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?

Twenty elected public defenders 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 2017-18, public defenders reported that they were appointed to 634,463 cases (including re-opened cases) representing 512,832 clients. During this same time period, the public defenders reported closing 614,735 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	10,302,540	126.00
	02-PROGRAM: PUBLIC DEFENDERS - SECOND JUDICIAL CIRCUIT	6,842,018	86.00
	03-PROGRAM: PUBLIC DEFENDERS - THIRD JUDICIAL CIRCUIT	3,349,836	32.50
	04-PROGRAM: PUBLIC DEFENDERS - FOURTH JUDICIAL CIRCUIT	13,289,029	156.00
	05-PROGRAM: PUBLIC DEFENDERS - FIFTH JUDICIAL CIRCUIT	10,721,088	127.50
	06-PROGRAM: PUBLIC DEFENDERS - SIXTH JUDICIAL CIRCUIT	18,633,234	241.50
	07-PROGRAM: PUBLIC DEFENDERS - SEVENTH JUDICIAL CIRCUIT	9,668,462	117.00
	08-PROGRAM: PUBLIC DEFENDERS - EIGHTH JUDICIAL CIRCUIT	6,423,393	75.00
	09-PROGRAM: PUBLIC DEFENDERS - NINTH JUDICIAL CIRCUIT	17,722,259	220.00
	10-PROGRAM: PUBLIC DEFENDERS - TENTH JUDICIAL CIRCUIT	9,228,703	116.00
	11-PROGRAM: PUBLIC DEFENDERS - ELEVENTH JUDICIAL CIRCUIT	31,934,397	390.00
	12-PROGRAM: PUBLIC DEFENDERS - TWELFTH JUDICIAL CIRCUIT	8,159,881	95.50
	13-PROGRAM: PUBLIC DEFENDERS - THIRTEENTH JUDICIAL CIRCUIT	18,620,409	217.50
	14-PROGRAM: PUBLIC DEFENDERS - FOURTEENTH JUDICIAL CIRCUIT	6,196,562	67.00
	15-PROGRAM: PUBLIC DEFENDERS - FIFTEENTH JUDICIAL CIRCUIT	15,887,077	189.00
	16-PROGRAM: PUBLIC DEFENDERS - SIXTEENTH JUDICIAL CIRCUIT	3,288,930	39.00
	17-PROGRAM: PUBLIC DEFENDERS - SEVENTEENTH JUDICIAL CIRCUIT	19,622,062	223.00
	18-PROGRAM: PUBLIC DEFENDERS - EIGHTEENTH JUDICIAL CIRCUIT	10,459,007	113.00
	19-PROGRAM: PUBLIC DEFENDERS - NINETEENTH JUDICIAL CIRCUIT	7,548,771	86.00
	20-PROGRAM: PUBLIC DEFENDERS - TWENTIETH JUDICIAL CIRCUIT	12,812,966	141.00
TOTAL		240,710,624	2,858.50

Source: www.transparencyflorida.gov

Updates

Minimum Salary Increase. The 2019 Legislature enacted Chapter 2019-115, Laws of Florida, which includes an increase in the minimum salaries for assistant public defenders to $50,000 annually.

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?

Kristina Wiggins, Executive Director, Florida Public Defenders Association, Inc., 850-488-6850
Website