Home
Menu
904-383-7448
Personal Injury Lawyer
Florida Statute 985.033 | Lawyer Caselaw & Research
F.S. 985.033 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 985.033

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. N.J.P. v. State

    331 So. 3d 157 (Fla. Dist. Ct. App. 2021)
    The trial court also imposed heightened prosecution costs and public defender fees without making factual findings to justify those costs. Juveniles are assessed prosecution costs under the same statute as adult defendants. See § 985.032(2), Fla. Stat. (2018). The statute mandates that juveniles are assessed minimum prosecution costs of $50.00 per case when the charge is a misdemeanor offense and $100.00 if the charge is a felony offense. See § 938.27(8), Fla. Stat. (2018). Juveniles are also assessed costs of legal representation under the same statute as their adult counterparts. 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 $50.00 per case when charged with a misdemeanor offense, and $100.00 per case when charged with a felony offense. See § 938.29, Fla. Stat. (2018).
    PAGE 159
  2. J.W. v. State

    295 So. 3d 366 (Fla. Dist. Ct. App. 2020)   Cited 2 times
    KELLY, Judge. J.W. appeals from the disposition order that finds he committed the delinquent acts of burglary of a dwelling and petit theft, withholds an adjudication of delinquency, and places him on probation. We affirm the disposition order without elaboration, but we reverse the order, in part, which imposes $100 for the services of the public defender under sections 985.033 and 939.29, Florida Statutes (2018).
    PAGE 367
  3. D.A.C. v. State

    201 So. 3d 1249 (Fla. Dist. Ct. App. 2016)   Cited 1 times
    We note that if the trial court had conducted the thorough inquiry required by rule 8.165, D.A.C. would have been informed that his mother's financial status and her feeling that she would not “have to provide an attorney for his wrongdoings” do not affect his right to counsel. 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.” If a parent willfully fails to comply with the trial court's order, the parent “shall be punished by the court in civil contempt proceedings.” If the parent still refuses to obey the court order, the trial court is authorized to appoint counsel for the child and impose costs of representation.
    PAGE 1254
  4. M.D.M. v. State

    179 So. 3d 362 (Fla. Dist. Ct. App. 2015)
    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.” The statute, in no uncertain terms, goes on to state:
    PAGE 364
  5. A.S. v. State

    62 So. 3d 695 (Fla. Dist. Ct. App. 2011)   Cited 1 times
    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."); C.K. v. State, 909 So.2d 602, 603-04 (Fla. 2d DCA 2005). To determine whether a juvenile's waiver of counsel is knowing and intelligent, the trial court must (1) inform the juvenile of the disadvantages and dangers of self-representation and the benefits she would relinquish, (2) determine whether she is choosing voluntarily and intelligently to waive the assistance of counsel, and (3) determine whether any unusual circumstances preclude the juvenile from exercising her right to represent herself. D.C.W. v. State, 775 So.2d 363, 364 (Fla. 2d DCA 2000); accord C.K., 909 So.2d at 604.
    PAGE 697
  6. R.F. v. State

    46 So. 3d 120 (Fla. Dist. Ct. App. 2010)
    We affirm the order adjudicating Appellant delinquent. 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.
  7. W.Z. v. State

    35 So. 3d 51 (Fla. Dist. Ct. App. 2010)   Cited 6 times
    Contrary to W.Z.'s assertion, the Legislature has authorized the assessment of attorney's fees against a child who has been found guilty of committing a criminal act and who received the assistance of the public defender's office. Section 985.033(1), Florida Statutes (2009), provides that a child is entitled to representation by legal counsel at all stages of delinquency court proceedings. If the child and the parents (or other legal guardian) are unable to employ private counsel, the court is required to appoint counsel to represent the child. Significantly, section 985.033(1) expressly makes the costs of representation provisions set forth in section 938.29 applicable to juvenile delinquency proceedings:
    PAGE 52
  8. R.J.L. v. State

    25 So. 3d 639 (Fla. Dist. Ct. App. 2009)
    The trial court's order also denied appointment of appellate counsel. 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). The trial court is cautioned that Florida and federal law entitle the accused to the appointment of counsel.
  9. Next, rule 8.115 (Disposition Hearing) is amended to specifically provide, in new subdivision (b), that counsel be appointed at disposition hearings. This is in response to the NJDC's recommendation that youth should be represented at all court hearings and throughout the entire delinquency process. 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. The Committee also recommended that rule 8.115 be amended to require that a disposition order "give[] credit for time served in secure detention before disposition." This is in response to the Court's referral of an issue regarding such credit in J.I.S. v. State, 930 So.2d 587 (Fla. 2006). In that case, the Court held that juveniles whose dispositions are to determinate commitment programs must be granted credit for time served in secure detention, but those whose dispositions are to indeterminate commitment programs are not entitled to such credit. Id. at 596. The Court also addressed the question of whether a commitment order should specify the amount of predisposition time served, even on an…
  10. The substantive right to counsel for children in juvenile delinquency proceedings is firmly established under the United States Constitution and Florida Statutes. In re Gault, 387 U.S. 1, 36, 87 S.Ct. 1428, 18 L.Ed.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). Florida courts have a duty to protect that right. Florida Rule of Juvenile Procedure 8.165 governs the appointment and waiver of counsel in juvenile delinquency proceedings. This rule "contains specific guidelines to ensure that the substantive right of a juvenile to counsel is protected." K.E.N. v. State, 892 So.2d 1176, 1179 (Fla. 5th DCA 2005). Part of protecting and effectuating a child's right to counsel in juvenile delinquency proceedings is ensuring that a waiver of that right by the child is knowing and voluntary. This Court has noted that "[i]t is extremely doubtful that any child of limited experience can possibly comprehend the importance of counsel." State v. T.G., 800 So.2d 204, 211 (Fla. 2001) (quoting P.L.S. v. State, 745 So.2d 555, 557 (Fla. 4th DCA 1999)). Especially given the…

Cases from cite.case.law:

M. D. M. a v. STATE, 179 So. 3d 362 (Fla. Dist. Ct. App. 2015)

. . . Section 985.033(1), Florida Statutes (2014), provides that a “child is entitled to representation by . . .

A. S. v. STATE, 62 So. 3d 695 (Fla. Dist. Ct. App. 2011)

. . . See also § 985.033(1), Fla. . . .

R. F. A v. STATE, 46 So. 3d 120 (Fla. Dist. Ct. App. 2010)

. . . to make clear that the assessment for costs of representation authorized and imposed under section 985.033 . . .

W. Z. a v. STATE, 35 So. 3d 51 (Fla. Dist. Ct. App. 2010)

. . . Significantly, section 985.033(1) expressly makes the costs of representation provisions set forth iii . . . obligation to pay the child’s attorney’s fees may also be placed on the child’s parents or legal guardian. § 985.033 . . .

R. J. L. a v. STATE, 25 So. 3d 639 (Fla. Dist. Ct. App. 2009)

. . . Appellant obviously has counsel, we observe that Appellant is entitled to appellate counsel under section 985.033 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE 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 . . .

In AMENDMENT TO FLORIDA RULE OF JUVENILE PROCEDURE a, 981 So. 2d 463 (Fla. 2008)

. . . In re Gault, 387 U.S. 1, 36, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); § 985.033(1), Fla. . . .