| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to juvenile defendants; amending s. 27.51, |
| 7 | F.S.; requiring that the public defender represent an |
| 8 | indigent child taken into custody for a felony, a |
| 9 | misdemeanor, or criminal contempt; amending s. 985.203, |
| 10 | F.S.; requiring that a child be given a meaningful |
| 11 | opportunity to confer with counsel; requiring that the |
| 12 | court appoint counsel for an indigent child if the child's |
| 13 | parent or legal guardian is an alleged victim in the case; |
| 14 | providing that the parents or legal guardian shall not be |
| 15 | liable for fees, charges, or costs upon a finding by the |
| 16 | court that a parent or legal guardian is a victim of the |
| 17 | offense; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (1) and (2) of section 27.51, |
| 22 | Florida Statutes, are amended to read: |
| 23 | 27.51 Duties of public defender.-- |
| 24 | (1) The public defender shall represent, without |
| 25 | additional compensation, any person determined to be indigent |
| 26 | under s. 27.52 and: |
| 27 | (a) Under arrest for, or charged with, a felony; |
| 28 | (b) Under arrest for, or charged with: |
| 29 | 1. A misdemeanor authorized for prosecution by the state |
| 30 | attorney; |
| 31 | 2. A violation of chapter 316 punishable by imprisonment; |
| 32 | 3. Criminal contempt; or |
| 33 | 4. A violation of a special law or county or municipal |
| 34 | ordinance ancillary to a state charge, or if not ancillary to a |
| 35 | state charge, only if the public defender contracts with the |
| 36 | county or municipality to provide representation pursuant to ss. |
| 37 | 27.54 and 125.69. |
| 38 |
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| 39 | The public defender may shall not provide representation under |
| 40 | pursuant to this paragraph if the court, before prior to trial, |
| 41 | files in the cause an order of no imprisonment as provided in s. |
| 42 | 27.512; |
| 43 | (c) Who is a child taken into custody for a felony, a |
| 44 | misdemeanor, or criminal contempt or who is facing delinquency |
| 45 | proceedings under chapter 985 Alleged to be a delinquent child |
| 46 | pursuant to a petition filed before a circuit court; |
| 47 | (d) Sought by petition filed in such court to be |
| 48 | involuntarily placed as a mentally ill person under part I of |
| 49 | chapter 394, involuntarily committed as a sexually violent |
| 50 | predator under part V of chapter 394, or involuntarily admitted |
| 51 | to residential services as a person with developmental |
| 52 | disabilities under chapter 393. A public defender may shall not |
| 53 | represent any plaintiff in a civil action brought under the |
| 54 | Florida Rules of Civil Procedure, the Federal Rules of Civil |
| 55 | Procedure, or the federal statutes, or represent a petitioner in |
| 56 | a rule challenge under chapter 120, unless specifically |
| 57 | authorized by statute; |
| 58 | (e) Convicted and sentenced to death, for purposes of |
| 59 | handling an appeal to the Supreme Court; or |
| 60 | (f) Is appealing a matter in a case arising under |
| 61 | paragraphs (a)-(d). |
| 62 | (2) Except as provided in s. 985.203, the court may not |
| 63 | appoint the public defender to represent, even on a temporary |
| 64 | basis, any person who is not indigent. The court, however, may |
| 65 | appoint private counsel in capital cases as provided in ss. |
| 66 | 27.40 and 27.5303. |
| 67 | Section 2. Subsections (1) and (2) of section 985.203, |
| 68 | Florida Statutes, are amended to read: |
| 69 | 985.203 Right to counsel.-- |
| 70 | (1) A child is entitled to representation by legal counsel |
| 71 | at all stages of any proceedings under this part. If the child |
| 72 | and the parents or other legal guardian are indigent and unable |
| 73 | to employ counsel for the child, the court shall appoint counsel |
| 74 | pursuant to s. 27.52. Determination of indigence and costs of |
| 75 | representation shall be as provided by ss. 27.52 and 938.29. |
| 76 | Legal counsel representing a child who exercises the right to |
| 77 | counsel shall be allowed to provide advice and counsel to the |
| 78 | child at any time after subsequent to the child's arrest, |
| 79 | including before prior to a detention hearing while the child is |
| 80 | in secure detention care. A child shall be represented by legal |
| 81 | counsel at all stages of all court proceedings unless the right |
| 82 | to counsel is freely, knowingly, and intelligently waived by the |
| 83 | child after the child has been given a meaningful opportunity to |
| 84 | confer with counsel. If the child appears without counsel, the |
| 85 | court shall advise the child of his or her rights with respect |
| 86 | to representation of court-appointed counsel. |
| 87 | (2) If the parents or legal guardian of an indigent child |
| 88 | are not indigent but refuse to employ counsel, the court shall |
| 89 | appoint counsel pursuant to s. 27.52 to represent the child at |
| 90 | the detention hearing and until counsel is provided. Costs of |
| 91 | representation shall be are hereby imposed as provided by ss. |
| 92 | 27.52 and 938.29. Thereafter, the court may shall not appoint |
| 93 | counsel for an indigent child who has with nonindigent parents |
| 94 | or a nonindigent legal guardian but shall order the parents or |
| 95 | legal guardian to obtain private counsel. A parent or legal |
| 96 | guardian of an indigent child who has been ordered to obtain |
| 97 | private counsel for the child and who willfully fails to follow |
| 98 | the court order shall be punished by the court in civil contempt |
| 99 | proceedings. If a parent or legal guardian is also an alleged |
| 100 | victim in the case, the court may not order the parents or legal |
| 101 | guardian to obtain private counsel but shall appoint counsel |
| 102 | pursuant to s. 27.52 to represent the indigent child. At the |
| 103 | disposition of the case and upon a finding by the court that a |
| 104 | parent or legal guardian is a victim of the offense, the parents |
| 105 | or legal guardian shall not be liable for fees, charges, or |
| 106 | costs under s. 27.52, s. 938.29, or this chapter. |
| 107 | Section 3. This act shall take effect July 1, 2006. |