Florida Statute 914.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 914
WITNESSES; CRIMINAL PROCEEDINGS

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F.S. 914.17

914.17 Appointment of advocate for victims or witnesses who are minors or intellectually disabled.—

(1) A guardian ad litem or other advocate shall be appointed by the court to represent a minor in any criminal proceeding if the minor is a victim of or witness to child abuse or neglect, a victim of a sexual offense, or a witness to a sexual offense committed against another minor. The court may appoint a guardian ad litem or other advocate in any other criminal proceeding in which a minor is involved as a victim or a witness. The guardian ad litem or other advocate shall have full access to all evidence and reports introduced during the proceedings, may interview witnesses, may make recommendations to the court, shall be noticed and have the right to appear on behalf of the minor at all proceedings, and may request additional examinations by medical doctors, psychiatrists, or psychologists. The guardian ad litem or other advocate shall:

(a) Explain, in language understandable to the minor, all legal proceedings in which the minor is involved;

(b) Act, as a friend of the court, to advise the judge, whenever appropriate, of the minor’s ability to understand and cooperate with any court proceeding; and

(c) Assist the minor and the minor’s family in coping with the emotional effects of the crime and subsequent criminal proceedings in which the minor is involved.

(2) An advocate shall be appointed by the court to represent a person who has an intellectual disability as defined in s. 393.063 in any criminal proceeding if the person is a victim of or witness to abuse or neglect, a victim of a sexual offense, or a witness to a sexual offense committed against a minor or person who has an intellectual disability. The court may appoint an advocate in any other criminal proceeding in which such person is involved as a victim or a witness. The advocate shall have full access to all evidence and reports introduced during the proceedings, may interview witnesses, may make recommendations to the court, shall be noticed and have the right to appear on behalf of the person at all proceedings, and may request additional examinations by medical doctors, psychiatrists, or psychologists. The advocate shall:

(a) Explain, in language understandable to the person, all legal proceedings in which the person is involved;

(b) Act, as a friend of the court, to advise the judge, whenever appropriate, of the person’s ability to understand and cooperate with any court proceedings; and

(c) Assist the person and the person’s family in coping with the emotional effects of the crime and subsequent criminal proceedings in which the person is involved.

(3) Any person participating in a judicial proceeding as a guardian ad litem or other advocate is presumed prima facie to be acting in good faith and in so doing is immune from any liability, civil or criminal, which might be incurred or imposed.

History.—s. 58, ch. 88-381; s. 25, ch. 94-154; s. 18, ch. 97-93; s. 108, ch. 99-3; s. 7, ch. 2000-338; s. 95, ch. 2004-267; s. 26, ch. 2013-162.

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Amendments to 914.17

Arrestable Offenses / Crimes under Fla. Stat. 914.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 914.17.

Annotations, Discussions, Cases:

Cases Citing Statute 914.17

Total Results: 6

Statewide Guardian Ad Litem Office v. Office of the State Attorney Twentieth Judicial Circuit

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-18T00:00:00-07:00

Citation: 55 So. 3d 747, 2011 Fla. App. LEXIS 3608, 2011 WL 923945

Snippet: That local administrative order implements section 914.17(1), Florida Statutes (1990), which mandates the…independent of the judiciary. Nothing in section 914.17, Florida Statutes (2010), requires the Statewide… exclusively children in the context of section 914.17. We provide neither advice nor a solution for this…in order to fulfill the requirements of section 914.17. Petition for writ of certiorari granted. KHOUZAM

TMRMC v. Petersen

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-16T23:53:00-08:00

Citation: 920 So. 2d 75

Snippet: 744.391, Fla. Stat. (2004). Pursuant to section 914.17(1), Florida Statutes (2004), a court must appoint

Brock v. Brock

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-02T00:00:00-08:00

Citation: 690 So. 2d 737, 1997 Fla. App. LEXIS 3178

Snippet: annuity. The money she actually received was $24,914.17, of which $2,295 was taxable. He also predicted

Brock v. Brock

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-01T23:53:00-08:00

Citation: 690 So. 2d 737

Snippet: annuity. The money she actually received was $24,914.17, of which $2,295 was taxable. He also predicted

Florida Bar re: Advisory Opinion

Court: Fla. | Date Filed: 1992-07-02T00:00:00-07:00

Citation: 602 So. 2d 914, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1218

Snippet: REGULATING THE FLORIDA BAR 2 July 1992 602 So. 2d 914, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1218

Amendment to the Rules Regulating the Florida Bar-Rule 11-1.8(a)

Court: Fla. | Date Filed: 1992-06-04T00:00:00-07:00

Citation: 602 So. 2d 914, 17 Fla. L. Weekly Supp. 342, 1992 Fla. LEXIS 1035, 1992 WL 117269

Snippet: McDonald, Overton, Shaw 4 June 1992 602 So. 2d 914, 17 Fla. L. Weekly Supp. 342, 1992 Fla. LEXIS 1035,