Florida Statutes

Fla. Stat. § 27.59 (2025)

Access to prisoners.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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27.59 Access to prisoners.The public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant regional counsel shall be empowered to inquire of all persons who are incarcerated in lieu of bond and to tender them advice and counsel at any time, but the provisions of this section shall not apply with respect to persons who have engaged private counsel.
History.s. 6, ch. 67-539; s. 10, ch. 80-376; s. 13, ch. 2007-62.
Notes of Decisions
Cited in 2 cases, 1971–1971 · leading case: Harrison v. Wainwright, 243 So. 2d 427 (Fla. 1st DCA 1971).
Harrison v. Wainwright, 243 So. 2d 427 (Fla. 1st DCA 1971). · cites it 2× “Yet, under Florida law, no defendant can long be without benefit of counsel inasmuch as Section 27.59, Florida Statutes, F.S.A., expressly empowers the public defender and his assistants to inquire of all persons incarcerated for 48 hours or more and to tender them advice and…”
Lowe v. State, 250 So. 2d 310 (Fla. 2d DCA 1971). “Florida Statutes § 27.59, F.S.A. guarantees the public defender access to any person incarcerated more than forty-eight hours, whether he has been to court or not.”
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