IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS & POLK COUNTIES

ADMINISTRATIVE ORDER NO.6-1.0

ON THE MATTER OF PARENTS BEING LIABLE FOR THE COSTS OF THE PUBLIC DEFENDER

IN JUVENILE PROCEEDINGS

§27.52(d), Fla. Stat. (1975), states:

When the public defender, a special assistant public defender appointed pursuant to §27.53(2), or appointed private legal counsel is appointed to represent a minor in any proceedings in circuit court or in a criminal proceeding in any other court, the parents or the legal guardian of the minor shall be liable for the costs of such representation in an amount not to exceed $1,250. Liability for the costs of such representation may be imposed in the form of a lien against the property of the parents or the legal guardian of the minor, which lien shall be enforceable as provided in §27.56 or §27.561. The court shall determine the amount of the obligation, and in determination of the obligation; the court shall follow the procedure outlined by this section.

In order to provide some guidelines in complying with this law in the Tenth Circuit, it is

ORDERED AND DIRECTED:

1. That in connection with the initial interview which comes after a delinquency complaint is made by any person or agency, the Department of Health and Rehabilitative Services shall inform the minor and its parents or legal guardian that if the public defender, special appointed public defender or appointed private legal counsel represents the minor in any proceedings before the Court that the parents or legal guardian may be liable for a reasonable sum comprising legal services rendered. If the minor and a parent, parents or legal guardian claim indigency or partial indigency, and request the services of the public defender under these conditions, then the minor will be directed to the nearest Public Defender office for the initial interview. At the first appearance of the minor before the Court a determination of public defender representation will be made.

2. That the Public Defender, or an assistant public defender, is requested to meet with representatives of the Department of Health and Rehabilitative Services from time to time and agree on procedures to be followed in implementing this order.

3. That at the disposition of a delinquency petition wherein the minor is represented by the public defender, a special appointed public defender or appointed private legal counsel, the Court may receive recommendations regarding the value of the services rendered. The Court may enter an order requiring a parent or parents or legal guardian of said minor to pay a specified sum in an amount not to exceed $1,250. to the Judicial Administrative Commission, as a reasonable sum comprising the legal services rendered.

4. Attached is a form (Exhibit A) of an order suggested for use in this matter.

5. Administrative Order No. 26.0 entered June 9, 1976, is hereby revoked and superseded.

DONE AND ORDERED on this 17th day of March, 1993.

RANDALL G. MCDONALD

Chief Judge

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