SECTION 27.52, FLORIDA STATUTES (Effective July 1, 2004)

INDIGENCE IN JUVENILE DELINQUENCY CASES

•           CLERK OF COURT DETERMINES INDIGENCE (§ 27.52(1))

•           INDIGENCE DETERMINATION MADE WHEN PERSON APPLIES FOR:

             - Public Defender

             - Private Attorney

             - Due Process Services

•           PUBLIC DEFENDER OBTAINS INDIGENCE INFORMATION FROM DEFENDANT IF A DEFENDANT IS INCARCERATED (§ 27.52(1))

•           COURT MAY MAKE A PROVISIONAL APPOINTMENT OF COUNSEL OR SERVICES IF CLERK HAS NOT MADE INDIGENCE DETERMINATION (§ 27.52(1))

•           PROVISIONAL APPOINTMENT OF SERVICES IS MADE PENDING THE CLERK’S REVIEW OF INDIGENCE (§ 27.52(1))

•           IF CLERK SUBSEQUENTLY FINDS APPLICANT WHO RECEIVED PROVISIONAL SERVICES IS NOT INDIGENT, COURT MAKES FINAL DETERMINATION (§ 27.52(4)(b))

•           APPLICANT MAY SEEK REVIEW OF CLERK’S INDIGENCE DETERMINATION AT THE “NEXT SCHEDULED HEARING” (§ 27.52(1))             

•           $40 APPLICATION FEE DUE TO CLERK FOR EACH AFFIDAVIT OF INDIGENCE FILED (§ 27.52(2)(a))

•           PERSON FOUND TO BE INDIGENT SHALL NOT BE REFUSED SERVICES FOR FAILURE TO PAY THE $40 FEE (§ 27.52(4)(b))

•           WHO SUBMITS THE APPLICATION AND AFFIDAVIT OF INDIGENCE?

             Section 27.52 references the “applicant who is a minor” (§ 27.52(4)(a) & (6))

             However, § 985.203(1) states that in juvenile delinquency cases court-appointed counsel

             is available when both the parent and the minor are indigent.

•           NONINDIGENT PARENT SHALL PROVIDE MINORS WITH LEGAL SERVICES (§ 27.52(6))

•           IF PARENT DOES NOT PROVIDE LEGAL SERVICES, COURT MAY APPOINT COUNSEL, AND PARENT IS LIABLE FOR FEES AND COSTS (§ 27.52(6))