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Florida

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Children

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC was listed as a supporter of the proposed amendment.

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.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC provided some input on the language of HB 561.

Doesn't Affect

Civil Commitment

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC has worked to support the efforts of Councilmember Floyd.

Doesn't Affect

Involuntary Medical Treatment (incomplete)

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Termination of Parental Rights (Private) - Birth Parents

Litigation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC provided some input on the language of HB 561.

Qualified

Abuse/Neglect/Dependency - Accused Parents

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.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Florida guarantees counsel for indigent defendant parents at all stages of dependency cases.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC provided some input on the language of HB 561.

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for respondents in adult protective proceedings.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Litigation

Key Development

Right to counsel

The Florida Supreme Court has found a due process right to counsel in involuntary commitments.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

Florida requires appointment of counsel for respondents in a variety of involuntary commitment scenarios.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in a dissolution proceeding.

Appointment of Counsel: Discretionary

Qualified: No

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).

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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."

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Right to counsel

An appellate court found a due process right to counsel for indigent parents in contested adoption cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

Florida guarantees counsel for indigent parents in all stages of termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC provided some input on the language of HB 561.

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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