1(1) 2The public defender shall represent, without additional compensation, any person determined to be indigent under s. 1827.52 19and:20(a) 21Under arrest for, or charged with, a felony;
29(b) 30Under arrest for, or charged with:361. 37A misdemeanor authorized for prosecution by the state attorney;
462. 47A violation of chapter 316 punishable by imprisonment;
553. 56Criminal contempt; or
594. 60A violation of a special law or county or municipal ordinance ancillary to a state charge, or if not ancillary to a state charge, only if the public defender contracts with the county or municipality to provide representation pursuant to ss. 10127.54 102and 103125.69104. 105The public defender shall not provide representation pursuant to this paragraph if the court, prior to trial, files in the cause an order of no imprisonment as provided in s. 13527.512;
136(c) 137Alleged to be a delinquent child pursuant to a petition filed before a circuit court;
152(d) 153Sought by petition filed in such court to be involuntarily placed as a mentally ill person under part I of chapter 394, involuntarily committed as a sexually violent predator under part V of chapter 394, or involuntarily admitted to residential services as a person with developmental disabilities under chapter 393. A public defender shall not represent any plaintiff in a civil action brought under the Florida Rules of Civil Procedure, the Federal Rules of Civil Procedure, or the federal statutes, or represent a petitioner in a rule challenge under chapter 120, unless specifically authorized by statute;
249(e) 250Convicted and sentenced to death, for purposes of handling an appeal to the Supreme Court; or
266(f) 267Is appealing a matter in a case arising under paragraphs (a)-(d).
278(2) 279The court may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent. The court, however, may appoint private counsel in capital cases as provided in ss. 31427.40 315and 31627.5303317. 318(3) 319Each public defender shall serve on a full-time basis and is prohibited from engaging in the private practice of law while holding office. Assistant public defenders shall give priority and preference to their duties as assistant public defenders and shall not otherwise engage in the practice of criminal law.
368(4) 369The public defender for the judicial circuit specified in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all circuit court and county court appeals within the state courts system and any authorized appeals to the federal courts required of the official making such request:443(a) 444Public defender of the second judicial circuit, on behalf of any public defender within the district comprising the First District Court of Appeal.
467(b) 468Public defender of the tenth judicial circuit, on behalf of any public defender within the district comprising the Second District Court of Appeal.
491(c) 492Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.
515(d) 516Public defender of the fifteenth judicial circuit, on behalf of any public defender within the district comprising the Fourth District Court of Appeal.
539(e) 540Public defender of the seventh judicial circuit, on behalf of any public defender within the district comprising the Fifth District Court of Appeal.
563(5)(a) 564When direct appellate proceedings prosecuted by a public defender on behalf of an accused and challenging a judgment of conviction and sentence of death terminate in an affirmance of such conviction and sentence, whether by the Florida Supreme Court or by the United States Supreme Court or by expiration of any deadline for filing such appeal in a state or federal court, the public defender shall notify the accused of his or her rights pursuant to Rule 3.851, Florida Rules of Criminal Procedure, including any time limits pertinent thereto, and shall advise such person that representation in any collateral proceedings is the responsibility of the capital collateral regional counsel. The public defender shall then forward all original files on the matter to the capital collateral regional counsel, retaining such copies for his or her files as may be desired.
703(b) 704It is the intent of the Legislature that any public defender representing an inmate in any collateral proceedings in any court on June 24, 1985, shall continue representation of that inmate in all postconviction proceedings unless relieved of responsibility from further representation by the court.
749(6) 750A sum shall be appropriated to the public defender of each judicial circuit enumerated in subsection (4) for the employment of assistant public defenders and clerical employees and the payment of expenses incurred in cases on appeal.
