Florida Statute 985.033 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 985.033

Arrestable Offenses / Crimes under Fla. Stat. 985.033

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.033.

Annotations, Discussions, Cases:

Cases Citing Statute 985.033

Total Results: 14

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

Court: District Court of Appeal of Florida | Date Filed: 2021-05-12

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

D.A.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

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

Snippet: wrongdoings” do not affect.his right to counsel. Section 985,033(3), Florida Statutes (2015), states that if a child’s

D.A.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Snippet: wrongdoings" do not affect his right to counsel. Section 985.033(3), Florida Statutes (2015), states that if a child's

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

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

Citation: 179 So. 3d 362, 2015 Fla. App. LEXIS 15632

Snippet: advised of his right to counsel. Section 985.033(1), Florida Statutes (2014), provides that a “child

A.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

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

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

As v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

Citation: 62 So. 3d 695, 2011 WL 2279026

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

R.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-15

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

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

W.Z. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

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

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

WZ v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

Citation: 35 So. 3d 51, 2010 WL 1507010

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

R.J.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-12-31

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

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

In Re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2009-12-17

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

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

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

Court: Supreme Court of Florida | Date Filed: 2008-05-01

Citation: 981 So. 2d 463, 2008 WL 1901692

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

BM v. Dobuler

Court: District Court of Appeal of Florida | Date Filed: 2008-03-19

Citation: 979 So. 2d 308, 2008 WL 724124

Snippet: the court if the juvenile is indigent under s. 985.033. 4. Right to confront witnesses. 5. Right to present

White v. Walker

Court: Supreme Court of Florida | Date Filed: 1854-03-15

Citation: 5 Fla. 478

Snippet: To be divided between the parties,..........2)19,985 33 Each entitled to........................... $9