HB 53

A bill to be entitled
2An act relating to juvenile defendants; amending s. 27.51,
3F.S.; requiring that the public defender represent an
4indigent child taken into custody on specified grounds;
5amending s. 985.033, F.S.; requiring that a child be given
6a meaningful opportunity to confer with counsel; requiring
7that the court appoint counsel for an indigent child if
8the child's parent or legal guardian is an alleged victim
9in the case; providing that the parents or legal guardian
10shall not be liable for fees, charges, or costs upon a
11finding by the court that a parent or legal guardian is a
12victim of the offense; providing an effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Subsections (1) and (2) of section 27.51,
17Florida Statutes, are amended to read:
18     27.51  Duties of public defender.--
19     (1)  The public defender shall represent, without
20additional compensation, any person determined to be indigent
21under s. 27.52 and:
22     (a)  Under arrest for, or charged with, a felony;
23     (b)  Under arrest for, or charged with:
24     1.  A misdemeanor authorized for prosecution by the state
26     2.  A violation of chapter 316 punishable by imprisonment;
27     3.  Criminal contempt; or
28     4.  A violation of a special law or county or municipal
29ordinance ancillary to a state charge, or if not ancillary to a
30state charge, only if the public defender contracts with the
31county or municipality to provide representation pursuant to ss.
3227.54 and 125.69.
34The public defender may shall not provide representation under
35pursuant to this paragraph if the court, before prior to trial,
36files in the cause an order of no imprisonment as provided in s.
38     (c)  Who is a child taken into custody for a felony, a
39misdemeanor, or criminal contempt or who is facing delinquency
40proceedings under chapter 985 Alleged to be a delinquent child
41pursuant to a petition filed before a circuit court;
42     (d)  Sought by petition filed in such court to be
43involuntarily placed as a mentally ill person under part I of
44chapter 394, involuntarily committed as a sexually violent
45predator under part V of chapter 394, or involuntarily admitted
46to residential services as a person with developmental
47disabilities under chapter 393. A public defender may shall not
48represent any plaintiff in a civil action brought under the
49Florida Rules of Civil Procedure, the Federal Rules of Civil
50Procedure, or the federal statutes, or represent a petitioner in
51a rule challenge under chapter 120, unless specifically
52authorized by statute;
53     (e)  Convicted and sentenced to death, for purposes of
54handling an appeal to the Supreme Court; or
55     (f)  Is appealing a matter in a case arising under
56paragraphs (a)-(d).
57     (2)  Except as provided in s. 985.033, the court may not
58appoint the public defender to represent, even on a temporary
59basis, any person who is not indigent. The court, however, may
60appoint private counsel in capital cases as provided in ss.
6127.40 and 27.5303.
62     Section 2.  Subsections (1) and (3) of section 985.033,
63Florida Statutes, are amended to read:
64     985.033  Right to counsel.--
65     (1)  A child is entitled to representation by legal counsel
66at all stages of any delinquency court proceedings under this
67chapter. If the child and the parents or other legal guardian
68are indigent and unable to employ counsel for the child, the
69court shall appoint counsel under s. 27.52. Determination of
70indigence and costs of representation shall be as provided by
71ss. 27.52 and 938.29. Legal counsel representing a child who
72exercises the right to counsel shall be allowed to provide
73advice and counsel to the child at any time after subsequent to
74the child's arrest, including before prior to a detention
75hearing while the child is in secure detention care. A child
76shall be represented by legal counsel at all stages of all court
77proceedings unless the right to counsel is freely, knowingly,
78and intelligently waived by the child after the child has been
79given a meaningful opportunity to confer with counsel. If the
80child appears without counsel, the court shall advise the child
81of his or her rights with respect to representation of court-
82appointed counsel.
83     (3)  If the parents or legal guardian of an indigent child
84are not indigent but refuse to employ counsel, the court shall
85appoint counsel pursuant to s. 27.52 to represent the child at
86the detention hearing and until counsel is provided. Costs of
87representation shall be are hereby imposed as provided by ss.
8827.52 and 938.29. Thereafter, the court may shall not appoint
89counsel for an indigent child who has with nonindigent parents
90or a nonindigent legal guardian but shall order the parents or
91legal guardian to obtain private counsel. A parent or legal
92guardian of an indigent child who has been ordered to obtain
93private counsel for the child and who willfully fails to follow
94the court order shall be punished by the court in civil contempt
95proceedings. If a parent or legal guardian is also an alleged
96victim in the case, the court may not order the parents or legal
97guardian to obtain private counsel but shall appoint counsel
98pursuant to s. 27.52 to represent the indigent child. At the
99disposition of the case and upon a finding by the court that a
100parent or legal guardian is a victim of the offense, the parents
101or legal guardian shall not be liable for fees, charges, or
102costs under s. 27.52, s. 938.29, or this chapter.
103     Section 3.  This act shall take effect July 1, 2007.

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