Florida Statute 27.53 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.53

27.53 Appointment of assistants and other staff; method of payment.—

(1) The public defender of each judicial circuit is authorized to employ and establish, in such numbers as authorized by the General Appropriations Act, assistant public defenders and other staff and personnel pursuant to s. 29.006, who shall be paid from funds appropriated for that purpose. Notwithstanding ss. 790.01 and 790.02, an investigator employed by a public defender, while actually carrying out official duties, is authorized to carry a concealed weapon or concealed firearm if the investigator complies with s. 790.25(2)(o). However, such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement System. The public defenders of all judicial circuits shall jointly develop a coordinated classification and pay plan which shall be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established in s. 216.181. Each assistant public defender appointed by a public defender under this section shall serve at the pleasure of the public defender. Each investigator employed by a public defender shall have full authority to serve any witness subpoena or court order issued, by any court or judge within the judicial circuit served by such public defender, in a criminal case in which such public defender has been appointed to represent the accused.

(2) Any member of The Florida Bar, in good standing, may volunteer without salary to represent indigent defendants. Volunteer attorneys are to be referred to as special assistant public defenders. A special assistant public defender may not reassign or subcontract a case to another attorney.

(3) The appropriations for the offices of public defender shall be determined by a funding formula and such other factors as may be deemed appropriate in a manner to be determined by this section and the General Appropriations Act.

(4) The five criminal conflict and civil regional counsels may employ and establish, in the numbers authorized by the General Appropriations Act, assistant regional counsels and other staff and personnel in each judicial district pursuant to s. 29.006, who shall be paid from funds appropriated for that purpose. Notwithstanding ss. 790.01 and 790.02, an investigator employed by an office of criminal conflict and civil regional counsel, while actually carrying out official duties, is authorized to carry a concealed weapon or concealed firearm if the investigator complies with s. 790.25(2)(o). However, such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement System. The five regional counsels shall jointly develop a coordinated classification and pay plan for submission to the Justice Administrative Commission, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year. The plan must be developed in accordance with policies and procedures of the Executive Office of the Governor established in s. 216.181. Each assistant regional counsel appointed by the regional counsel under this section shall serve at the pleasure of the regional counsel. Each investigator employed by the regional counsel shall have full authority to serve any witness subpoena or court order issued by any court or judge in a criminal case in which the regional counsel has been appointed to represent the accused.

(5) The appropriations for the offices of criminal conflict and civil regional counsel shall be determined by a funding formula and other factors that are considered appropriate in a manner to be determined by this section and the General Appropriations Act.

History.—s. 4, ch. 63-409; s. 1, ch. 65-527; s. 1, ch. 67-192; s. 2, ch. 67-539; s. 2, ch. 72-327; s. 2, ch. 73-216; s. 1, ch. 76-287; s. 1, ch. 78-344; s. 4, ch. 80-376; s. 2, ch. 81-230; s. 2, ch. 81-273; s. 2, ch. 87-85; s. 1, ch. 90-159; s. 1, ch. 90-311; s. 140, ch. 95-147; s. 5, ch. 97-107; s. 1, ch. 99-282; s. 17, ch. 2003-402; s. 8, ch. 2007-62; s. 5, ch. 2020-2; s. 4, ch. 2022-195; s. 1, ch. 2023-18.

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Amendments to 27.53

Arrestable Offenses / Crimes under Fla. Stat. 27.53

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.53.

Annotations, Discussions, Cases:

Cases Citing Statute 27.53

Total Results: 20

Public Defender, Eleventh Judicial Circuit of Florida v. State

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

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

Snippet: originally contained in section 27.53(3). Until its amendment in 1999, section 27.53 required a trial court to

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: for writs of certiorari, asserting that section 27.53, Florida Statutes (1977), imposed a duty on the

State, Office of the Attorney General v. Shapiro & Fishman, LLP

Court: District Court of Appeal of Florida | Date Filed: 2011-04-27

Citation: 59 So. 3d 353, 2011 Fla. App. LEXIS 5962, 2011 WL 1563755

Snippet: as we find it." Anderson v. Wilson, 289 U.S. 20, 27, 53 S.Ct. 417, 77 L.Ed. 1004 (1933). Similarly, we

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-18

Citation: 6 So. 3d 1262, 2009 Fla. App. LEXIS 2212, 2009 WL 690989

Snippet: interests between the two clients, under section 27.53(3) ... a trial court must grant separate representation")

Scott v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-22

Citation: 991 So. 2d 971, 2008 WL 4287086

Snippet: the record at a hearing. [3] Until 1999, section 27.53, Florida Statutes, required a trial court to grant

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: staff pursuant to the General Appropriations Act. § 27.53(4), Fla. Stat. (2007). Although each office is assigned

Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2005-01-27

Citation: 894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Snippet: assistant public defender appointed pursuant to s. 27.53(2), or a private attorney is appointed to represent

Henyard v. State

Court: Supreme Court of Florida | Date Filed: 2004-05-27

Citation: 883 So. 2d 753, 2004 WL 1171354

Snippet: governing law at the time of trial, notably section 27.53(3), Florida Statutes (1993), as interpreted by Guzman

Stevins v. Collier County

Court: District Court of Appeal of Florida | Date Filed: 2004-02-18

Citation: 865 So. 2d 660, 2004 Fla. App. LEXIS 1899, 2004 WL 298568

Snippet: v. Behr, 384 So.2d 147 (Fla.1980); see also §§ 27.53(2)-(3), .54(4), Fla. Stat. (2002). Because there

Anderson v. ET

Court: District Court of Appeal of Florida | Date Filed: 2003-12-10

Citation: 862 So. 2d 839, 2003 WL 22901040

Snippet: the father. In April 2001, pursuant to sections 27.53 and 925.036 of the Florida Statutes, the trial court

Lovett v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-10-24

Citation: 857 So. 2d 368, 2003 Fla. App. LEXIS 15861, 2003 WL 22416203

Snippet: SHARP, W., and PETERSON, JJ„ concur. . Section 27.53(3), Florida Statutes (2002), provides: (3) If, at

Ortiz v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-05-16

Citation: 844 So. 2d 824, 2003 WL 21105336

Snippet: 1999 legislative amendment codified in section 27.53(3), Florida Statutes (2001), now provides: If,

Sheppard & White, PA v. City of Jacksonville

Court: Supreme Court of Florida | Date Filed: 2002-09-12

Citation: 827 So. 2d 925, 2002 WL 31026957

Snippet: attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation,

Toneatti v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-23

Citation: 805 So. 2d 112, 2002 WL 83770

Snippet: Dellobuono's counsel moved to withdraw pursuant to section 27.53, Florida Statutes, on the grounds that a conflict

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-16

Citation: 787 So. 2d 205, 2001 Fla. App. LEXIS 6952, 2001 WL 527685

Snippet: where the former client is also a victim. See § 27.53(3), Fla.Stat. (1999) (courts have the discretion

Hunter v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-10-25

Citation: 770 So. 2d 232, 2000 WL 1582756

Snippet: This was the result of an amendment to section 27.53(3), Florida Statutes (1999), and a reaction to the

Martin v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

Citation: 761 So. 2d 475, 2000 WL 826937

Snippet: been abrogated by the recent amendment to section 27.53(3), Florida Statutes (1999), which authorizes courts

Douglas v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 758 So. 2d 1285, 2000 WL 763542

Snippet: sentenced. I believe that the amendment to section 27.53(3), Florida Statutes (1999), was enacted to force

Stoudimire v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-07

Citation: 760 So. 2d 985, 2000 WL 902270

Snippet: withdraw finding no prejudice to Stoudimire. Section 27.53(3), Florida Statutes (1999) reads: (3) If, at any

Ward v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-17

Citation: 753 So. 2d 705, 2000 WL 282568

Snippet: contravenes the express requirements of section 27.53(3), Florida Statutes (1999), and constitutes a departure