter of law by . . . In contrast, indi-gency under section 27.52 is related to income or, alternatively, the ability of a . . . He argues that section 27.52 creates no role for a county in indigency proceedings. . . . See § 27.52(2)(b), Fla. Stat. (1997). . . .
. . . There was no demonstration of indigence as required by section 27.52, Florida Statutes (1989), for the . . . court’s order appointing counsel at the request of the public defender was unauthorized by section 27.52 . . .
. . . Section 27.52, Florida Statutes (1993), provides, in pertinent part: (1) The determination of indigency . . . Section 27.52(2)(b)l creates a presumption that a defendant is not indigent if he was released on over . . . A trial court must consider the factors set forth in section 27.52 before terminating an appointment . . .
. . . petitioner makes a cogent argument that an affidavit setting out the matters referenced in section 27.52 . . .
. . . Before merely dismissing this appeal, we should decide whether section 27.52(2)(d), Florida Statutes . . . We recognize that section 27.52(2)(d) provides: A nonindigent parent or legal guardian of a dependent . . .
. . . posted by his parents sufficiently overcame the statutory presumption of solvency explained in section 27.52 . . .
. . . The determination of indigency for the purpose of appointment of counsel is governed by section 27.52 . . . that the defendant is no longer indigent, the court must consider the factors set forth in section 27.52 . . . Those factors include “the probable expense and burden of defending the case.” § 27.52(2)(c)l, Fla.Stat . . .
. . . See §§ 27.52, 27.56, Fla.Stat. (1991). AFFIRMED. . . .
. . . additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 . . .
. . . . §§ 27.52, 27.56, Fla.Stat. (1991). PETITION GRANTED; ORDER QUASHED; REMANDED. . . .
. . . , 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 . . . According to section 27.52(2)(b), the existence of any of the following shall create a presumption of . . . Further, section 27.52(2)(c) requires the court to consider the following additional circumstances in . . . See § 27.52(2)(d), Fla. Stat. (1991). . . .
. . . financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52 . . . iii)(C) ©require the accused to execute an affidavit of insolvency in the format provided by section 27.52 . . .
. . . several arguments pertaining to the trial court’s construction of the applicable statutes, sections 27.52 . . .
. . . Section 27.52(3), Florida Statutes (1989), states that a judge may reverse a previous finding of indigency . . .
. . . order denying his motion on the grounds that appellant was not indigent within the meaning of section 27.52 . . . While it appears through the financial affidavit that appellant’s income level met the criteria of 27.52 . . .
. . . Exhibit B omitted from publication. . 1 Norton Bankruptcy Law and Practice, Section 27.52. . 1 Norton . . . Bankruptcy Law and Practice, Section 27.52 and 3 'Collier on Bankruptcy, Section 523.16 (15th ed.). . . .
. . . After careful consideration of this evidence the Court finds pursuant to Florida Statute 27.52 that the . . . Although he technically does not satisfy the criteria of Florida Statute 27.52(2)(b)(1) and (2), he otherwise . . . meets the criteria of Florida Statute 27.52(2)(b) (3) and (c). . . . concludes that the Defendant satisfies the legal criteria of indigency as provided for in Florida Statute 27.52 . . . the Defendant did not provide the Court with an affidavit of indigency as required by Florida Statute 27.52 . . .
. . . Sumner NW 12.29 31.47 State Street NE 27.52 26.26 Rice E 3.00 closed 1981 (33.55% min.) . . .
. . . We observe, as did the trial court, that the county may proceed, pursuant to section 27.52(3), Florida . . .
. . . although we acknowledge a trial judge is not obligated to make a determination of indigency under Section 27.52 . . .
. . . Although section 27.52, Florida Statutes (1987), states that a determination of indi-gency for an accused . . . application can be permitted since the defendant is no longer an accused person within the meaning of section 27.52 . . .
. . . are unable to employ counsel for the child, the court shall appoint counsel for him pursuant to s. 27.52 . . . Costs of representation shall be assessed as provided by s. 27.52 and s. 27.56. . . . additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 . . . additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 . . .
. . . the hearing before the trial court reflects that all of the statutory criteria contained in section 27.52 . . .
. . . additional compensation, any person who is determined by the court to be indigent as provided in s. 27.52 . . .
. . . indigent and refused to appoint counsel without inquiring into the circumstances set forth in section 27.52 . . . The statute mandates that the circumstances itemized in section 27.52(2)(c) be considered as well. . . .
. . . State, 473 So.2d 793 (Fla. 5th DCA 1985), which discusses the relevant factors under section 27.52, Florida . . .
. . . $190.00 with one dependent, resulting in a presumption that he was not indigent pursuant to section 27.52 . . . counsel for him and, more specifically, in failing to consider the circumstances enumerated in section 27.52 . . .
