1 | A bill to be entitled |
2 | An act relating to court-appointed counsel; amending s. |
3 | 938.29, F.S.; specifying that a lien for the cost of |
4 | court-appointed counsel against a parent for services |
5 | provided to a child does not expire upon the emancipation |
6 | of the child or upon the child reaching the age of |
7 | majority; amending s. 57.082, F.S.; clarifying proceedings |
8 | in which a party may qualify for court-appointed counsel; |
9 | revising provisions relating to the payment of an |
10 | application fee by a person eligible for court-appointed |
11 | counsel; amending s. 39.0134, F.S.; revising a cross- |
12 | reference relating to enforcement of liens for court- |
13 | ordered payment of attorney's fees and costs; specifying |
14 | circumstances under which a parent receiving assistance of |
15 | appointed counsel shall be liable for payment of an |
16 | application fee and attorney's fees and costs; providing |
17 | for payment of such fees and costs; providing for deposit |
18 | and disposition of fee proceeds; providing an effective |
19 | date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Paragraph (b) of subsection (2) of section |
24 | 938.29, Florida Statutes, is amended to read: |
25 | 938.29 Legal assistance; lien for payment of attorney's |
26 | fees or costs.- |
27 | (2) |
28 | (b) A judgment showing the name and residence of the |
29 | defendant-recipient or parent shall be recorded in the public |
30 | record, without cost, by the clerk of the circuit court in the |
31 | county where the defendant-recipient or parent resides and in |
32 | each county in which such defendant-recipient or parent then |
33 | owns or later acquires any property. Such judgments shall be |
34 | enforced on behalf of the state by the clerk of the circuit |
35 | court of the county in which assistance was rendered. The lien |
36 | against a parent shall remain in force notwithstanding the child |
37 | becoming emancipated or the child reaching the age of majority. |
38 | Section 2. Paragraph (d) of subsection (1) and subsection |
39 | (5) of section 57.082, Florida Statutes, are amended to read: |
40 | 57.082 Determination of civil indigent status.- |
41 | (1) APPLICATION TO THE CLERK.-A person seeking appointment |
42 | of an attorney in a civil case eligible for court-appointed |
43 | counsel, or seeking relief from payment of filing fees and |
44 | prepayment of costs under s. 57.081, based upon an inability to |
45 | pay must apply to the clerk of the court for a determination of |
46 | civil indigent status using an application form developed by the |
47 | Florida Clerks of Court Operations Corporation with final |
48 | approval by the Supreme Court. |
49 | (d) A person who seeks appointment of an attorney in a |
50 | case under chapter 39 proceeding, at shelter or during the |
51 | adjudicatory process, during the judicial review process, upon |
52 | the filing of a termination of parental rights petition, or upon |
53 | the filing of any appeal, or if an appointed attorney is |
54 | requested in a reopened proceeding, at the trial or appellate |
55 | level, for which an indigent person is eligible for court- |
56 | appointed representation, shall pay a $50 application fee to the |
57 | clerk for each application filed. The applicant shall pay the |
58 | fee within 7 days after submitting the application. If the fee |
59 | is not paid within 7 days, the court shall enter an order |
60 | requiring payment and the clerk shall pursue collection under s. |
61 | 28.246. The clerk shall transfer monthly all application fees |
62 | collected under this paragraph to the Department of Revenue for |
63 | deposit into the Indigent Civil Defense Trust Fund, to be used |
64 | as appropriated by the Legislature. The clerk may retain 10 |
65 | percent of application fees collected monthly for administrative |
66 | costs prior to remitting the remainder to the Department of |
67 | Revenue. A person found to be indigent may not be refused |
68 | counsel. If the person cannot pay the application fee, the clerk |
69 | shall enroll the person in a payment plan pursuant to s. 28.246. |
70 | (5) APPOINTMENT OF COUNSEL.-In appointing counsel after a |
71 | determination that a person is indigent under this section, the |
72 | court shall order that any applicable application fee be paid by |
73 | each person requesting appointment of counsel and first appoint |
74 | the office of criminal conflict and civil regional counsel, as |
75 | provided in s. 27.511, unless specific provision is made in law |
76 | for the appointment of the public defender in the particular |
77 | civil proceeding. |
78 | Section 3. Section 39.0134, Florida Statutes, is amended |
79 | to read: |
80 | 39.0134 Appointed counsel; compensation.-If counsel is |
81 | entitled to receive compensation for representation pursuant to |
82 | a court appointment in a dependency proceeding or a termination |
83 | of parental rights proceeding pursuant to this chapter, |
84 | compensation shall be paid in accordance with s. 27.5304. The |
85 | state may acquire and enforce a lien upon court-ordered payment |
86 | of attorney's fees and costs in accordance with s. 938.29(2) |
87 | 984.08. |
88 | (1) A parent whose child is dependent, whether or not |
89 | adjudication was withheld, or whose parental rights are |
90 | terminated, and who has received the assistance of the office of |
91 | criminal conflict and civil regional counsel or any other court- |
92 | appointed counsel or has received due process services after |
93 | being found indigent for costs under s. 57.082 shall be liable |
94 | for payment of the assessed application fee under s. 57.082, |
95 | together with reasonable attorney's fees and costs as determined |
96 | by the court. |
97 | (2) If reasonable attorney's fees or costs are assessed, |
98 | payment of the fees or costs may be made part of any case plan |
99 | in dependency proceedings at the court's discretion; however, no |
100 | case plan may remain open for the sole issue of payment of |
101 | attorney's fees or costs. At the court's discretion, a lien upon |
102 | court-ordered payment of attorney's fees and costs may be |
103 | ordered by the court in accordance with s. 938.29(2). |
104 | (3) The clerk of the court shall transfer all attorney's |
105 | fees and costs collected under this section monthly to the |
106 | Department of Revenue for deposit in the Indigent Civil Defense |
107 | Trust Fund, subject to legislative appropriations and consistent |
108 | with s. 27.5111. |
109 | Section 4. This act shall take effect July 1, 2010. |