The Florida Senate

¹939.07  Pay of defendant's witnesses.--In all criminal cases prosecuted in the name of the state in the circuit courts or county courts in this state where the defendant is indigent or discharged, the county shall pay the legal expenses and costs, as is prescribed for the payment of costs incurred by the county in the prosecution of such cases, including the cost of the defendant's copy of all depositions and transcripts which are certified by the defendant's attorney as serving a useful purpose in the disposition of the case; provided, that before any witness is subpoenaed on behalf of a defendant in the circuit or county court an application shall be made to the judge, in writing, on behalf of the defendant, setting forth the substance of the facts sought to be proved by the witness or witnesses, making affidavit that the defendant is insolvent, and if upon such showing the judge is satisfied that the witness or witnesses are necessary for the proper defense of the defendant, he or she shall order that subpoena issue, and that the costs as herein provided shall be paid by the county, and not otherwise.

History.--s. 1, chs. 5131 and 5132, 1903; GS 4063; RGS 6167; CGL 8481; s. 44, ch. 73-334; s. 6, ch. 82-176; s. 7, ch. 85-213; s. 1591, ch. 97-102; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.