Senate Bill sb0526

CODING: Words stricken are deletions; words underlined are additions.
    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:

19  

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;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 526
    5-110-06




 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.

 7  

 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).

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 526
    5-110-06




 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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    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.

18  

19            *****************************************

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.
25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.