The 2023 Florida Statutes (including Special Session C)
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. . . withdrawal by the public defender based on conflicts of interest was originally contained in section 27.53 . . . Until its amendment in 1999, section 27.53 required a trial court to grant a public defender’s motion . . . We concluded that once a public defender moves to withdraw under section 27.53(3), based on a conflict . . . Following our decision in Guzman, the Legislature amended section 27.53(3) to provide that under such . . . At the time of the Court's decision in Behr, section 27.53(2), Florida Statutes (1977), provided that . . .
. . . In Behr, Escambia and Dade Counties filed petitions for writs of certiorari, asserting that section 27.53 . . . On review, this Court explained that section 27.53(2) stated that in addition to the public defenders . . . Based on this language, this Court concluded that section 27.53 granted trial courts discretion to appoint . . . In Behr, this Court determined that because section 27.53(2) granted the trial court broad discretion . . . This provision was originally contained in section 27.53(3) of the Florida Statutes. In Guzman v. . . . withdraw based on a conflict due to adverse or hostile interests between two clients under section 27.53 . . . other counsel and the court could appoint another member of the Florida Bar to represent the accused. § 27.53 . . . Following this Court’s decision in Guzman, the Legislature amended section 27.53(3) to provide that under . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . . Edwards, 412 So.2d 859, 862 (Fla.1982)); see also § 27.53(3), Fla. Stat. (1997). . . .
. . . Until 1999, section 27.53, Florida Statutes, required a trial court to grant a public defender’s motion . . . Edwards, 412 So.2d 859, 862 (Fla. 1982); see also § 27.53(3), Fla. Stat. (1997). . . . . In 1999, the legislature amended section 27.53(3) to permit the trial court to "inquire or conduct a . . . State, 763 So.2d 1175, 1177 (Fla. 4th DCA 2000) (recognizing that the 1999 amendments to section 27.53 . . . Effective July 1, 2004, the legislature renumbered section 27.53(3) to section 27.5303(l)(a) and inserted . . .
. . . . § 27.53(4), Fla. Stat. (2007). . . .
. . . When the public defender, a special assistant public defender appointed pursuant to s. 27.53(2), or a . . .
. . . In his reply brief, Henyard argues that the governing law at the time of trial, notably section 27.53 . . . because of conflict of interest, it shall be his duty to move the court to appoint other counsel. § 27.53 . . . Notably, trial counsel’s motion to withdraw made no reference to section 27.53(3). . . . which the only witness that actually testified at trial was listed contained no reference to section 27.53 . . . these specific circumstances, we conclude that the motion did not satisfy the requirements of section 27.53 . . .
. . . Behr, 384 So.2d 147 (Fla.1980); see also §§ 27.53(2)-(3), .54(4), Fla. Stat. (2002). . . .
. . . In April 2001, pursuant to sections 27.53 and 925.036 of the Florida Statutes, the trial court appointed . . . Under section 925.036 of the Florida Statutes, attorneys appointed pursuant to section 27.53 of the Florida . . .
. . . Section 27.53(3), Florida Statutes (2002), provides: (3) If, at any time during the representation of . . .
. . . The applicable 1999 legislative amendment codified in section 27.53(3), Florida Statutes (2001), now . . .
. . . Florida Statutes (1997), states in pertinent part: (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . . by the chief judge of the circuit in 1991, states in pertinent part: Pursuant to Florida Statutes §§ 27.53 . . .
. . . Dellobuono’s counsel moved to withdraw pursuant to section 27.53, Florida Statutes, on the grounds that . . . Section 27.53(3), Florida Statutes (2000), which governs public defender’s offices, is consonant with . . . The appointed attorney shall be compensated as provided in s. 925.036. § 27.53(3), Fla. . . . State, 763 So.2d 1175 (Fla. 4th DCA 2000), section 27.53(3) also enables the court to sua sponte appoint . . .
. . . See § 27.53(3), Fla.Stat. (1999) (courts have the discretion to conduct a review when a conflict of interest . . .
. . . This was the result of an amendment to section 27.53(3), Florida Statutes (1999), and a reaction to the . . . unless the court determines that the asserted conflict is not prejudicial to the indigent client. § 27.53 . . . This is consistent with section 27.53(3) which permits the trial court to assess not only whether a conflict . . .
. . . interest; however, as we explained in Valle, Guzman has been abrogated by the recent amendment to section 27.53 . . .
. . . I believe that the amendment to section 27.53(3), Florida Statutes (1999), was enacted to force closer . . . The discretion that section 27.53(3) intended to give a trial court has been limited by our rigid, overbroad . . . Our use of Bouie prevents a trial court from evaluating prejudice under section 27.53(3) from the standpoint . . .
. . . Section 27.53(3), Florida Statutes (1999) reads: (3) If, at any time during the representation of two . . .
. . . public defenders in an entire branch of the Office, contravenes the express requirements of section 27.53 . . . the Office filed a motion to withdraw from representing Ward and to appoint independent counsel. § 27.53 . . . He is correct. § 27.53(3), Fla. Stat. (1999); see Guzman v. . . . The requirements of section 27.53(3), which governs public defenders’ offices, reflect concerns like . . . The language in section 27.53(3), Florida Statutes (1999), is consonant with the Florida Supreme Court . . .
. . . In Guzman our supreme court was construing section 27.53(3), Florida Statutes (1991), and that opinion . . . public defender points out that the comments to the committee notes to House Bill 327, amending section 27.53 . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients under section 27.53 . . .
. . . Merits Section 27.53(3), Florida Statutes (1997), provides, in pertinent part, If at any time during . . . in his or her capacity as such, or in Ms or her private practice, to represent those accused.... § 27.53 . . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . .
. . . discretion to deny a motion to withdraw when the public defender certifies conflict pursuant to section 27.53 . . .
. . . Once a public defender moves to withdraw under section 27.53(3), Florida Statutes, from the representation . . .
. . . compensation; reassignment of case prohibited (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . We also find that the trial judge properly exercised his discretion under section 27.53(3), Florida Statutes . . .
. . . Guzman makes it clear that under section 27.53, Florida Statutes, the trial court had no discretion in . . .
. . . their clients pursuant to sections 27.51(l)(c), and 39.041, Florida Statutes (Supp.1996), and section 27.53 . . .
. . . See also §§ 27.53, 925.035, Fla. Stat. (1995). . . .
. . . See § 27.53(3), Fla. Stat. (1997); Guzman v. State, 644 So.2d 996 (Fla.1994); Reardon v. . . .
. . . Section 27.53(3), Florida Statutes (1997), provides: “If at any time during the representation of two . . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . . Edwards, 412 So.2d 859 (Fla.1982), in which the Court stated that: “the language in section 27.53(3) . . . Since section 27.53(3) is clear and unambiguous, judicial interpretation is not appropriate to displace . . .
. . . Stat. (1995); § 27.53, Fla. Stat (1995); Green v. . . . Section 27.53(1) states in relevant part: Each assistant public defender appointed by a public defender . . . defender, in a criminal case in which such public defender has been appointed to represent the accused. § 27.53 . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . .
. . . create a conflict, other counsel for the indigent defendant should be appointed pursuant to subsection 27.53 . . .
. . . Likewise, subsection 27.53(3), Florida Statutes (1995) states: (3) If at any time during the representation . . . method by which the court may compensate a private attorney who is appointed under sections 925.035 or 27.53 . . . It states in relevant part: (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the . . . Goldstein”) to represent the defendant following the public defender’s motion pursuant to subsection 27.53 . . . appointed to represent Corchado, it is likely that he was appointed pursuant to sections 925.035 or 27.53 . . .
. . . State, 644 So.2d 996 (Fla.1994); § 27.53(3), Fla.Stat. (1993). . . .
. . . In that situation pursuant to section 27.53(3), Florida Statutes (1993), “a trial court must grant separate . . . defender’s certification of a conflict in representing defendant and a co-defendant, pursuant to section 27.53 . . .
. . . 27.73% District 6 602,774 402,995 191,421 332,407 238,560 91,507 100.00% 66.86% 31.76% 100.00% 71.77% 27.53% . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . . Although section 27.53(3) speaks in terms of conflict arising “at any time during the representation . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . .
. . . , appellant’s counsel, an assistant public defender, filed a motion to withdraw pursuant to section 27.53 . . . Section 27.53(3), Florida Statutes (1993), provides in pertinent part that: (3) If at any time during . . . The supreme court recently addressed section 27.53(3), Florida Statutes (1993), and stated that: [O]nce . . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . .
. . . client based on a conflict due to adverse or hostile interests between the two clients, under section 27.53 . . .
. . . In the 1980-81 school year, Roosevelt Middle School had an integrated student population of 27.53% African-American . . .
. . . public defender who was allowed to withdraw based on a certification of conflict pursuant to section 27.53 . . . the public defender has determined conflict and has moved the court to appoint other counsel “section 27.53 . . .
. . . create a conflict, other counsel for the indigent defendant shall be appointed pursuant to subsection 27.53 . . .
. . . Stereo, TV $ 600.00 10% $ 27.53 X 24 = $660.89 For 24 months, the balance of $231.24 per month would . . .
. . . create a conflict, other counsel for the indigent defendant should be appointed pursuant to subsection 27.53 . . .
. . . See § 27.53(3), Fla.Stat. (1989). . . .
. . . Section 523.16[1] (15th ed.). . 1 Norton Bankruptcy Law and Practice, Section 27.53 and 3 Collier on . . .
. . . The Court finds no violation of Florida Statute 454.18, 27, 51, and 27.53; Article II, Section 5(a) of . . .
. . . The hourly rate for attorneys appointed pursuant to F.S. 27.53 or F.S. 925.035 shall be not less than . . . (1), Florida Statutes (1987), provides that: (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . We noted that subsection 27.53(2), Florida Statutes, relied upon in Behr, was amended in 1981 to remove . . . This Court found in In re Order that the legislature in section 27.53(3) has provided the appropriate . . . create a conflict, other counsel for the indigent defendant should be appointed pursuant to subsection 27.53 . . . district court may either rule on the motion, and if proper appoint other counsel pursuant to subsection 27.53 . . .
. . . In 1981, following this Court’s decision in Behr, the legislature deleted from subsection 27.53(2) the . . . However, in subsection 27.53(3), Florida Statutes (1989), the legislature has provided an appropriate . . . Subsection 27.53(3) provides a valid mechanism to handle such situations. . . . Indeed, paragraph 27.53(3)(a) specifically provides that court-appointed private counsel should in no . . . First, although the amendment to subsection 27.53(2) deleted the only language that tied the payment . . .
. . . See § 27.53(3), Fla.Stat. (1987). . . .
. . . Section 27.53(3), Florida Statutes (1987) states, in pertinent part: (3) If at any time during the representation . . .
. . . Florida Statutes (1987), provides, in pertinent part: An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . Songer determinative of the law when applied to the facts of this case would cause Florida Statutes 27.53 . . . Son-ger was a narrowly limited opinion which upheld a trial court’s determination that nothing in section 27.53 . . .
. . . . § 27.53(3) (West 1974). . . .
. . . In Behr, the First District Court of Appeal relied on Florida Statute 27.53(2) which allows the trial . . . There is nothing in section 27.53(2) which excludes appellate work from the authority given therein to . . .
. . . 926.036 (1985) provides, in relevant part: “(1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . to the present statute, provided as follows: (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . 271.33 #11 12/2/84 Palm Court lounge 15.00 #19 12/4/84 Palm Court lounge 9.91 #20 Palm Court lounge 27.53 . . .
. . . Section 27.53(2); see also In re: Directive to the public defender of the Seventh Judicial Circuit, 6 . . .
. . . See generally Norton, Bankruptcy Law and Practice § 27.53 (rel. 11-82). . . .
. . . Norton, supra, § 27.53 n. 1.50 (Supp. 1984). . . .
. . . Section 925.036, Florida Statutes (1981) provides: (1) An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . Edwards, 412 So.2d 859 (Fla.1982), in which we held that the language of section 27.53(3), Florida Statutes . . .
. . . Contrary to appellant’s assertion, there is nothing in sections 27.53, 925.035 or 925.-036, Florida Statutes . . .
. . . An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation . . .
. . . . & Prac, § 27.53. . . .
. . . pertinent part: When the public defender, a special assistant public defender appointed pursuant to s. 27.53 . . .
. . . Peggy Ready, moved the court, pursuant to section 27.53(3), Florida Statutes (1981), for leave to withdraw . . . It there ruled that section 27.53(3) (Supp.1980) “clearly and unambiguously requires the trial court . . . The State argues that the language from the Supreme Court’s decision and in section 27.53(3), Florida . . . The relevant provisions of that statute provide: 27.53(3) If at any time during the representation of . . . We cannot agree that section 27.53(3), Florida Statutes (1981), and the opinion of the supreme court . . .
. . . See § 27.53(3), Fla.Stat. (1981). . . .
. . . defender’s office within a judicial circuit is a single “firm”, but based its conclusions on section 27.53 . . .
. . . appeal from an order of the trial court granting attorney’s fees to Dono-hoe, who, pursuant to Section 27.53 . . .
. . . Section 925.036(2), Florida Statutes (1979), provides: An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . two unrelated cases, Babb, the public defender for the Fifth Judicial Circuit, pursuant to section 27.53 . . . We find that the language in section 27.53(3) clearly and unambiguously requires the trial court to appoint . . . The legislature’s intent is made even clearer by the 1981 amendments to section 27.53(3). . . . Since section 27.53(3) is clear and unambiguous, judicial interpretation is not appropriate to displace . . . Accordingly, in response to the certified question, we hold that under the provisions of section 27.53 . . .
. . . The motion asked the court to appoint substitute counsel per section 27.53(3), Florida Statutes. . . .
. . . responsibility, the fact that Bacharach will be later compensated for his services pursuant to section 27.53 . . .
. . . Section 925.036 provides: An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion . . . 925.036, Florida Statutes (Supp. 1978), provides: An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . This is an appeal from an order declaring sections 27.53 and 925.036, Florida Statutes (1979), unconstitutional . . . Following a hearing, the court declared sections 27.53 and 925.036 unconstitutional and awarded them . . . This Court is concerned that Florida Statute 925.036 and 27.53 as applied in this case operates as an . . . Palm Beach County, 361 So.2d 135 (Fla.1978) and Florida Statutes 925.036 and 27.53 are an unconstitutional . . . We hold that sections 27.53 and 925.-036 are constitutional. . . .
. . . . § 27.53(2), and there has been no showing that other adequate representation is unavailable. . . .
. . . We must then consider the effect of the language in section 27.53(3), Florida Statutes (Supp.1980), upon . . . COBB, SHARP and COWART, JJ., concur. . § 27.53(3), Fla.Stat. . . .
. . . . — An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation . . . 1979), as follows: By its plain terms, this statute provides that an attorney appointed under Section 27.53 . . .
. . . provides as follows: “Appointed counsel; compensation—An attorney appointed pursuant to s. 925.035 or s. 27.53 . . .
. . . For the reasons developed below, we conclude that under Sections 27.53(2), (3), 925.036, Florida Statutes . . . II The statute [§ 27.53(3), Fla.Stat.(1979)], under which the respondents Mr. Goldstein and Mr. . . . The subject statute reads as follows: “An attorney appointed pursuant to s. 925.035 or s. 27.53 shall . . . Section 27.53(3), Florida Statutes (1979), however, contemplates the appointment of only one attorney . . . This was a misnomer as Section 27.53(3), Fla.Stat.(1979), under which Mr. Goldstein and Mr. . . .
. . . Section 27.53(2) allows the trial court the discretion to appoint as special assistant public defender . . . It argues further that section 27.53(3), Florida Statutes (1977), provides that the only circumstance . . . not state a “lawful ground” for the appointment of a special assistant public defender under section 27.53 . . . (2) or 27.53(3), Florida Statutes (1977). . . . holds that the appointment of private counsel in substitution for the public defender under section 27.53 . . . Section 27.53(2), Florida Statutes (1979), provides that the fees, costs, and expenses for a special . . .
. . . ADC spent 36.9 hours in 1966, but only 27.53 hours in 1967 and 24.06 hours in 1968 per GPM tent. . . . Tents Hourly Wage Rate Total Credit 1966 239.296.75 6,474 36.96 $1.49 1967 462.202.75 16,788 27.53 9.43 . . .
. . . ADC spent-36.9 hours in 1966, but only 27.53 hours in 1967 and 24.06 hours in 1968 per GPM tent. . . .
. . . 23.34 3.811 12 w 24.13 3.688 10 w 25.20 3.534 17 M 25.76 3.458 10 w 26.75 3.332 6 vw 27.08 3.293 17 M 27.53 . . .
. . . . §§ 27.53 and 925.035 authorize state trial courts by special assignment to appoint members of the bar . . .
. . . herein is whether a showing of a “lawful ground” or “special circumstances” is necessary under Sections 27.53 . . . A The controlling statute upon which the decision in this case rests is Section 27.53(2), Florida Statutes . . . Compare § 27.53(2), Fla.Stat. (1963). . . . State, 216 So.2d 44 (Fla. 1st DCA 1968), has held that Section 27.53(2), Florida Statutes (1977) means . . . I find it unnecessary to reach any of these questions because there is no provision in Section 27.53( . . . Section 27.53(2), Florida Statutes (1977), provides: “In addition, any member of the bar in good standing . . . appropriated money to pay for special assistant public defenders when appointed pursuant to Section 27.53 . . .
. . . Section 27.53(2) allows the trial court the discretion to appoint as special assistant public defender . . .
. . . See Section 27.53(1), Florida Statutes (1975); but cf. Attorney General Opinion 075-64. . . .
. . . , F.R.Cr.P., motion and that an attorney other than the Public Defender be appointed (pursuant to § 27.53 . . .
. . . Section 27.53(2), F.S.A., provides for the appointment of special assistant public defenders hy trial . . . As was Section 32.17 in the Carr case, Section 27.53(2) must be read in connection with Sections 142.10 . . . Section 27.53(2) provides special assistant public defenders’ fees “shall be fixed by the trial judge . . . There is no limitation of the amount to be paid a special assistant public defender in Section 27.53( . . . Section 27.53(2), F.S.A. . . .
. . . However, §27.53, F.S., is not the same as §61.15; §27.53 is in the chapter concerning the judiciary department . . . . §61.15 is in the divorce chapter. §27.53 concerns the salaries of public defenders and the authority . . .
. . . . § 27.53, F.S.A., is intended to facilitate legal services for the indigent accused, not his solvent . . .