| 1 | A bill to be entitled |
| 2 | An act relating to juvenile defendants; amending s. 27.51, |
| 3 | F.S.; requiring that the public defender represent an |
| 4 | indigent child taken into custody under specified |
| 5 | delinquency provisions; amending s. 985.033, F.S.; |
| 6 | requiring that a child be represented at a specified point |
| 7 | in delinquency court proceedings unless the right to |
| 8 | counsel is waived after receiving advice of counsel; |
| 9 | providing that counsel be permitted to advise a child |
| 10 | after a specified point in delinquency court proceedings; |
| 11 | requiring that the court appoint counsel for an indigent |
| 12 | child if the child's parent or legal guardian is the |
| 13 | alleged victim in the case; providing that the parent or |
| 14 | legal guardian is not liable for fees, charges, or costs |
| 15 | upon a finding by the court that a parent or legal |
| 16 | guardian is a victim of the offense; providing an |
| 17 | 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 under s. 985.101 or |
| 44 | s. 985.105 Alleged to be a delinquent child pursuant to a |
| 45 | petition filed before a circuit court; |
| 46 | (d) Sought by petition filed in such court to be |
| 47 | involuntarily placed as a mentally ill person under part I of |
| 48 | chapter 394, involuntarily committed as a sexually violent |
| 49 | predator under part V of chapter 394, or involuntarily admitted |
| 50 | to residential services as a person with developmental |
| 51 | disabilities under chapter 393. A public defender may shall not |
| 52 | represent any plaintiff in a civil action brought under the |
| 53 | Florida Rules of Civil Procedure, the Federal Rules of Civil |
| 54 | Procedure, or the federal statutes, or represent a petitioner in |
| 55 | a rule challenge under chapter 120, unless specifically |
| 56 | authorized by statute; |
| 57 | (e) Convicted and sentenced to death, for purposes of |
| 58 | handling an appeal to the Supreme Court; or |
| 59 | (f) Is appealing a matter in a case arising under |
| 60 | paragraphs (a)-(d). |
| 61 | (2) Except as provided in s. 985.033, the court may not |
| 62 | appoint the public defender to represent, even on a temporary |
| 63 | basis, any person who is not indigent. The court, however, may |
| 64 | appoint private counsel in capital cases as provided in ss. |
| 65 | 27.40 and 27.5303. |
| 66 | Section 2. Subsections (1) and (3) of section 985.033, |
| 67 | Florida Statutes, are amended to read: |
| 68 | 985.033 Right to counsel.-- |
| 69 | (1) A child shall be represented is entitled to |
| 70 | representation by legal counsel at all stages of any delinquency |
| 71 | court proceedings occurring after the child has been taken into |
| 72 | custody under s. 985.101 or s. 985.105, unless the right to |
| 73 | counsel is freely, knowingly, and intelligently waived by the |
| 74 | child after he or she has been advised by counsel under this |
| 75 | chapter. If the child and the parents or other legal guardian |
| 76 | are indigent and unable to employ counsel for the child, the |
| 77 | court shall appoint counsel under s. 27.52. Determination of |
| 78 | indigence and costs of representation shall be as provided by |
| 79 | ss. 27.52 and 938.29. Legal Counsel representing a child who |
| 80 | exercises the right to counsel shall be allowed to provide |
| 81 | advice and counsel to the child at any time after the child has |
| 82 | been taken into custody under s. 985.101 or s. 985.105 |
| 83 | subsequent to the child's arrest, including prior to a detention |
| 84 | hearing while in secure detention care. A child shall be |
| 85 | represented by legal counsel at all stages of all court |
| 86 | proceedings unless the right to counsel is freely, knowingly, |
| 87 | and intelligently waived by the child. If the child appears |
| 88 | without counsel, the court shall advise the child of his or her |
| 89 | rights with respect to representation of court-appointed |
| 90 | counsel. |
| 91 | (3) If the parents or legal guardian of an indigent child |
| 92 | are not indigent but refuse to employ counsel, the court shall |
| 93 | appoint counsel pursuant to s. 27.52 to represent the child at |
| 94 | the detention hearing and until counsel is provided. Costs of |
| 95 | representation shall be are hereby imposed as provided by ss. |
| 96 | 27.52 and 938.29. Thereafter, the court may shall not appoint |
| 97 | counsel for an indigent child who has with nonindigent parents |
| 98 | or a nonindigent legal guardian but shall order the parents or |
| 99 | legal guardian to obtain private counsel. A parent or legal |
| 100 | guardian of an indigent child who has been ordered to obtain |
| 101 | private counsel for the child and who willfully fails to follow |
| 102 | the court order shall be punished by the court in civil contempt |
| 103 | proceedings. If a parent or legal guardian is also an alleged |
| 104 | victim in the case, the court may not order the parents or legal |
| 105 | guardian to obtain private counsel but shall appoint counsel |
| 106 | pursuant to s. 27.52 to represent the indigent child. At the |
| 107 | disposition of the case and upon a finding by the court that a |
| 108 | parent or legal guardian is a victim of the offense, the parent |
| 109 | or legal guardian is not liable for fees, charges, or costs |
| 110 | under s. 27.52, s. 938.29, or this chapter. |
| 111 | Section 3. This act shall take effect July 1, 2007. |