(1) The determination of indigency of any accused person shall be made by the court at any stage of the proceedings. Any accused person claiming indigency shall file with the court an affidavit which shall contain the factual information required in subsection (2).

(2)

(a) A person is indigent for the purposes of this part if he or she is unable to pay for the services of an attorney, including costs of investigation, without substantial hardship to the person or his or her family.

(b) In determining whether a defendant is indigent, the court shall determine whether any of the following facts exist, and the existence of any such fact shall create a presumption that the defendant is not indigent: 1. The defendant has been released on bail in the amount of $5,000 or more. 2. The defendant has no dependents and his or her gross income exceeds $100 per week; or, if the defendant has dependents, his or her gross income exceeds $100 per week plus $20 per week for each of the first two dependents of the defendant and $10 per week for each additional dependent. 3. The defendant owns cash in excess of $500.

(c) The court shall also consider the following additional circumstances in determining whether a defendant is indigent: 1. The probable expense and burden of defending the case; 2. The ownership of, or equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property by the defendant; and 3. The amount of debts owed by defendant or debts that might be incurred by the defendant because of illness or other misfortunes within the family.

(d) A nonindigent parent or legal guardian of a dependent person under the age of 18 years shall furnish such person with the necessary legal services and costs incident to a delinquency proceeding in which the person has a right to legal counsel under the Constitution of the United States or the Constitution of the State of Florida. The failure of a parent or legal guardian to furnish legal services and costs under this section shall not bar the appointment of legal counsel pursuant to s. 27.53. When the public defender, a special assistant public defender appointed pursuant to s. 27.53(2), or appointed private legal counsel is appointed to represent a minor in any proceeding in circuit court or in a criminal proceeding in any other court, the parents or the legal guardian of the minor shall be liable for the costs of such representation in an amount not to exceed $1,250. Liability for the costs of such representation may be imposed in the form of a lien against the property of the parents or the legal guardian of the minor, which lien shall be enforceable as provided in s. 27.56 or s. 27.561. The court shall determine the amount of the obligation; and, in determining the amount of the obligation, the court shall follow the procedure outlined by this section.

(3) If the trial court shall determine and adjudge, within 1 year after the determination of indigency, that any accused was erroneously or improperly determined to be indigent, the state attorney may, in the name of the state, proceed against such accused for the reasonable value of the services rendered to the accused and including all costs paid by the state or county in his or her behalf. Any amount recovered shall be remitted to the board of county commissioners of the county wherein the accused was tried. The funds shall be deposited in the fine and forfeiture fund of that county and be used to defray the expenses incurred by the county with respect to the defense of defendants in criminal prosecutions. History: s. 3, ch. 63-409; s. 1, ch. 70-57; s. 4, ch. 73-334; s. 1, ch. 77-99; s. 1, ch. 77-378; s. 8, ch. 79-164; s. 3, ch. 80-376; s. 1, ch. 81-273; s. 139, ch. 95-147.