(1) In each case in which the court determines that it will not sentence the defendant to imprisonment if convicted, the court shall issue an order of no imprisonment and the court may not appoint the public defender or other counsel to represent the defendant. If the court issues an order of no imprisonment following the appointment of the public defender or other counsel, the court shall immediately terminate the appointed counsel’s services. However, if at any time the court withdraws the order of no imprisonment with respect to an indigent defendant, the court shall appoint the public defender to represent the defendant.
(2) The form and contents of an order of no imprisonment shall be determined by rules adopted by the Supreme Court.
History.—s. 3, ch. 97-107; s. 5, ch. 2007-62.
Structure Florida Statutes
Chapter 27 - State Attorneys; Public Defenders; Related Offices
Part III - Public Defenders and Other Court-Appointed Counsel (Ss. 27.40-27.59)
27.40 - Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
27.405 - Court-appointed counsel; Justice Administrative Commission tracking and reporting.
27.50 - Public defender; qualifications; election.
27.51 - Duties of public defender.
27.5111 - Indigent Civil Defense Trust Fund.
27.5112 - Electronic filing and receipt of court documents.
27.512 - Order of no imprisonment.
27.52 - Determination of indigent status.
27.525 - Indigent Criminal Defense Trust Fund.
27.53 - Appointment of assistants and other staff; method of payment.
27.5303 - Public defenders; criminal conflict and civil regional counsel; conflict of interest.
27.5304 - Private court-appointed counsel; compensation; notice.
27.5305 - Attorney or provider compensation; conditions; requirements.
27.54 - Limitation on payment of expenditures other than by the state.
27.561 - Effect of nonpayment.
27.562 - Disposition of funds.