Florida Statutes

Fla. Stat. § 985.033 (2025)

Right to counsel.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

985.033 Right to counsel.—

(1) A child is entitled to representation by legal counsel at all stages of any delinquency court proceedings under this chapter. If the child and the parents or other legal guardian are indigent and unable to employ counsel for the child, the court shall appoint counsel under s. 27.52. Determination of indigence and costs of representation shall be as provided by ss. 27.52 and 938.29. Legal counsel representing a child who exercises the right to counsel shall be allowed to provide advice and counsel to the child at any time subsequent to the child’s arrest, including prior to a detention hearing while in secure detention care. A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child. If the child appears without counsel, the court shall advise the child of his or her rights with respect to representation of court-appointed counsel.

(2) This section does not apply to transfer proceedings under s. 985.441(4), unless the court sets a hearing to review the transfer.

(3) If the parents or legal guardian of an indigent child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.52 to represent the child at the detention hearing and until counsel is provided. Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29. Thereafter, the court shall not appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel. A parent or legal guardian of an indigent child who has been ordered to obtain private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil contempt proceedings.

(4) An indigent child with nonindigent parents or legal guardian may have counsel appointed pursuant to s. 27.52 if the parents or legal guardian have willfully refused to obey the court order to obtain counsel for the child and have been punished by civil contempt and then still have willfully refused to obey the court order. Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29.

(5) Notwithstanding any provision of this section or any other law to the contrary, if a child is transferred for criminal prosecution pursuant to this chapter, a nonindigent or indigent-but-able-to-contribute parent or legal guardian of the child pursuant to s. 27.52 is liable for necessary legal fees and costs incident to the criminal prosecution of the child as an adult.

History.—s. 5, ch. 90-208; s. 220, ch. 95-147; s. 4, ch. 96-232; s. 11, ch. 97-238; s. 30, ch. 97-271; s. 129, ch. 99-3; s. 139, ch. 2003-402; s. 165, ch. 2004-5; s. 90, ch. 2004-265; s. 7, ch. 2006-120; s. 3, ch. 2011-54.

Note.—Former s. 39.041; s. 985.203.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 2008–2021 · leading case: In Re Amendments to the Florida Rules of Juv. Procedure, 26 So. 3d 552 (Fla. 2009).

Sort: Relevance Newest Treatment

In Re Amendments to the Florida Rules of Juv. Procedure, 26 So. 3d 552 (Fla. 2009). · cites it 4× “It also conforms to section 985.033(1), Florida Statutes (2008), which requires that a child be represented at all stages of the delinquency proceeding unless counsel is waived.”

W.Z. v. State, 35 So. 3d 51 (Fla. 5th DCA 2010). · cites it 2× “§ 985.033. We conclude that there was no error in the disposition order "with regard to the assessment of attorney’s fees.”

A.S. v. State, 62 So. 3d 695 (Fla. 2d DCA 2011). · cites it 2× “See also § 985.033(1), Fla. Stat. (2007) (“A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child.”

WZ v. State, 35 So. 3d 51 (Fla. 5th DCA 2010). · cites it 4× “§ 985.033. We conclude that there was no error in the disposition order with regard to the assessment of attorney's fees.”

As v. State, 62 So. 3d 695 (Fla. 2d DCA 2011). · cites it 2× “See also § 985.033(1), Fla. Stat. (2007) ("A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child.”

D.A.C. v. State (Fla. 2d DCA 2016). · cites it 2× “Section 985.033(3), Florida Statutes (2015), states that if a child's parent is not indigent but refuses to employ counsel, the trial court "shall order the parents or legal guardian to obtain private counsel.”

N.j.p., a Child v. State of Florida (Fla. 4th DCA 2021). · cites it 2× “See § 985.033, Fla. Stat. (2018). When a juvenile is represented by a public defender, they must be assessed with public defender fees of at least .”

M.D.M., a Child v. State of Florida, 179 So. 3d 362 (Fla. 4th DCA 2015). · cites it 2× “Section 985.033(1), Florida Statutes (2014), provides that a “child is entitled to representation by legal counsel at all stages of any delinquency court proceedings.”

R.J.L. v. State, 25 So. 3d 639 (Fla. 5th DCA 2009). · cites it 2× “Although this issue is moot because Appellant obviously has counsel, we observe that Appellant is entitled to appellate counsel under section 985.033(1), Florida Statutes (2007).”

R.F. v. State, 46 So. 3d 120 (Fla. 5th DCA 2010). · cites it 2× “We remand this cause with instructions that the trial court clarify its order dated May 26, 2009, to make clear that the assessment for costs of representation authorized and imposed under section 985.033(1), Florida Statutes, is imposed as a lien against Appellant’s parents.”

In Re Amendment to Rule of Juv. Proc. 8.165 (A), 981 So. 2d 463 (Fla. 2008). · cites it 2× “2d 527 (1967); § 985.033(1), Fla. Stat. (2007) (stating that a child is entitled to representation by legal counsel at all stages of any delinquency proceeding).”

— 985.033(1) — 9 cases

In Re Amendments to the Florida Rules of Juv. Procedure, 26 So. 3d 552 (Fla. 2009). “It also conforms to section 985.033(1), Florida Statutes (2008), which requires that a child be represented at all stages of the delinquency proceeding unless counsel is waived.”

W.Z. v. State, 35 So. 3d 51 (Fla. 5th DCA 2010). “§ 985.033. We conclude that there was no error in the disposition order "with regard to the assessment of attorney’s fees.”

A.S. v. State, 62 So. 3d 695 (Fla. 2d DCA 2011). “See also § 985.033(1), Fla. Stat. (2007) (“A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child.”

WZ v. State, 35 So. 3d 51 (Fla. 5th DCA 2010). “§ 985.033. We conclude that there was no error in the disposition order with regard to the assessment of attorney's fees.”

As v. State, 62 So. 3d 695 (Fla. 2d DCA 2011). “See also § 985.033(1), Fla. Stat. (2007) ("A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child.”

— 985.033(3) — 1 case

D.A.C. v. State (Fla. 2d DCA 2016). “Section 985.033(3), Florida Statutes (2015), states that if a child's parent is not indigent but refuses to employ counsel, the trial court "shall order the parents or legal guardian to obtain private counsel.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.