Senate Bill sb0088
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Florida Senate - 2007 SB 88
By Senator Wise
5-167-07
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. 985.033, 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 parent
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.
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22 Be It Enacted by the Legislature of the State of Florida:
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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 - 2007 SB 88
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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. 985.101
17 or s. 985.105 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 - 2007 SB 88
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1 (f) Is appealing a matter in a case arising under
2 paragraphs (a)-(d).
3 (2) Except as provided in s. 985.033, 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 (3) of section 985.033,
9 Florida Statutes, are amended to read:
10 985.033 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. 985.101 or s. 985.105, unless
15 the right to counsel is freely, knowingly, and intelligently
16 waived by the child after he or she has been advised by
17 counsel under this chapter. If the child and the parents or
18 other legal guardian are indigent and unable to employ counsel
19 for the child, the court shall appoint counsel under s. 27.52.
20 Determination of indigence and costs of representation shall
21 be as provided by ss. 27.52 and 938.29. Legal Counsel
22 representing a child who exercises the right to counsel shall
23 be allowed to provide advice and counsel to the child at any
24 time after the child has been taken into custody under s.
25 985.101 or s. 985.105 subsequent to the child's arrest,
26 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
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Florida Senate - 2007 SB 88
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1 advise the child of his or her rights with respect to
2 representation of court-appointed counsel.
3 (3) 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 are not liable for fees, charges, or costs under s.
23 27.52, s. 938.29, or this chapter.
24 Section 3. This act shall take effect July 1, 2007.
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2 SENATE SUMMARY
3 Requires that the public defender represent an indigent
child taken into custody under specified delinquency
4 provisions. Requires that a child be represented at a
specified point in delinquency court proceedings unless
5 the right to counsel is waived after receiving advice of
counsel. Provides that counsel be permitted to advise a
6 child after a specified point in delinquency court
proceedings. Requires that the court appoint counsel for
7 an indigent child if the child's parent or legal guardian
is the alleged victim in the case. Provides that the
8 parent or legal guardian is not liable for fees, charges,
or costs upon a finding by the court that a parent or
9 legal guardian is a victim of the offense.
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