Florida Senate - 2018 SB 146 By Senator Bean 4-00234-18 2018146__ 1 A bill to be entitled 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 ifthe 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 issubject 26 to appropriations and subject toreview 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.