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Florida Laws: FL Statutes - Title V Chapter 27 State Attorneys; Public Defenders; Related Offices
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Florida Laws > Judicial Branch > Florida Laws: FL Statutes - Title V Chapter 27 State Attorneys; Public Defenders; Related Offices
Part I - Court Reporters; Witness Coordination(ss. 27.0055-27.0065)
- §27.0055 Official court reporters.
(1) The term "official court reporter" means any individual appointed as an official court reporter pursuant to former chapter 29 prior to the effective date of...
- §27.0061 Transcripts in criminal cases.
Upon the demand of the state attorney, or the presiding judge in any criminal case, or the defendant within the time allowed for taking an...
- §27.0065 Witness coordination.
Each state attorney and public defender shall be responsible for: (1) Coordinating court appearances, including pretrial conferences and depositions, for all witnesses who are subpoenaed in...
Part II - State Attorneys(ss. 27.01-27.367)
- §27.01 State attorneys; number, election, terms.
There shall be a state attorney for each of the judicial circuits, who shall be elected at the general election by the qualified electors of...
- §27.015 Private practice prohibited.
All state attorneys elected to said office shall be so elected on a full-time basis and shall be prohibited from the private practice of law...
- §27.02 Duties before court.
(1) The state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the...
- §27.03 Duties before grand jury.
Whenever required by the grand jury, the state attorney shall attend them for the purpose of examining witnesses in their presence, or of giving legal...
- §27.04 Summoning and examining witnesses for state.
The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or...
- §27.05 Assisting Attorney General.
In addition to the duties now imposed upon the several state attorneys of this state, by statute, they shall assist the Attorney General in the...
- §27.06 Habeas corpus and preliminary trials.
The several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their respective circuits, and shall also...
- §27.08 State claims; surrender of papers to successor.
Upon the qualification of the successor of any state attorney, the state attorney going out of office shall deliver to his or her successor a...
- §27.10 Obligation as to claims; how discharged.
The charges mentioned in s. 17.20 shall be evidence of indebtedness on the part of any state attorney against whom any charge is made for...
- §27.11 Report upon claims committed to state attorney.
The state attorney shall make a report to the Chief Financial Officer on the first Monday in January and July in each and every year...
- §27.12 Power to compromise.
(1) The state attorney may, with the approval of the Department of Financial Services, compromise and settle all judgments, claims, and demands in favor of the...
- §27.13 Completion of compromise.
The state attorney shall, on agreeing to any compromise or settlement, report the same to the Department of Financial Services for its approval; and, on...
- §27.14 Assigning state attorneys to other circuits.
(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit...
- §27.15 State attorneys to assist in other circuits.
(1) The Governor of the state may for good and sufficient reasons require any state attorney in the state to proceed to any place in the...
- §27.151 Confidentiality of specified executive orders; criteria.
(1) If the Governor provides in an executive order issued pursuant to s. 27.14 or s. 27.15 that the order or a portion thereof is confidential,...
- §27.16 Appointment of acting state attorney.
Whenever there shall be a vacancy in the office of the state attorney in any of the judicial circuits of this state, either by nonappointment...
- §27.18 Assistant to state attorney.
The state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount of the...
- §27.181 Assistant state attorneys; appointment; powers and duties; compensation.
(1) Each assistant state attorney appointed by a state attorney shall serve during the pleasure of the state attorney appointing him or her. Each such appointment...
- §27.182 Salary discrimination based on gender or race; review within the office of state attorney.
Each state attorney shall undertake an annual review of compensation policies for the position of assistant state attorney. Within the context of comparable skills, experience,...
- §27.25 State attorney authorized to employ personnel; funding formula.
(1) The state attorney of each judicial circuit is authorized to employ and establish, in such number as is authorized by the General Appropriations Act, assistant...
- §27.251 Special organized crime investigators.
The state attorney of each judicial circuit is authorized to employ any municipal or county police officer or sheriff's deputy on a full-time basis as...
- §27.255 Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.
(1) Each investigator employed on a full-time basis by a state attorney and each special investigator appointed by the state attorney pursuant to the provisions of...
- §27.34 Limitations on payment of salaries and other related costs of state attorneys' offices other than by the state.
(1) A county or municipality may contract with, or appropriate or contribute funds to the operation of, the various state attorneys as provided in this subsection....
- §27.345 State Attorney RICO Trust Fund; authorized use of funds; reporting.
(1) Subject to the provisions of s. 895.09, when a state attorney files an action pursuant to s. 895.05, funds provided to the state attorney pursuant...
- §27.3451 State Attorney's Forfeiture and Investigative Support Trust Fund.
There is created for each of the several state attorneys a trust fund to be known as the State Attorney's Forfeiture and Investigative Support Trust...
- §27.35 Salaries of state attorneys.
Each state attorney shall receive as salary the amount provided in the General Appropriations Act. History.--ss. 3, 6, ch. 72-326; s. 11, ch. 2003-402.
- §27.366 Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3); report.
(1) It is the intent of the Legislature that convicted criminal offenders who meet the criteria in s. 775.087(2) and (3) be sentenced to the minimum...
- §27.367 State Attorneys Revenue Trust Fund.
(1) The State Attorneys Revenue Trust Fund is created within the Justice Administrative Commission. Moneys credited to the trust fund shall be used for the purpose...
Part III - Public Defenders and Other
court-appointed Counsel(ss. 27.40-27.61)
- §27.40 Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or...
- §27.405 Court-appointed counsel; Justice Administrative Commission tracking and reporting.
(1) The Justice Administrative Commission shall separately track expenditures and performance measures for private court-appointed counsel for each of the categories of criminal or civil cases...
- §27.425 Due process service rates; responsibilities of chief judge.
(1) The chief judge of each circuit shall recommend compensation rates for state-funded due process service providers in cases in which the court has appointed private...
- §27.50 Public defender; qualifications; election.
For each judicial circuit, there shall be a public defender who shall be, and shall have been for the preceding 5 years, a member in...
- §27.51 Duties of public defender.
(1) The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and: (a) Under arrest for, or charged with, a...
- §27.511 Offices of criminal conflict and civil regional counsel; legislative intent; qualifications; appointment; duties.
(1) It is the intent of the Legislature to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as...
- §27.5111 Indigent Civil Defense Trust Fund.
(1) The Indigent Civil Defense Trust Fund is created within the Justice Administrative Commission. Moneys credited to the trust fund shall be used for the purpose...
- §27.512 Order of no imprisonment.
(1) In each case in which the court determines that it will not sentence the defendant to imprisonment if convicted, the court shall issue an order...
- §27.52 Determination of indigent status.
(1) APPLICATION TO THE CLERK.--A person seeking appointment of a public defender under s. 27.51 based upon an inability to pay must apply to the clerk...
- §27.525 Indigent Criminal Defense Trust Fund.
The Indigent Criminal Defense Trust Fund is created, to be administered by the Justice Administrative Commission. Funds shall be credited to the trust fund as...
- §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...
- §27.5301 Salaries of public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant regional counsel.
(1) The salaries of public defenders shall be as provided in the General Appropriations Act and shall be paid in equal monthly installments. (2) The salary for...
- §27.5302 Salary discrimination based on gender or race; review within the office of public defender.
Each public defender shall undertake an annual review of compensation policies for the position of assistant public defender. Within the context of comparable skills, experience,...
- §27.5303 Public defenders; criminal conflict and civil regional counsel; conflict of interest.
(1)(a) If, at any time during the representation of two or more defendants, a public defender determines that the interests of those accused are so adverse...
- §27.5304 Private court-appointed counsel; compensation.
(1) Private court-appointed counsel shall be compensated by the Justice Administrative Commission as provided in this section and the General Appropriations Act. The flat fees prescribed...
- §27.54 Limitation on payment of expenditures other than by the state.
(1) All payments for the salary of the public defender and the criminal conflict and civil regional counsel and for the necessary expenses of office, including...
- §27.55 Compensation of public defender and expenditures for office in newly created circuit.
(1) In the event a new judicial circuit is created, the Executive Office of the Governor is authorized to release the necessary moneys for the payment...
- §27.561 Effect of nonpayment.
(1) Whenever a defendant-recipient or parent is ordered to pay attorney's fees or costs, default in the payment thereof shall be cause for finding the defendant-recipient...
- §27.562 Disposition of funds.
All funds collected pursuant to s. 938.29 shall be remitted to the Department of Revenue for deposit into the Indigent Criminal Defense Trust Fund administered...
- §27.58 Administration of public defender services.
The public defender of each judicial circuit of the state shall be the chief administrator of all public defender services authorized under s. 27.51 within...
- §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...
- §27.61 Public Defenders Revenue Trust Fund.
(1) The Public Defenders Revenue Trust Fund is created within the Justice Administrative Commission. Moneys credited to the trust fund shall be used for the purpose...
Part IV - Capital Collateral Representation(ss. 27.7001-27.715)
- §27.7001 Legislative intent and findings.
It is the intent of the Legislature to create part IV of this chapter, consisting of ss. 27.7001-27.711, inclusive, to provide for the collateral representation...
- §27.7002 Limitation on collateral representation; lawyer disqualification; use of state funds for excess fees not authorized.
(1) This chapter does not create any right on behalf of any person, provided counsel pursuant to any provision of this chapter, to challenge in any...
- §27.701 Capital collateral regional counsel.
(1) There are created three regional offices of capital collateral counsel, which shall be located in a northern, middle, and southern region of the state. The...
- §27.702 Duties of the capital collateral regional counsel; reports.
(1) The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting...
- §27.703 Conflict of interest and substitute counsel.
(1) The capital collateral regional counsel shall not accept an appointment or take any other action that will create a conflict of interest. If, at any...
- §27.704 Appointment of assistants and other staff.
Each capital collateral regional counsel may: (1) Appoint, employ, and establish, in such numbers as he or she determines, full-time or part-time assistant counsel, investigators, and...
- §27.705 Salaries of capital collateral regional counsel and assistant capital collateral counsel.
(1) Each capital collateral regional counsel shall be paid a salary by the state, which shall be as provided in the General Appropriations Act and shall...
- §27.706 Private practice of law prohibited.
Each capital collateral regional counsel and all full-time assistants appointed by him or her shall serve on a full-time basis and may not engage in...
- §27.707 Investigators; service of process.
Each investigator employed by the capital collateral regional counsel has full authority to serve any subpoena or court order issued by any court or judge...
- §27.708 Access to prisoners; compliance with the Florida Rules of Criminal Procedure; records requests.
(1) Each capital collateral regional counsel and his or her assistants may inquire of all persons sentenced to death who are incarcerated and tender them advice...
- §27.7081 Capital postconviction public records production.
(1) As used in this section, the term "trial court" means: (a) The judge who entered the judgment and imposed the sentence of death; or (b) If a...
- §27.709 Commission on Capital Cases.
(1)(a) There is created the Commission on Capital Cases, which shall consist of the six following members: 1. Two members appointed by the Governor. 2. Two members appointed...
- §27.7091 Legislative recommendations to Supreme Court; postconviction proceedings; pro bono service credit.
In the interest of promoting justice and integrity with respect to capital collateral representation, the Legislature recommends that the Supreme Court: (1) Adopt by rule the...
- §27.710 Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court.
(1) The executive director of the Commission on Capital Cases shall compile and maintain a statewide registry of attorneys in private practice who have certified that...
- §27.711 Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings.
(1) As used in s. 27.710 and this section, the term: (a) "Capital defendant" means the person who is represented in postconviction capital collateral proceedings by an...
- §27.715 Capital Collateral Regional Counsel Trust Fund.
(1) The Capital Collateral Regional Counsel Trust Fund is created within the Justice Administrative Commission. Moneys credited to the trust fund shall be used for the...
Last modified: March 26, 2010
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