Florida Statute 39.0134 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.0134

39.0134 Appointed counsel; compensation.—

(1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding or a termination of parental rights proceeding pursuant to this chapter, compensation shall be paid in accordance with s. 27.5304. The state may acquire and enforce a lien upon court-ordered payment of attorney’s fees and costs in the same manner prescribed in s. 938.29.

(2)(a) A parent whose child is dependent, regardless of whether adjudication was withheld, or whose parental rights are terminated and who has received the assistance of the office of criminal conflict and civil regional counsel, or any other court-appointed attorney, or who has received due process services after being found indigent for costs, shall be liable for payment of the assessed application fee under s. 57.082, together with reasonable attorney’s fees and costs as determined by the court.

(b) If reasonable attorney’s fees or costs are assessed, the court, at its discretion, may make payment of the fees or costs part of any case plan in dependency proceedings. However, a case plan may not remain open for the sole issue of payment of attorney’s fees or costs. At the court’s discretion, a lien upon court-ordered payment of attorney’s fees and costs may be ordered by the court and enforced in the same manner prescribed in s. 938.29.

(c) The clerk of the court shall transfer monthly all attorney’s fees and costs collected under this subsection to the Department of Revenue for deposit into the Indigent Civil Defense Trust Fund, to be used as appropriated by the Legislature and consistent with s. 27.5111.

History.—s. 12, ch. 84-311; s. 9, ch. 87-289; s. 28, ch. 98-403; s. 9, ch. 99-193; s. 57, ch. 2003-402; s. 36, ch. 2004-265; s. 19, ch. 2010-162; s. 2, ch. 2016-10.

Note.—Former ss. 39.415, 39.474.

F.S. 39.0134 on Google Scholar

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Amendments to 39.0134

Arrestable Offenses / Crimes under Fla. Stat. 39.0134

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.0134.

Annotations, Discussions, Cases:

Cases Citing Statute 39.0134

Total Results: 4

J.B., Etc. v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2015-07-09

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: associated with their counsel. §§ 39.001(1X0; 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014);

Anderson v. ET

Court: District Court of Appeal of Florida | Date Filed: 2003-12-10

Citation: 862 So. 2d 839, 2003 WL 22901040

Snippet: [the] $1,000 [statutory cap outlined in section 39.0134 of the Florida Statutes] was warranted. However

Amendment to Rules of Juvenile Proc. 8.350

Court: Supreme Court of Florida | Date Filed: 2003-03-06

Citation: 842 So. 2d 763, 28 Fla. L. Weekly Supp. 221, 2003 Fla. LEXIS 271, 2003 WL 746422

Snippet: the rule adopted by the majority. While section 39.0134, Florida Statutes (2002), provides that counties

AG Edwards & Sons, Inc. v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1990-02-23

Citation: 559 So. 2d 235, 1990 WL 15919

Snippet: the gross amount of $39,134[1] recovered by the appellees. Forty percent of $39,134 is $15,653.60. Accordingly