The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

F.S. 39.0134

39.0134 Appointed counsel; compensation.—

(1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding or a termination of parental rights proceeding pursuant to this chapter, compensation shall be paid in accordance with s. 27.5304. The state may acquire and enforce a lien upon court-ordered payment of attorney’s fees and costs in the same manner prescribed in s. 938.29.

(2)(a) A parent whose child is dependent, regardless of whether adjudication was withheld, or whose parental rights are terminated and who has received the assistance of the office of criminal conflict and civil regional counsel, or any other court-appointed attorney, or who has received due process services after being found indigent for costs, shall be liable for payment of the assessed application fee under s. 57.082, together with reasonable attorney’s fees and costs as determined by the court.

(b) If reasonable attorney’s fees or costs are assessed, the court, at its discretion, may make payment of the fees or costs part of any case plan in dependency proceedings. However, a case plan may not remain open for the sole issue of payment of attorney’s fees or costs. At the court’s discretion, a lien upon court-ordered payment of attorney’s fees and costs may be ordered by the court and enforced in the same manner prescribed in s. 938.29.

(c) The clerk of the court shall transfer monthly all attorney’s fees and costs collected under this subsection to the Department of Revenue for deposit into the Indigent Civil Defense Trust Fund, to be used as appropriated by the Legislature and consistent with s. 27.5111.

History.—s. 12, ch. 84-311; s. 9, ch. 87-289; s. 28, ch. 98-403; s. 9, ch. 99-193; s. 57, ch. 2003-402; s. 36, ch. 2004-265; s. 19, ch. 2010-162; s. 2, ch. 2016-10.

Note.—Former ss. 39.415, 39.474.

F.S. 39.0134 on Google Scholar

F.S. 39.0134 on Casetext

Amendments to 39.0134

Arrestable Offenses / Crimes under Fla. Stat. 39.0134

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.0134.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . . §§ 39.001(1X0; 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014); Fla. R. Juv. . . .

M. ANDERSON, v. E. T. A. T., 862 So. 2d 839 (Fla. Dist. Ct. App. 2003)

. . . he Court did find that an award of fees in excess of [the] $1,000 [statutory cap outlined in section 39.0134 . . . Furthermore, at the trial level, under section 39.0134(2) of the Florida Statutes, attorney’s fees are . . . fees for dependency cases and termination of parental rights cases, have been combined into section 39.0134 . . .

AMENDMENT TO THE RULES OF JUVENILE PROCEDURE, FLA. R. JUV. P., 842 So. 2d 763 (Fla. 2003)

. . . While section 39.0134, Florida Statutes (2002), provides that counties are to pay for court-appointed . . . compensation “pursuant to a court appointment in a dependency proceeding pursuant to this chapter.” § 39.0134 . . .