Senate Bill sb1218c1
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Florida Senate - 2005 CS for SB 1218
By the Committee on Criminal Justice; and Senator Wise
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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 for a felony, misdemeanor,
6 or criminal contempt; amending s. 27.52, F.S.;
7 providing that failure of a child's parent or
8 legal guardian to furnish legal services and
9 costs does not bar the appointment of legal
10 counsel for the child; amending s. 985.203,
11 F.S.; requiring that a child be given a
12 meaningful opportunity to confer with counsel;
13 requiring that the court appoint counsel for an
14 indigent child if the child's parent or legal
15 guardian is the alleged victim in the case;
16 providing that the parent or guardian is not
17 liable for fees, charges, or costs upon a
18 finding by the court that the parent or
19 guardian is a victim of the offense; providing
20 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:
1
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Florida Senate - 2005 CS for SB 1218
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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.
11
12 The public defender shall not provide representation pursuant
13 to this paragraph if the court, prior to trial, files in the
14 cause an order of no imprisonment as provided in s. 27.512;
15 (c) Who is a child taken into custody for a felony, a
16 misdemeanor, or criminal contempt, or who is facing
17 delinquency proceedings under chapter 985 Alleged to be a
18 delinquent child pursuant to a petition filed before a circuit
19 court;
20 (d) Sought by petition filed in such court to be
21 involuntarily placed as a mentally ill person under part I of
22 chapter 394, involuntarily committed as a sexually violent
23 predator under part V of chapter 394, or involuntarily
24 admitted to residential services as a person with
25 developmental disabilities under chapter 393. A public
26 defender shall not represent any plaintiff in a civil action
27 brought under the Florida Rules of Civil Procedure, the
28 Federal Rules of Civil Procedure, or the federal statutes, or
29 represent a petitioner in a rule challenge under chapter 120,
30 unless specifically authorized by statute;
31
2
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Florida Senate - 2005 CS for SB 1218
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1 (e) Convicted and sentenced to death, for purposes of
2 handling an appeal to the Supreme Court; or
3 (f) Is appealing a matter in a case arising under
4 paragraphs (a)-(d).
5 (2) Except as provided in s. 985.203, the court may
6 not appoint the public defender to represent, even on a
7 temporary basis, any person who is not indigent. The court,
8 however, may appoint private counsel in capital cases as
9 provided in ss. 27.40 and 27.5303.
10 Section 2. Subsection (6) of section 27.52, Florida
11 Statutes, is amended to read:
12 27.52 Determination of indigent status.--
13 (6) A nonindigent parent or legal guardian of an
14 applicant who is a minor or an adult tax-dependent person
15 shall furnish the minor or adult tax-dependent person with the
16 necessary legal services and costs incident to a delinquency
17 proceeding or, upon transfer of such person for criminal
18 prosecution as an adult pursuant to chapter 985, a criminal
19 prosecution, in which the person has a right to legal counsel
20 under the Constitution of the United States or the
21 Constitution of the State of Florida. The failure of a parent
22 or legal guardian to furnish legal services and costs under
23 this section does not bar the appointment of legal counsel
24 pursuant to this section, s. 27.40, or s. 27.5303. When the
25 public defender, a special assistant public defender appointed
26 pursuant to s. 27.53(2), or a private attorney is appointed to
27 represent a minor or an adult tax-dependent person in any
28 proceeding in circuit court or in a criminal proceeding in any
29 other court, the parents or the legal guardian shall be liable
30 for payment of the fees, charges, and costs of the
31 representation even if the person is a minor being tried as an
3
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Florida Senate - 2005 CS for SB 1218
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1 adult. Liability for the fees, charges, and costs of the
2 representation shall be imposed in the form of a lien against
3 the property of the nonindigent parents or legal guardian of
4 the minor or adult tax-dependent person. The lien shall be
5 enforceable as provided in s. 27.561 or s. 938.29.
6 Section 3. Subsections (1) and (2) of section 985.203,
7 Florida Statutes, are amended to read:
8 985.203 Right to counsel.--
9 (1) A child is entitled to representation by legal
10 counsel at all stages of any proceedings under this part. If
11 the child and the parents or other legal guardian are indigent
12 and unable to employ counsel for the child, the court shall
13 appoint counsel pursuant to s. 27.52. Determination of
14 indigence and costs of representation shall be as provided by
15 ss. 27.52 and 938.29. Legal counsel representing a child who
16 exercises the right to counsel shall be allowed to provide
17 advice and counsel to the child at any time subsequent to the
18 child's arrest, including prior to a detention hearing while
19 in secure detention care. A child shall be represented by
20 legal counsel at all stages of all court proceedings unless
21 the right to counsel is freely, knowingly, and intelligently
22 waived by the child after the child has been given a
23 meaningful opportunity to confer with counsel. If the child
24 appears without counsel, the court shall advise the child of
25 his or her rights with respect to representation of
26 court-appointed counsel.
27 (2) If the parents or legal guardian of an indigent
28 child are not indigent but refuse to employ counsel, the court
29 shall appoint counsel pursuant to s. 27.52 to represent the
30 child at the detention hearing and until counsel is provided.
31 Costs of representation are hereby imposed as provided by ss.
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Florida Senate - 2005 CS for SB 1218
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1 27.52 and 938.29. Thereafter, the court shall not appoint
2 counsel for an indigent child with nonindigent parents or
3 legal guardian but shall order the parents or legal guardian
4 to obtain private counsel. A parent or legal guardian of an
5 indigent child who has been ordered to obtain private counsel
6 for the child and who willfully fails to follow the court
7 order shall be punished by the court in civil contempt
8 proceedings. If the parent or legal guardian is also the
9 alleged victim in the case, the court may not order the parent
10 or guardian to obtain private counsel but shall appoint
11 counsel pursuant to s. 27.52 to represent the indigent child.
12 At the disposition and upon a finding by the court that the
13 parent or legal guardian is a victim of the offense, the
14 parent or legal guardian shall not be liable for fees,
15 charges, or costs under s. 27.52, s. 938.29, or this chapter.
16 Section 4. This act shall take effect July 1, 2005.
17
18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 1218
20
21 - The CS expands the authority of the public defender to
represent an indigent youth who is "taken into custody
22 for a felony, a misdemeanor, or criminal contempt, or who
is facing delinquency proceedings under chapter 985,
23 F.S."
24 - In addition, the CS provides that a youth may only waive
the right to counsel after he or she has been given a
25 meaningful opportunity to confer with counsel.
26 - The CS also provides that if the court makes a finding
that the parent or legal guardian is a victim of the
27 offense, they will not be held liable for paying court
fees and costs.
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