Senate Bill sb0526c1

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    Florida Senate - 2006                            CS for SB 526

    By the Committee on Judiciary; and Senator Wise





    590-1728-06

  1                      A bill to be entitled

  2         An act relating to juvenile defendants;

  3         amending s. 27.51, F.S.; requiring that the

  4         public defender represent an indigent child

  5         taken into custody under specified delinquency

  6         provisions; amending s. 985.203, F.S.;

  7         requiring that a child be represented at a

  8         specified point in delinquency court

  9         proceedings unless the right to counsel is

10         waived after receiving advice of counsel;

11         providing that counsel be permitted to advise a

12         child after a specified point in delinquency

13         court proceedings; requiring that the court

14         appoint counsel for an indigent child if the

15         child's parent or legal guardian is the alleged

16         victim in the case; providing that the parents

17         or legal guardian is not liable for fees,

18         charges, or costs upon a finding by the court

19         that a parent or legal guardian is a victim of

20         the offense; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Subsections (1) and (2) of section 27.51,

25  Florida Statutes, are amended to read:

26         27.51  Duties of public defender.--

27         (1)  The public defender shall represent, without

28  additional compensation, any person determined to be indigent

29  under s. 27.52 and:

30         (a)  Under arrest for, or charged with, a felony;

31         (b)  Under arrest for, or charged with:

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    Florida Senate - 2006                            CS for SB 526
    590-1728-06




 1         1.  A misdemeanor authorized for prosecution by the

 2  state attorney;

 3         2.  A violation of chapter 316 punishable by

 4  imprisonment;

 5         3.  Criminal contempt; or

 6         4.  A violation of a special law or county or municipal

 7  ordinance ancillary to a state charge, or if not ancillary to

 8  a state charge, only if the public defender contracts with the

 9  county or municipality to provide representation pursuant to

10  ss. 27.54 and 125.69.

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12  The public defender may shall not provide representation under

13  pursuant to this paragraph if the court, before prior to

14  trial, files in the cause an order of no imprisonment as

15  provided in s. 27.512;

16         (c)  Who is a child taken into custody under s. 985.207

17  or s. 985.2075 Alleged to be a delinquent child pursuant to a

18  petition filed before a circuit court;

19         (d)  Sought by petition filed in such court to be

20  involuntarily placed as a mentally ill person under part I of

21  chapter 394, involuntarily committed as a sexually violent

22  predator under part V of chapter 394, or involuntarily

23  admitted to residential services as a person with

24  developmental disabilities under chapter 393. A public

25  defender may shall not represent any plaintiff in a civil

26  action brought under the Florida Rules of Civil Procedure, the

27  Federal Rules of Civil Procedure, or the federal statutes, or

28  represent a petitioner in a rule challenge under chapter 120,

29  unless specifically authorized by statute;

30         (e)  Convicted and sentenced to death, for purposes of

31  handling an appeal to the Supreme Court; or

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    Florida Senate - 2006                            CS for SB 526
    590-1728-06




 1         (f)  Is appealing a matter in a case arising under

 2  paragraphs (a)-(d).

 3         (2)  Except as provided in s. 985.203, the court may

 4  not appoint the public defender to represent, even on a

 5  temporary basis, any person who is not indigent. The court,

 6  however, may appoint private counsel in capital cases as

 7  provided in ss. 27.40 and 27.5303.

 8         Section 2.  Subsections (1) and (2) of section 985.203,

 9  Florida Statutes, are amended to read:

10         985.203  Right to counsel.--

11         (1)  A child shall be represented is entitled to

12  representation by legal counsel at all stages of any

13  delinquency court proceedings occurring after the child has

14  been taken into custody under s. 985.207 or s. 985.2075,

15  unless the right to counsel is freely, knowingly, and

16  intelligently waived by the child after he or she has been

17  advised by counsel under this part. If the child and the

18  parents or other legal guardian are indigent and unable to

19  employ counsel for the child, the court shall appoint counsel

20  pursuant to s. 27.52. Determination of indigence and costs of

21  representation shall be as provided by ss. 27.52 and 938.29.

22  Legal Counsel representing a child who exercises the right to

23  counsel shall be allowed to provide advice and counsel to the

24  child at any time after the child has been taken into custody

25  under s. 985.207 or s. 985.2075 subsequent to the child's

26  arrest, including prior to a detention hearing while in secure

27  detention care. A child shall be represented by legal counsel

28  at all stages of all court proceedings unless the right to

29  counsel is freely, knowingly, and intelligently waived by the

30  child. If the child appears without counsel, the court shall

31  

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    Florida Senate - 2006                            CS for SB 526
    590-1728-06




 1  advise the child of his or her rights with respect to

 2  representation of court-appointed counsel.

 3         (2)  If the parents or legal guardian of an indigent

 4  child are not indigent but refuse to employ counsel, the court

 5  shall appoint counsel pursuant to s. 27.52 to represent the

 6  child at the detention hearing and until counsel is provided.

 7  Costs of representation shall be are hereby imposed as

 8  provided by ss. 27.52 and 938.29. Thereafter, the court may

 9  shall not appoint counsel for an indigent child who has with

10  nonindigent parents or a nonindigent legal guardian but shall

11  order the parents or legal guardian to obtain private counsel.

12  A parent or legal guardian of an indigent child who has been

13  ordered to obtain private counsel for the child and who

14  willfully fails to follow the court order shall be punished by

15  the court in civil contempt proceedings. If a parent or legal

16  guardian is also an alleged victim in the case, the court may

17  not order the parents or legal guardian to obtain private

18  counsel but shall appoint counsel pursuant to s. 27.52 to

19  represent the indigent child. At the disposition of the case

20  and upon a finding by the court that a parent or legal

21  guardian is a victim of the offense, the parents or legal

22  guardian shall not be liable for fees, charges, or costs under

23  s. 27.52, s. 938.29, or this chapter.

24         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                            CS for SB 526
    590-1728-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 526

 3                                 

 4  --   Clarifies proposed language for modifying the point when
         the public defender would be required to represent an
 5       indigent child under s. 27.51(1), F.S.

 6  --   Clarifies proposed language for the point when a child's
         right to counsel attaches under s. 985.203(1), F.S.
 7  
    --   Clarifies proposed language regarding a child's waiver of
 8       the right to counsel. Provides that a child must be
         advised by counsel prior to waiving his or her right to
 9       counsel.

10  --   Provides clarification regarding when counsel is
         authorized to provide advice to a child. Specifies that
11       counsel m ay provide advice any time after the child's
         right to counsel attaches.
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    --   Provides clarification regarding the nonliability of the
13       parents or legal guardian in cases where a parent or
         legal guardian is the victim of the offense in the case.
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