Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 335, 1st Eng.
Barcode 861676
CHAMBER ACTION
Senate House
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11 Senator Wise moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On line 797, delete that line
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16 and insert:
17 Section 11. Subsections (1) and (2) of section 27.51,
18 Florida Statutes, are amended to read:
19 27.51 Duties of public defender.--
20 (1) The public defender shall represent, without
21 additional compensation, any person determined to be indigent
22 under s. 27.52 and:
23 (a) Under arrest for, or charged with, a felony;
24 (b) Under arrest for, or charged with:
25 1. A misdemeanor authorized for prosecution by the
26 state attorney;
27 2. A violation of chapter 316 punishable by
28 imprisonment;
29 3. Criminal contempt; or
30 4. A violation of a special law or county or municipal
31 ordinance ancillary to a state charge, or if not ancillary to
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 335, 1st Eng.
Barcode 861676
1 a state charge, only if the public defender contracts with the
2 county or municipality to provide representation pursuant to
3 ss. 27.54 and 125.69.
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5 The public defender may shall not provide representation under
6 pursuant to this paragraph if the court, before prior to
7 trial, files in the cause an order of no imprisonment as
8 provided in s. 27.512;
9 (c) Who is a child taken into custody under s. 985.207
10 or s. 985.2075 Alleged to be a delinquent child pursuant to a
11 petition filed before a circuit court;
12 (d) Sought by petition filed in such court to be
13 involuntarily placed as a mentally ill person under part I of
14 chapter 394, involuntarily committed as a sexually violent
15 predator under part V of chapter 394, or involuntarily
16 admitted to residential services as a person with
17 developmental disabilities under chapter 393. A public
18 defender may shall not represent any plaintiff in a civil
19 action brought under the Florida Rules of Civil Procedure, the
20 Federal Rules of Civil Procedure, or the federal statutes, or
21 represent a petitioner in a rule challenge under chapter 120,
22 unless specifically authorized by statute;
23 (e) Convicted and sentenced to death, for purposes of
24 handling an appeal to the Supreme Court; or
25 (f) Is appealing a matter in a case arising under
26 paragraphs (a)-(d).
27 (2) Except as provided in s. 985.203, the court may
28 not appoint the public defender to represent, even on a
29 temporary basis, any person who is not indigent. The court,
30 however, may appoint private counsel in capital cases as
31 provided in ss. 27.40 and 27.5303.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 335, 1st Eng.
Barcode 861676
1 Section 12. Subsections (1) and (2) of section
2 985.203, Florida Statutes, are amended to read:
3 985.203 Right to counsel.--
4 (1) A child shall be represented is entitled to
5 representation by legal counsel at all stages of any
6 delinquency court proceedings occurring after the child has
7 been taken into custody under s. 985.207 or s. 985.2075,
8 unless the right to counsel is freely, knowingly, and
9 intelligently waived by the child after he or she has been
10 advised by counsel under this part. If the child and the
11 parents or other legal guardian are indigent and unable to
12 employ counsel for the child, the court shall appoint counsel
13 pursuant to s. 27.52. Determination of indigence and costs of
14 representation shall be as provided by ss. 27.52 and 938.29.
15 Legal Counsel representing a child who exercises the right to
16 counsel shall be allowed to provide advice and counsel to the
17 child at any time after the child has been taken into custody
18 under s. 985.207 or s. 985.2075 subsequent to the child's
19 arrest, including prior to a detention hearing while in secure
20 detention care. A child shall be represented by legal counsel
21 at all stages of all court proceedings unless the right to
22 counsel is freely, knowingly, and intelligently waived by the
23 child. If the child appears without counsel, the court shall
24 advise the child of his or her rights with respect to
25 representation of court-appointed counsel.
26 (2) If the parents or legal guardian of an indigent
27 child are not indigent but refuse to employ counsel, the court
28 shall appoint counsel pursuant to s. 27.52 to represent the
29 child at the detention hearing and until counsel is provided.
30 Costs of representation shall be are hereby imposed as
31 provided by ss. 27.52 and 938.29. Thereafter, the court may
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 335, 1st Eng.
Barcode 861676
1 shall not appoint counsel for an indigent child who has with
2 nonindigent parents or a nonindigent legal guardian but shall
3 order the parents or legal guardian to obtain private counsel.
4 A parent or legal guardian of an indigent child who has been
5 ordered to obtain private counsel for the child and who
6 willfully fails to follow the court order shall be punished by
7 the court in civil contempt proceedings. If a parent or legal
8 guardian is also an alleged victim in the case, the court may
9 not order the parents or legal guardian to obtain private
10 counsel but shall appoint counsel pursuant to s. 27.52 to
11 represent the indigent child. At the disposition of the case
12 and upon a finding by the court that a parent or legal
13 guardian is a victim of the offense, the parents or legal
14 guardian shall not be liable for fees, charges, or costs under
15 s. 27.52, s. 938.29, or this chapter.
16 Section 13. This act shall take effect July 1, 2006.
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On line 74, after the semicolon,
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23 insert:
24 amending s. 27.51, F.S.; requiring that the
25 public defender represent an indigent child
26 taken into custody under specified delinquency
27 provisions; amending s. 985.203, F.S.;
28 requiring that a child be represented at a
29 specified point in delinquency court
30 proceedings unless the right to counsel is
31 waived after receiving advice of counsel;
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 335, 1st Eng.
Barcode 861676
1 providing that counsel be permitted to advise a
2 child after a specified point in delinquency
3 court proceedings; requiring that the court
4 appoint counsel for an indigent child if the
5 child's parent or legal guardian is the alleged
6 victim in the case; providing that the parents
7 or legal guardian is not liable for fees,
8 charges, or costs upon a finding by the court
9 that a parent or legal guardian is a victim of
10 the offense;
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