27.53
Appointment of assistants and other staff; method of payment.
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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.
Notes of Decisions
Cited in 74
cases (1 in the last 5 years), 1971–2026 · leading case: Johnson v. State
Johnson v. State (2012)
“On review, this Court explained that section 27.53(2) stated that in addition to the public defenders, "any member of the bar in good standing may be appointed by the court to .”
In Re Order on Prosecution of Cr. App. (1990)
“The 1981 amendment of the statute also added paragraph (3)(b) of section 27.53, which expressly authorizes the appointment of other public defenders where a public defender is permitted to withdraw because of conflict.”
Dade County v. Baker (1978)
“53(2), Florida Statutes (1977) means as follows: "A literal interpretation of subsection (2) of the above-quoted statute [§ 27.53, Fla. Stat.] would indicate, and we so hold, that if a member of the bar in good standing is appointed by the court to represent an indigent…”
Escambia County v. Behr (1980)
“NOTES [1] The fees and expenses of private counsel appointed to represent insolvent defendants are paid in the same manner as in capital cases, § 27.53, Fla. Stat. (1977); that is, they are paid by the county.”
Dade County v. Goldstein (1980)
“036, Florida Statutes (1979), provides the method by which the court may compensate an attorney who is appointed, as here, under Section 27.53, Florida Statutes (1979). The subject statute reads as follows: "An attorney appointed pursuant to s.”
Babb v. Edwards (1982)
“[1] *861 In two unrelated cases, Babb, the public defender for the Fifth Judicial Circuit, pursuant to section 27.53(3), Florida Statutes (Supp.”
Hatten v. State (1990)
“We noted that subsection 27.53(2), Florida Statutes, relied upon in Behr , was amended in 1981 to remove it as an independent mechanism for appointment of counsel in lieu of the public defender.”
Ward v. State (2000)
“§ 27.53(3), Fla. Stat. (1999). The motion alleged 1) that the victim/county judge "is a critical fact witness in the case" who caught Ward on his land and will testify that Ward admitted knowing that he was trespassing; 2) that defense counsel would have to make a vigorous…”
Henyard v. State (2004)
“§ 27.53(3), Fla. Stat. (1993). Notably, trial counsel's motion to withdraw made no reference to section 27.”
Harrell v. State (1998)
“(1995); [3] § 27.53, Fla. Stat (1995); [4] Green v. State, 377 So.”
Public Defender, Eleventh Judicial Circuit of Florida v. State (2013)
“Until its amendment in 1999, section 27.53 required a trial court to grant a public defender’s motion to withdraw based on conflict without conducting any factual inquiry.”
Hope v. State (1995)
“Prior to the trial, appellant's counsel, an assistant public defender, filed a motion to withdraw pursuant to section 27.53(3), Florida Statutes (1993).”
— 27.53(1) — 2 cases
Harrell v. State (1998)
“(1995); [3] § 27.53, Fla. Stat (1995); [4] Green v. State, 377 So.”
Benitez v. State (1977)
— 27.53(2) — 15 cases
In Re Order on Prosecution of Cr. App. (1990)
“The 1981 amendment of the statute also added paragraph (3)(b) of section 27.53, which expressly authorizes the appointment of other public defenders where a public defender is permitted to withdraw because of conflict.”
Dade County v. Baker (1978)
“53(2), Florida Statutes (1977) means as follows: "A literal interpretation of subsection (2) of the above-quoted statute [§ 27.53, Fla. Stat.] would indicate, and we so hold, that if a member of the bar in good standing is appointed by the court to represent an indigent…”
Escambia County v. Behr (1980)
“NOTES [1] The fees and expenses of private counsel appointed to represent insolvent defendants are paid in the same manner as in capital cases, § 27.53, Fla. Stat. (1977); that is, they are paid by the county.”
Johnson v. State (2012)
“On review, this Court explained that section 27.53(2) stated that in addition to the public defenders, "any member of the bar in good standing may be appointed by the court to .”
Hatten v. State (1990)
“We noted that subsection 27.53(2), Florida Statutes, relied upon in Behr , was amended in 1981 to remove it as an independent mechanism for appointment of counsel in lieu of the public defender.”
— 27.53(3) — 51 cases
Johnson v. State (2012)
“On review, this Court explained that section 27.53(2) stated that in addition to the public defenders, "any member of the bar in good standing may be appointed by the court to .”
Babb v. Edwards (1982)
“[1] *861 In two unrelated cases, Babb, the public defender for the Fifth Judicial Circuit, pursuant to section 27.53(3), Florida Statutes (Supp.”
Ward v. State (2000)
“§ 27.53(3), Fla. Stat. (1999). The motion alleged 1) that the victim/county judge "is a critical fact witness in the case" who caught Ward on his land and will testify that Ward admitted knowing that he was trespassing; 2) that defense counsel would have to make a vigorous…”
Henyard v. State (2004)
“§ 27.53(3), Fla. Stat. (1993). Notably, trial counsel's motion to withdraw made no reference to section 27.”
Dade County v. Goldstein (1980)
“036, Florida Statutes (1979), provides the method by which the court may compensate an attorney who is appointed, as here, under Section 27.53, Florida Statutes (1979). The subject statute reads as follows: "An attorney appointed pursuant to s.”
— 27.53(4) — 1 case
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