Florida
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
Florida guarantees counsel for indigent defendant parents at all stages of dependency cases.
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Litigation
Key Development
Right to counsel
The Florida Supreme Court has held that indigent parents in dependency proceedings are entitled to counsel in certain circumstances.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
April 30, 2014
Florida Legislature establishes right to counsel for certain dependent children
A Florida law enacted in 2024 provides a right to counsel for particularly vulnerable children in abuse and TPR proceedings.
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Key Development
January 20, 2018
Florida constitutional amendment would have guaranteed counsel for dependent children
A proposed constitutional amendment would have guaranteed counsel for all Florida dependent children, but it did not make it out of committee.
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Categorical
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in adult protective proceedings.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A court must appoint counsel upon request for a minor who seeks to judicially bypass the parental notification/consent requirement for abortion.
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Litigation
Key Development
Right to counsel
The Florida Supreme Court found a due process right to counsel in proceedings for a minor to bypass parental consent to abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Florida requires appointment of counsel for respondents in a variety of involuntary commitment scenarios.
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Key Development
March 7, 2024
Bills would have strengthened right to counsel-related procedures for minors
The Florida Senate introduced bills to require notice to minors of their right to counsel in involuntary mental health evaluation matters.
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Litigation
Key Development
Right to counsel
The Florida Supreme Court has found a due process right to counsel in involuntary commitments.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in a dissolution proceeding.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
A court must appoint counsel if a petition is filed to determine incapacity (a precursor to guardianship).
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in a guardianship establishment matter brought under the domestic relations code.
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Qualified
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel - Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
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Doesn't Affect
Housing - Evictions
Legislation
October 3, 2023
St. Pete weighs right to counsel for tenants facing eviction
The City of St. Pete is considering providing a right to counsel for tenants facing eviction.
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Qualified
Immigration
Legislation
Key Development
Right to counsel - Unaccompanied minor
Florida provides a right for unaccompanied minors to have petitions for special status filed on their behalf.
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Qualified
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Adult and minor respondents have the right to counsel in involuntary treatment matters due to mental health.
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Key Development
March 7, 2024
Bills would have strengthened right to counsel-related procedures for minors
The Florida Senate introduced bills to require notice to minors of their right to counsel in involuntary mental health evaluation matters.
Read More
Qualified
Issues Related to Incarcerated People
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
The court may appoint counsel for indigent individuals in proceedings "arising from the initiation of a criminal action."
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel only for hospitalization or isolation orders for a person with tuberculosis or a sexually transmissible disease.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent persons being committed as sexually violent predators.
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Qualified
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
Right to counsel
An appellate court found a due process right to counsel for indigent parents in contested adoption cases.
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Key Development
July 30, 2018
Florida court: adoption agencies can't challenge parents' right to counsel
A Florida Court of Appeals held that an adoption agency could not challenge the appointment of counsel for a parent in an adoption case.
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Legislation
Key Development
Right to counsel - Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Florida guarantees counsel for indigent parents in all stages of termination of parental rights proceedings.
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Litigation
Key Development
July 9, 2015
Florida SCT: right to counsel in termination proceedings survived SCOTUS opinion
The Florida Supreme Court upheld the due process right to counsel for indigent parents in termination proceedings, rejecting SCOTUS precedent.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
April 30, 2014
Florida Legislature establishes right to counsel for certain dependent children
A Florida law enacted in 2024 provides a right to counsel for particularly vulnerable children in abuse and TPR proceedings.
Read More