Florida Budget Fight Could Widen Pay Gap Between Public Defenders, Prosecutors

Florida's budget standoff over criminal justice staffing could leave the lawyers defending the poor further behind the lawyers prosecuting them — a gap that affects every courtroom in Martin, St. Lucie, and Indian River counties.

The House, in its latest offer during the Legislature's Special Session budget conference, is proposing a $10,000 pay increase for Assistant State Attorneys and just $3,500 for Assistant Public Defenders. As of May 14, the Senate has proposed no new funding for either office. Legal professionals warn the disparity is not a technicality — it is a structural threat to the Treasure Coast's criminal justice system.

Under the House offer, State Attorney offices statewide would receive 40 new full-time positions and $4.4 million in funding. Public Defender offices would get eight positions and $1.8 million. The Florida Public Defender Association asked for 38 positions and $7.3 million — a request the House funded at roughly a quarter of its dollar value.

The imbalance matters because it sharpens a recruiting crisis already years in the making. New Assistant Public Defenders can be offered as little as $64,000 a year, depending on the circuit, according to the Florida Bar's report last year citing Florida Public Defender Association President Stacy Scott. Assistant State Attorneys in Southwest Florida's 20th Judicial Circuit start at $80,000. For a young lawyer carrying student debt, that spread is decisive.

Scott told the Florida Bar that turnover among public defenders runs at roughly 20% statewide, driven largely by a pay gap that has fallen below 50% of prosecutor salaries in some circuits. Every departing defender is a caseload problem for those who remain — and an appellate risk for defendants whose constitutional right to counsel depends on an attorney who has time to prepare.

The problem is not new. Last year, Gov. Ron DeSantis vetoed more than $3.1 million in public defender pay increases that had been included in the state budget. Pay increases for prosecutors were left intact.

Research from the Brennan Center for Justice and the nonprofit Vera found that public defense has been underfunded for decades nationally, and parity with prosecution remains a distant goal in Florida and most other states.

Budget conference negotiations are continuing. The Senate's position could shift, and the House offer remains preliminary. A final agreement would require both chambers to reconcile their positions before the Special Session concludes. Officials said

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