ENROLLED
       2018 Legislature                                          SB 146
       
       
       
       
       
       
                                                              2018146er
    1  
    2         An act relating to appointment of attorneys for
    3         dependent children with special needs; providing a
    4         short title; amending s. 39.01305, F.S.; requiring the
    5         payment of due process costs of litigation of all pro
    6         bono attorneys appointed to represent dependent
    7         children with certain special needs, subject to
    8         appropriations and review for reasonableness;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. This act shall be called the “Pro Bono Matters
   14  Act of 2018.”
   15         Section 2. Subsection (5) of section 39.01305, Florida
   16  Statutes, is amended to read:
   17         39.01305 Appointment of an attorney for a dependent child
   18  with certain special needs.—
   19         (5) Unless Except if the attorney has agreed to provide pro
   20  bono services, an appointed attorney or organization must be
   21  adequately compensated. All appointed attorneys and
   22  organizations, including pro bono attorneys, must be provided
   23  with access to funding for expert witnesses, depositions, and
   24  other due process costs of litigation. Payment of attorney fees
   25  and case-related due process costs are to an attorney is subject
   26  to appropriations and subject to review by the Justice
   27  Administrative Commission for reasonableness. The Justice
   28  Administrative Commission shall contract with attorneys
   29  appointed by the court. Attorney fees may not exceed $1,000 per
   30  child per year.
   31         Section 3. This act shall take effect upon becoming a law.