SECTION 27.52, FLORIDA STATUTES (Effective July 1, 2004)

INDIGENCE IN CRIMINAL CASES

•          CLERK OF COURT DETERMINES INDIGENCE (§ 27.52(1))

•          INDIGENCE DETERMINATION MADE WHEN PERSON APPLIES FOR:

            - Public Defender

            - Private Attorney

            - Due Process Services

•          PUBLIC DEFENDER OBTAINS INDIGENCE INFORMATION FROM DEFENDANT IF A DEFENDANT IS INCARCERATED (§ 27.52(1))

•          COURT MAY MAKE A PROVISIONAL APPOINTMENT OF COUNSEL OR SERVICES IF CLERK HAS NOT MADE INDIGENCE DETERMINATION (§ 27.52(1))

•          PROVISIONAL APPOINTMENT OF SERVICES IS MADE PENDING THE CLERK’S REVIEW OF INDIGENCE (§ 27.52(1))

•          IF CLERK SUBSEQUENTLY FINDS APPLICANT WHO RECEIVED PROVISIONAL SERVICES IS NOT INDIGENT, COURT MAKES FINAL DETERMINATION (§ 27.52(4)(b))

•          APPLICANT MAY SEEK REVIEW OF CLERK’S INDIGENCE DETERMINATION AT THE “NEXT SCHEDULED HEARING” (§ 27.52(1))   

•          $40 APPLICATION FEE DUE TO CLERK FOR EACH AFFIDAVIT OF INDIGENCE FILED (§ 27.52(2)(a))

•          PERSON FOUND TO BE INDIGENT SHALL NOT BE REFUSED SERVICES FOR FAILURE TO PAY THE $40 FEE (§ 27.52(4)(b))