The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 29
COURT SYSTEM FUNDING

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F.S. 29.007

29.007 Court-appointed counsel.—For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided from state revenues appropriated by general law are as follows:

(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or the office of criminal conflict and civil regional counsel.

(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes.

(3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.

(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses approved by the court.

(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent, and any other mental health professionals required by law for the full adjudication of any civil case involving an indigent person.

(6) Reasonable pretrial consultation fees and costs.

(7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.

Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in which the court appoints counsel to protect a litigant’s due process rights. The Justice Administrative Commission shall approve uniform contract forms for use in processing payments for due process services under this section. In each case in which a private attorney represents a person determined by the court to be indigent for costs, the attorney shall execute the commission’s contract for private attorneys representing persons determined to be indigent for costs.

History.—s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

F.S. 29.007 on Google Scholar

F.S. 29.007 on Casetext

Amendments to 29.007

Arrestable Offenses / Crimes under Fla. Stat. 29.007

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 29.007.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HOLT, FOR THIRTEENTH JUDICIAL CIRCUIT, HILLSBOROUGH COUNTY, v. KEETLEY, 250 So. 3d 206 (Fla. App. Ct. 2018)

. . . indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007 . . . See §§ 27.5304, 29.007, Fla. Stat. (2016). . . .

RODRIGUEZ, v. STATE, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017)

. . . ’s credibility; an inadequate Nelson hearing; denial of a motion to authorize payment under section 29.007 . . .

PATTEN, v. STATE, 204 So.3d 977 (Fla. Dist. Ct. App. 2016)

. . . indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007 . . .

WATKINS, v. STATE, 159 So. 3d 323 (Fla. Dist. Ct. App. 2015)

. . . indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007 . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. OFFICIAL REPORTERS, INC., 61 So. 3d 1269 (Fla. Dist. Ct. App. 2011)

. . . See §§ 29.007 (requiring the state to pay the “[reasonable court reporting and transcription services . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. A. McNEILLY,, 59 So. 3d 302 (Fla. Dist. Ct. App. 2011)

. . . . § 29.007(2), Florida Statutes (2010); see also Goettel; Harp. . . .

CRIMINAL SPECIALIST INVESTIGATIONS, INC. v. STATE, 58 So. 3d 883 (Fla. Dist. Ct. App. 2011)

. . . reimbursement from the state revenue of “reasonable and necessary expenses” in accordance with section 29.007 . . . Such expenses include “[r]easonable pretrial consultation fees and costs.” § 29.007(6). . . .

JUSTICE ADMINISTRATION COMMISSION, v. A. GOETTEL,, 32 So. 3d 786 (Fla. Dist. Ct. App. 2010)

. . . Section 29.007, Florida Statutes (2008), authorizes payment for an attorney’s services only when the . . . counsel in accordance with state and federal constitutional guarantees and federal and state statutes.” § 29.007 . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. J. HARP, IV,, 24 So. 3d 779 (Fla. Dist. Ct. App. 2009)

. . . Section 29.007(2), Florida Statutes (2009), authorizes the JAC to pay attorney’s fees to private attorneys . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. BERRY F., 5 So. 3d 696 (Fla. Dist. Ct. App. 2009)

. . . It also confers no authority to order the state, in contravention of section 29.007 of the Florida Statutes . . . See § 29.007(1), Fla. . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. A. PETERSON,, 989 So. 2d 663 (Fla. Dist. Ct. App. 2008)

. . . Because the plain language of the statute, section 29.007(2), Florida Statutes (2006), authorizing the . . . See § 29.007(2) (authorizing the JAC to pay attorney’s fees for “[pjrivate attorneys appointed by the . . .

OFFICE OF STATE ATTORNEY FOR ELEVENTH JUDICIAL CIRCUIT, v. POLITES, v., 904 So. 2d 527 (Fla. Dist. Ct. App. 2005)

. . . See §§ 29.005(4), 29.006(4), 29.007(5), Fla. Stat. (2004). . . . When it passed sections 29.005(4), 29.006(4), and 29.007(5), the Legislature acknowledged that system . . . public defenders and court-appointed counsel have similar statutes: sections 29.006(3) and (4) and 29.007 . . .

L. McDUFFY, v. W. MOORE,, 747 So. 2d 1003 (Fla. Dist. Ct. App. 1999)

. . . He appealed this disciplinary action pursuant to Florida Administrative Code Rule 33-29.007 all the way . . . McDuffy’s grievance was denied, rule 33-29.007(8) governed the process by which the Department handled . . . McDuffy's grievance was denied, the Department of Corrections amended rule 33-29.007 to clarify when . . . The amendment brought rule 33-29.007 in line with the Florida Rules of Appellate Procedure by providing . . . Under this amended version of rule 33-29.007, the date the order is mailed is also the date the order . . .

SYLVIE M. b n f R. v. BOARD OF EDUCATION OF DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT,, 48 F. Supp. 2d 681 (W.D. Tex. 1999)

. . . Id. at § 29.007. . . . .

L. AULTMAN, v. K. SINGLETARY, Jr., 708 So. 2d 1004 (Fla. Dist. Ct. App. 1998)

. . . Under rule 33-29.007, only after the formal grievance procedure may an inmate appeal to the office of . . .

W. VAUGHN, v. W. KERLEY, L. D K., 897 F. Supp. 1413 (M.D. Fla. 1995)

. . . On October 27, 1993, Plaintiff filed a timely Grievance Appeal, pursuant to rule 33-29.007, Fla.Admin.Code . . .

J. SCALF, v. K. SINGLETARY,, 618 So. 2d 368 (Fla. Dist. Ct. App. 1993)

. . . printed inadvertently in error and correct our opinion (Fla. 1st DCA May 21, 1993), to substitute Rule 33-29.007 . . .