| 1 | A bill to be entitled | 
| 2 | An act relating to court-appointed counsel in civil cases; | 
| 3 | amending s. 57.082, F.S.; clarifying proceedings in which | 
| 4 | a party may qualify for court-appointed counsel; revising | 
| 5 | provisions relating to the payment of an application fee | 
| 6 | by a person eligible for court-appointed counsel; amending | 
| 7 | s. 39.0134, F.S.; revising a cross-reference relating to | 
| 8 | enforcement of liens for court-ordered payment of | 
| 9 | attorney's fees and costs; specifying circumstances under | 
| 10 | which a parent receiving assistance of appointed counsel | 
| 11 | shall be liable for payment of an application fee and | 
| 12 | attorney's fees and costs; providing for payment of such | 
| 13 | fees and costs; providing for deposit and disposition of | 
| 14 | fee proceeds; providing an effective date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
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| 18 | Section 1.  Paragraph (d) of subsection (1) and subsection | 
| 19 | (5) of section 57.082, Florida Statutes, are amended to read: | 
| 20 | 57.082  Determination of civil indigent status.- | 
| 21 | (1)  APPLICATION TO THE CLERK.-A person seeking appointment | 
| 22 | of an attorney in a civil case eligible for court-appointed | 
| 23 | counsel, or seeking relief from payment of filing fees and | 
| 24 | prepayment of costs under s. 57.081, based upon an inability to | 
| 25 | pay must apply to the clerk of the court for a determination of | 
| 26 | civil indigent status using an application form developed by the | 
| 27 | Florida Clerks of Court Operations Corporation with final | 
| 28 | approval by the Supreme Court. | 
| 29 | (d)  A person who seeks appointment of an attorney in a | 
| 30 | case underchapter 39 proceeding, at shelter or during the | 
| 31 | adjudicatory process, during the judicial review process, upon | 
| 32 | the filing of a termination of parental rights petition, or upon | 
| 33 | the filing of any appeal, or if an appointed attorney is | 
| 34 | requested in a reopened proceeding, at the trial or appellate  | 
| 35 | level,for which an indigent person is eligible for court- | 
| 36 | appointed representation, shall pay a $50 application fee to the | 
| 37 | clerk for each application filed. The applicant shall pay the | 
| 38 | fee within 7 days after submitting the application. If the fee | 
| 39 | is not paid within 7 days, the court shall enter an order | 
| 40 | requiring payment and the clerk shall pursue collection under s. | 
| 41 | 28.246. The clerk shall transfer monthly all application fees | 
| 42 | collected under this paragraph to the Department of Revenue for | 
| 43 | deposit into the Indigent Civil Defense Trust Fund, to be used | 
| 44 | as appropriated by the Legislature. The clerk may retain 10 | 
| 45 | percent of application fees collected monthly for administrative | 
| 46 | costs prior to remitting the remainder to the Department of | 
| 47 | Revenue. A person found to be indigent may not be refused | 
| 48 | counsel. If the person cannot pay the application fee, the clerk | 
| 49 | shall enroll the person in a payment plan pursuant to s. 28.246. | 
| 50 | (5)  APPOINTMENT OF COUNSEL.-In appointing counsel after a | 
| 51 | determination that a person is indigent under this section, the | 
| 52 | court shall order that any applicable application fee be paid by | 
| 53 | each person requesting appointment of counsel and first appoint | 
| 54 | the office of criminal conflict and civil regional counsel, as | 
| 55 | provided in s. 27.511, unless specific provision is made in law | 
| 56 | for the appointment of the public defender in the particular | 
| 57 | civil proceeding. | 
| 58 | Section 2.  Section 39.0134, Florida Statutes, is amended | 
| 59 | to read: | 
| 60 | 39.0134  Appointed counsel; compensation.-If counsel is | 
| 61 | entitled to receive compensation for representation pursuant to | 
| 62 | a court appointment in a dependency proceeding or a termination | 
| 63 | of parental rights proceeding pursuant to this chapter, | 
| 64 | compensation shall be paid in accordance with s. 27.5304. The | 
| 65 | state may acquire and enforce a lien upon court-ordered payment | 
| 66 | of attorney's fees and costs in accordance with s. 938.29(2) | 
| 67 | 984.08. | 
| 68 | (1)  A parent whose child is dependent, whether or not | 
| 69 | adjudication was withheld, or whose parental rights are | 
| 70 | terminated, and who has received the assistance of the office of | 
| 71 | criminal conflict and civil regional counsel or any other court- | 
| 72 | appointed counsel or has received due process services after | 
| 73 | being found indigent for costs under s. 57.082 shall be liable | 
| 74 | for payment of the assessed application fee under s. 57.082, | 
| 75 | together with reasonable attorney's fees and costs as determined | 
| 76 | by the court. | 
| 77 | (2)  If reasonable attorney's fees or costs are assessed, | 
| 78 | payment of the fees or costs may be made part of any case plan | 
| 79 | in dependency proceedings at the court's discretion; however, no | 
| 80 | case plan may remain open for the sole issue of payment of | 
| 81 | attorney's fees or costs. At the court's discretion, a lien upon | 
| 82 | court-ordered payment of attorney's fees and costs may be | 
| 83 | ordered by the court in accordance with s. 938.29(2). | 
| 84 | (3)  The clerk of the court shall transfer all attorney's | 
| 85 | fees and costs collected under this section monthly to the | 
| 86 | Department of Revenue for deposit in the Indigent Civil Defense | 
| 87 | Trust Fund, subject to legislative appropriations and consistent | 
| 88 | with s. 27.5111. | 
| 89 | Section 3.  This act shall take effect July 1, 2010. |