Justice Administrative Commission

Public Defenders

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What is the purpose of the public defender?

Public defenders provide legal representation for any person who is determined to be indigent and who is

under arrest for or charged with a felony;
under arrest for or charged with a misdemeanor authorized for prosecution by the state attorney, a violation of the State Uniform Traffic Control Law, criminal contempt, or under certain conditions, a violation of a special law or county or municipal ordinance;
alleged to be a delinquent child facing possible imprisonment;
sought by petition to be involuntarily placed as a mentally ill person or a developmentally disabled person; or
subject to the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predator's Treatment and Care Act.

How are public defenders appointed to defendants?

Judges typically ask defendants during their first appearance before the court if they wish to be represented by an attorney and, if so, whether they intend to hire private counsel. If a defendant is financially unable to hire an attorney, the judge will make a provisional appointment of a public defender.
Defendants must pay a $50 fee and submit an application with the county clerk of court, who then determines whether the defendant is eligible for public defender services. Defendants are eligible for public defender services if their income levels are equal to or below 200% of federal poverty guidelines.

How many public defenders are there?

There are 20 elected public defenders who practice in 20 circuit courts and 67 county courts.

How long is a public defender's term?

Public defenders are elected to four-year terms under the provisions of Article V, Section 18, Constitution of the State of Florida.

How many cases do public defenders work?

In Fiscal Year 2018-19, public defenders reported that they were appointed to 637,896 cases (including re-opened cases) representing 532,383 clients. During this same time period, the public defenders reported closing 616,028 cases.

Do public defenders represent defendants in appeals cases?

Not every public defender's office represents clients on appeal. There are five appellate divisions located in the Second, Seventh, Tenth, Eleventh, and Fifteenth Judicial Circuits. These divisions are composed of the same circuits that make up the District Court of Appeal for that area. Case files are transferred to the appropriate public defender appellate division at the conclusion of the sentencing phase of the proceedings. The only exception to this transfer rule is if the case involves the death penalty. Post-conviction motions in death penalty cases are handled by the Capital Collateral Regional Counsels.

How are these activities funded?

Fiscal Year: 2020-21

	Fund	Dollars	Positions
PUBLIC DEFENDERS
	01-PROGRAM: PUBLIC DEFENDERS - FIRST JUDICIAL CIRCUIT	10,415,437	126.00
	02-PROGRAM: PUBLIC DEFENDERS - SECOND JUDICIAL CIRCUIT	6,941,770	86.00
	03-PROGRAM: PUBLIC DEFENDERS - THIRD JUDICIAL CIRCUIT	3,388,198	32.50
	04-PROGRAM: PUBLIC DEFENDERS - FOURTH JUDICIAL CIRCUIT	13,447,042	156.00
	05-PROGRAM: PUBLIC DEFENDERS - FIFTH JUDICIAL CIRCUIT	10,859,003	127.50
	06-PROGRAM: PUBLIC DEFENDERS - SIXTH JUDICIAL CIRCUIT	18,880,404	241.50
	07-PROGRAM: PUBLIC DEFENDERS - SEVENTH JUDICIAL CIRCUIT	9,799,607	117.00
	08-PROGRAM: PUBLIC DEFENDERS - EIGHTH JUDICIAL CIRCUIT	6,512,336	75.00
	09-PROGRAM: PUBLIC DEFENDERS - NINTH JUDICIAL CIRCUIT	17,851,117	220.00
	10-PROGRAM: PUBLIC DEFENDERS - TENTH JUDICIAL CIRCUIT	9,315,152	116.00
	11-PROGRAM: PUBLIC DEFENDERS - ELEVENTH JUDICIAL CIRCUIT	32,330,159	390.00
	12-PROGRAM: PUBLIC DEFENDERS - TWELFTH JUDICIAL CIRCUIT	8,258,480	95.50
	13-PROGRAM: PUBLIC DEFENDERS - THIRTEENTH JUDICIAL CIRCUIT	18,821,495	217.50
	14-PROGRAM: PUBLIC DEFENDERS - FOURTEENTH JUDICIAL CIRCUIT	6,264,621	67.00
	15-PROGRAM: PUBLIC DEFENDERS - FIFTEENTH JUDICIAL CIRCUIT	16,073,769	189.00
	16-PROGRAM: PUBLIC DEFENDERS - SIXTEENTH JUDICIAL CIRCUIT	3,331,978	39.00
	17-PROGRAM: PUBLIC DEFENDERS - SEVENTEENTH JUDICIAL CIRCUIT	19,919,510	223.00
	18-PROGRAM: PUBLIC DEFENDERS - EIGHTEENTH JUDICIAL CIRCUIT	10,593,757	113.00
	19-PROGRAM: PUBLIC DEFENDERS - NINETEENTH JUDICIAL CIRCUIT	7,626,450	86.00
	20-PROGRAM: PUBLIC DEFENDERS - TWENTIETH JUDICIAL CIRCUIT	12,919,451	141.00
TOTAL		243,549,736	2,858.50

Source: www.transparencyflorida.gov

Where can I find related OPPAGA reports?

Due Process Services, Report 19-18, December 2019

Where can I get more information?

Other Reports
The Auditor General reports on public defender offices are located on its website.

Websites of Interest
Florida Public Defender Association, Inc.
National Legal Aid & Defender Association
National Association for Public Defense
Find Law, Gideon v. Wainwright, 372 U.S. 335 (1963)
Florida State Courts
U. S. Department of Justice

Performance Information

Performance measures and standards for the department may be found in its Long Range Program Plan.

What are the applicable statutes?

Article V, Section 18, Constitution of the State of Florida, and Ch. 27 Part III, Florida Statutes.

Whom do I contact for help?

Nancy Daniels, Interim Executive Director, Florida Public Defenders Association, Inc., 850-488-6850

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