Bill Text: FL H7161 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.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; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
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.

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