Senate Bill sb0526
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Florida Senate - 2006 SB 526
By Senator Wise
5-110-06
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 for a felony, misdemeanor,
6 or criminal contempt; amending s. 985.203,
7 F.S.; requiring that a child be given a
8 meaningful opportunity to confer with counsel;
9 requiring that the court appoint counsel for an
10 indigent child if the child's parent or legal
11 guardian is the alleged victim in the case;
12 providing that the parent or guardian is not
13 liable for fees, charges, or costs upon a
14 finding by the court that the parent or
15 guardian is a victim of the offense; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsections (1) and (2) of section 27.51,
21 Florida Statutes, are amended to read:
22 27.51 Duties of public defender.--
23 (1) The public defender shall represent, without
24 additional compensation, any person determined to be indigent
25 under s. 27.52 and:
26 (a) Under arrest for, or charged with, a felony;
27 (b) Under arrest for, or charged with:
28 1. A misdemeanor authorized for prosecution by the
29 state attorney;
30 2. A violation of chapter 316 punishable by
31 imprisonment;
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Florida Senate - 2006 SB 526
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1 3. Criminal contempt; or
2 4. A violation of a special law or county or municipal
3 ordinance ancillary to a state charge, or if not ancillary to
4 a state charge, only if the public defender contracts with the
5 county or municipality to provide representation pursuant to
6 ss. 27.54 and 125.69.
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8 The public defender may shall not provide representation under
9 pursuant to this paragraph if the court, before prior to
10 trial, files in the cause an order of no imprisonment as
11 provided in s. 27.512;
12 (c) Who is a child taken into custody for a felony, a
13 misdemeanor, or criminal contempt, or who is facing
14 delinquency proceedings under chapter 985 Alleged to be a
15 delinquent child pursuant to a petition filed before a circuit
16 court;
17 (d) Sought by petition filed in such court to be
18 involuntarily placed as a mentally ill person under part I of
19 chapter 394, involuntarily committed as a sexually violent
20 predator under part V of chapter 394, or involuntarily
21 admitted to residential services as a person with
22 developmental disabilities under chapter 393. A public
23 defender may shall not represent any plaintiff in a civil
24 action brought under the Florida Rules of Civil Procedure, the
25 Federal Rules of Civil Procedure, or the federal statutes, or
26 represent a petitioner in a rule challenge under chapter 120,
27 unless specifically authorized by statute;
28 (e) Convicted and sentenced to death, for purposes of
29 handling an appeal to the Supreme Court; or
30 (f) Is appealing a matter in a case arising under
31 paragraphs (a)-(d).
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Florida Senate - 2006 SB 526
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1 (2) Except as provided in s. 985.203, the court may
2 not appoint the public defender to represent, even on a
3 temporary basis, any person who is not indigent. The court,
4 however, may appoint private counsel in capital cases as
5 provided in ss. 27.40 and 27.5303.
6 Section 2. 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 after subsequent
18 to the child's arrest, including before prior to a detention
19 hearing while the child is in secure detention care. A child
20 shall be represented by legal counsel at all stages of all
21 court proceedings unless the right to counsel is freely,
22 knowingly, and intelligently waived by the child after the
23 child has been given a meaningful opportunity to confer with
24 counsel. If the child appears without counsel, the court shall
25 advise the child of his or her rights with respect to
26 representation of 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 shall be are hereby imposed as
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Florida Senate - 2006 SB 526
5-110-06
1 provided by ss. 27.52 and 938.29. Thereafter, the court may
2 shall not appoint counsel for an indigent child who has with
3 nonindigent parents or a nonindigent legal guardian but shall
4 order the parents or legal guardian to obtain private counsel.
5 A parent or legal guardian of an indigent child who has been
6 ordered to obtain private counsel for the child and who
7 willfully fails to follow the court order shall be punished by
8 the court in civil contempt proceedings. If the parent or
9 legal guardian is also the alleged victim in the case, the
10 court may not order the parent or guardian to obtain private
11 counsel but shall appoint counsel pursuant to s. 27.52 to
12 represent the indigent child. At the disposition and upon a
13 finding by the court that the parent or legal guardian is a
14 victim of the offense, the parent or legal guardian is not
15 liable for fees, charges, or costs under s. 27.52, s. 938.29,
16 or this chapter.
17 Section 3. This act shall take effect July 1, 2006.
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20 SENATE SUMMARY
21 Requires the public defender to represent an indigent
child taken into custody. Requires that a child be given a
22 meaningful opportunity to confer with counsel. Requires the
court to appoint counsel for an indigent child if the child's
23 parent or legal guardian is the alleged victim in the case.
Provides that the parent or guardian is not liable for fees,
24 charges, or costs if the court finds that the parent or
guardian is a victim of the offense.
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