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: Fla. | Date Filed: 2013-05-23T00:00:00-07:00

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…public defender moves to withdraw under section 27.53(3), based on a conflict due to adverse or hostile…decision in Guzman, the Legislature amended section 27.53(3) to provide that under such circumstances the …language when it was previously contained in section 27.53(3). In Behr, 384 So.2d at 148, the County argued…time of the Court's decision in Behr, section 27.53(2), Florida Statutes (1977), provided that the court

Johnson v. State

Court: Fla. | Date Filed: 2012-01-05T00:00:00-08:00

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 …interest. On review, this Court explained that section 27.53(2) stated that in addition to the public defenders…this language, this Court concluded that section 27.53 granted trial courts discretion to appoint either…Behr, this Court determined that because section 27.53(2) granted the trial court broad discretion to appoint

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-27T00:00:00-07:00

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

Snippet: 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: Fla. Dist. Ct. App. | Date Filed: 2009-03-18T00:00:00-07:00

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…Edwards, 412 So.2d 859, 862 (Fla.1982)); see also § 27.53(3), Fla. Stat. (1997). A separate statute authorizes

Scott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-22T00:53:00-07:00

Citation: 991 So. 2d 971

Snippet: see also § 27.53(3), Fla. Stat. (1997). [4] In 1999, the legislature amended section 27.53(3) to permit…section 27.53(3) abrogate Guzman). Effective July 1, 2004, the legislature renumbered section 27.53(3) to…the record at a hearing. [3] Until 1999, section 27.53, Florida Statutes, required a trial court to grant…interests between the two clients, under section 27.53(3), Florida Statutes (1991), a trial court must

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

Court: Fla. | Date Filed: 2008-03-13T00:00:00-07:00

Citation: 978 So. 2d 134

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: Fla. | Date Filed: 2005-01-27T00:00:00-08:00

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: Fla. | Date Filed: 2004-05-27T00:53:00-07:00

Citation: 883 So. 2d 753

Snippet: governing law at the time of trial, notably section 27.53(3), Florida Statutes (1993), as interpreted by Guzman…motion was inappropriate. In relevant part, section 27.53(3) stated: If at any time during the representation…duty to move the court to appoint other counsel. § 27.53(3), Fla. Stat. (1993). Notably, trial counsel'…motion to withdraw made no reference to section 27.53(3). Moreover, the motion did not allege that the…trial was listed contained no reference to section 27.53(3) or additional legal argument either. Under these

Stevins v. Collier County

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-18T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2003-12-09T23:53:00-08:00

Citation: 862 So. 2d 839

Snippet: the father. In April 2001, pursuant to sections 27.53 and 925.036 of the Florida Statutes, the trial court…Statutes, attorneys appointed pursuant to section 27.53 of the Florida Statutes, like Anderson, are compensated

Lovett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-24T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2003-05-16T00:53:00-07:00

Citation: 844 So. 2d 824

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

Sheppard & White, PA v. City of Jacksonville

Court: Fla. | Date Filed: 2002-09-12T00:53:00-07:00

Citation: 827 So. 2d 925

Snippet: attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation, …pertinent part: Pursuant to Florida Statutes §§ 27.53, 925.035 and 925.036, in all cases requiring court

Toneatti v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-01-22T23:53:00-08:00

Citation: 805 So. 2d 112

Snippet: s counsel moved to withdraw pursuant to section 27.53, Florida Statutes, on the grounds that a conflict… defendants with conflicting interests. Section 27.53(3), Florida Statutes (2000), which governs public…shall be compensated as provided in s. 925.036. § 27.53(3), Fla. Stat. (2000)(emphasis added). While the…State, 763 So.2d 1175 (Fla. 4th DCA 2000), section 27.53(3) also enables the court to sua sponte appoint

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-16T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2000-10-25T00:53:00-07:00

Citation: 770 So. 2d 232

Snippet: This was the result of an amendment to section 27.53(3), Florida Statutes (1999), and a reaction to the…conflict is not prejudicial to the indigent client. § 27.53(3), Fla. Stat. (1999). We conclude that the trial…performance. See id. This is consistent with section 27.53(3) which permits the trial court to assess not only

Martin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-28T00:53:00-07:00

Citation: 761 So. 2d 475

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

Douglas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-14T00:53:00-07:00

Citation: 758 So. 2d 1285

Snippet: sentenced. I believe that the amendment to section 27.53(3), Florida Statutes (1999), was enacted to force…abuse its discretion. The discretion that section 27.53(3) intended to give a trial court has been limited…trial court from evaluating prejudice under section 27.53(3) from the standpoint of the assistant public defender

Stoudimire v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-07T00:53:00-07:00

Citation: 760 So. 2d 985

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

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-16T23:53:00-08:00

Citation: 753 So. 2d 705

Snippet: contravenes the express requirements of section 27.53(3), Florida Statutes (1999), and constitutes a departure….1982) ("We find that the language in section 27.53(3) clearly and unambiguously requires the trial …representing Ward and to appoint independent counsel. § 27.53(3), Fla. Stat. (1999). The motion alleged 1) that…her staff without conflict of interest." § 27.53(3), Fla. Stat. (1999). Certiorari relief is authorized…affiliated with the same Office. He is correct. § 27.53(3), Fla. Stat. (1999); *708 see Guzman v. State,