Florida Statute 985.33 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.033

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.

F.S. 985.033 on Google Scholar

F.S. 985.033 on CourtListener

Amendments to 985.033

Annotations, Discussions, Cases:

Cases Citing Statute 985.033

Total Results: 12

In Re Amendments to the Florida Rules of Juvenile Procedure

26 So. 3d 552, 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1116291

Cited 5 times | Published

entire delinquency process. It also conforms to section 985.033(1), Florida Statutes (2008), which requires

WZ v. State

35 So. 3d 51, 2010 WL 1507010

District Court of Appeal of Florida | Filed: Apr 16, 2010 | Docket: 1144348

Cited 3 times | Published

assistance of the public defender's office. Section 985.033(1), Florida Statutes (2009), provides that

A.S. v. State

62 So. 3d 695, 2011 Fla. App. LEXIS 8461

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60300838

Cited 2 times | Published

complexity of the case, or other factors. See also § 985.033(1), Fla. Stat. (2007) (“A child shall be represented

W.Z. v. State

35 So. 3d 51, 2010 Fla. App. LEXIS 5048

District Court of Appeal of Florida | Filed: Apr 16, 2010 | Docket: 60294281

Cited 2 times | Published

counsel to represent the child. Significantly, section 985.033(1) expressly makes the costs of representation

D.A.C. v. State

201 So. 3d 1249, 2016 Fla. App. LEXIS 15862

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60256956

Cited 1 times | Published

wrongdoings” do not affect.his right to counsel. Section 985,033(3), Florida Statutes (2015), states that if

As v. State

62 So. 3d 695, 2011 WL 2279026

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 543436

Cited 1 times | Published

complexity of the case, or other factors. See also § 985.033(1), Fla. Stat. (2007) ("A child shall be represented

N.J.P., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899787

Published

same statute as their adult counterparts. See § 985.033, Fla. Stat. (2018). When a juvenile is represented

D.A.C. v. State

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 4482735

Published

wrongdoings" do not affect his right to counsel. Section 985.033(3), Florida Statutes (2015), states that if

M.D.M., a Child v. State of Florida

179 So. 3d 362, 2015 Fla. App. LEXIS 15632, 2015 WL 6161138

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991036

Published

was he advised of his right to counsel. Section 985.033(1), Florida Statutes (2014), provides that

R.F. v. State

46 So. 3d 120, 2010 Fla. App. LEXIS 15593, 2010 WL 4024712

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 60296156

Published

representation authorized and imposed under section 985.033(1), Florida Statutes, is imposed as a lien

R.J.L. v. State

25 So. 3d 639, 2009 Fla. App. LEXIS 20519, 2009 WL 5150085

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 60287630

Published

Appellant is entitled to appellate counsel under section 985.033(1), Florida Statutes (2007). The trial court

In Re Amendment to Rule of Juv. Proc. 8.165 (A)

981 So. 2d 463, 2008 WL 1901692

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 1515739

Published

1, 36, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); § 985.033(1), Fla. Stat. (2007) (stating that a child is