Bill Text: FL H7161 | 2010 | Regular Session | Engrossed

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Bill Title: Court-Appointed Counsel

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/HB 5401 (Ch. 2010-162) [H7161 Detail]

Download: Florida-2010-H7161-Engrossed.html

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CS/HB 7161

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; amending s. 28.246, F.S.;
19	providing that a clerk of court must provide certain
20	information to an attorney or collection agent employed by
21	the clerk to collect a debt owed to the clerk; providing
22	an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Paragraph (b) of subsection (2) of section
27	938.29, Florida Statutes, is amended to read:
28	938.29 Legal assistance; lien for payment of attorney's
29	fees or costs.-
30	(2)
31	(b) A judgment showing the name and residence of the
32	defendant-recipient or parent shall be recorded in the public
33	record, without cost, by the clerk of the circuit court in the
34	county where the defendant-recipient or parent resides and in
35	each county in which such defendant-recipient or parent then
36	owns or later acquires any property. Such judgments shall be
37	enforced on behalf of the state by the clerk of the circuit
38	court of the county in which assistance was rendered. The lien
39	against a parent shall remain in force notwithstanding the child
40	becoming emancipated or the child reaching the age of majority.
41	Section 2. Paragraph (d) of subsection (1) and subsection
42	(5) of section 57.082, Florida Statutes, are amended to read:
43	57.082 Determination of civil indigent status.-
44	(1) APPLICATION TO THE CLERK.-A person seeking appointment
45	of an attorney in a civil case eligible for court-appointed
46	counsel, or seeking relief from payment of filing fees and
47	prepayment of costs under s. 57.081, based upon an inability to
48	pay must apply to the clerk of the court for a determination of
49	civil indigent status using an application form developed by the
50	Florida Clerks of Court Operations Corporation with final
51	approval by the Supreme Court.
52	(d) A person who seeks appointment of an attorney in a
53	case under chapter 39 proceeding, at shelter or during the
54	adjudicatory process, during the judicial review process, upon
55	the filing of a termination of parental rights petition, or upon
56	the filing of any appeal, or if an appointed attorney is
57	requested in a reopened proceeding, at the trial or appellate
58	level, for which an indigent person is eligible for court-
59	appointed representation, shall pay a $50 application fee to the
60	clerk for each application filed. The applicant shall pay the
61	fee within 7 days after submitting the application. If the fee
62	is not paid within 7 days, the court shall enter an order
63	requiring payment and the clerk shall pursue collection under s.
64	28.246. The clerk shall transfer monthly all application fees
65	collected under this paragraph to the Department of Revenue for
66	deposit into the Indigent Civil Defense Trust Fund, to be used
67	as appropriated by the Legislature. The clerk may retain 10
68	percent of application fees collected monthly for administrative
69	costs prior to remitting the remainder to the Department of
70	Revenue. A person found to be indigent may not be refused
71	counsel. If the person cannot pay the application fee, the clerk
72	shall enroll the person in a payment plan pursuant to s. 28.246.
73	(5) APPOINTMENT OF COUNSEL.-In appointing counsel after a
74	determination that a person is indigent under this section, the
75	court shall order that any applicable application fee be paid by
76	each person requesting appointment of counsel and first appoint
77	the office of criminal conflict and civil regional counsel, as
78	provided in s. 27.511, unless specific provision is made in law
79	for the appointment of the public defender in the particular
80	civil proceeding.
81	Section 3. Section 39.0134, Florida Statutes, is amended
82	to read:
83	39.0134 Appointed counsel; compensation.-If counsel is
84	entitled to receive compensation for representation pursuant to
85	a court appointment in a dependency proceeding or a termination
86	of parental rights proceeding pursuant to this chapter,
87	compensation shall be paid in accordance with s. 27.5304. The
88	state may acquire and enforce a lien upon court-ordered payment
89	of attorney's fees and costs in accordance with s. 938.29(2)
90	984.08.
91	(1) A parent whose child is dependent, whether or not
92	adjudication was withheld, or whose parental rights are
93	terminated, and who has received the assistance of the office of
94	criminal conflict and civil regional counsel or any other court-
95	appointed counsel or has received due process services after
96	being found indigent for costs under s. 57.082 shall be liable
97	for payment of the assessed application fee under s. 57.082,
98	together with reasonable attorney's fees and costs as determined
99	by the court.
100	(2) If reasonable attorney's fees or costs are assessed,
101	payment of the fees or costs may be made part of any case plan
102	in dependency proceedings at the court's discretion; however, no
103	case plan may remain open for the sole issue of payment of
104	attorney's fees or costs. At the court's discretion, a lien upon
105	court-ordered payment of attorney's fees and costs may be
106	ordered by the court in accordance with s. 938.29(2).
107	(3) The clerk of the court shall transfer all attorney's
108	fees and costs collected under this section monthly to the
109	Department of Revenue for deposit in the Indigent Civil Defense
110	Trust Fund, subject to legislative appropriations and consistent
111	with s. 27.5111.
112	Section 4. Subsection (6) of section 28.246, Florida
113	Statutes, is amended to read:
114	28.246 Payment of court-related fees, charges, and costs;
115	partial payments; distribution of funds.-
116	(6) A clerk of court shall pursue the collection of any
117	fees, service charges, fines, court costs, and liens for the
118	payment of attorney's fees and costs pursuant to s. 938.29 which
119	remain unpaid after 90 days by referring the account to a
120	private attorney who is a member in good standing of The Florida
121	Bar or collection agent who is registered and in good standing
122	pursuant to chapter 559. In pursuing the collection of such
123	unpaid financial obligations through a private attorney or
124	collection agent, the clerk of the court must have attempted to
125	collect the unpaid amount through a collection court,
126	collections docket, or other collections process, if any,
127	established by the court, find this to be cost-effective and
128	follow any applicable procurement practices. The collection fee,
129	including any reasonable attorney's fee, paid to any attorney or
130	collection agent retained by the clerk may be added to the
131	balance owed in an amount not to exceed 40 percent of the amount
132	owed at the time the account is referred to the attorney or
133	agent for collection. The clerk shall, upon request, give the
134	private attorney or collection agent any financial affidavit,
135	application for the appointment of court appointed counsel,
136	order appointing counsel due to indigency, or other document or
137	information that would assist in the collections,
138	notwithstanding whether or not the court file is otherwise
139	confidential from disclosure.
140	Section 5. This act shall take effect July 1, 2010.

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