Seminole County v. Mize
Seminole County v. Mize
Opinion of the Court
Seminole County seeks a writ of certiora-ri from this court quashing the order of Circuit Court Judge C. Vernon Mize, Jr., directing the county to pay compensation to an attorney appointed to represent an
Chapter 397, Florida Statutes, was enacted by the legislature to provide comprehensive and individualized programs for treatment of drug dependents.
The county argues that the Department of Health and Rehabilitative Services should be held responsible for the legal fees in this case, because HRS has been charged by the legislature with overall responsibility for implementing the act. In In re the Interest of M.P., 453 So.2d 85 (Fla. 5th DCA 1984), rev. denied, 472 So.2d 732 (Fla. 1985), the court held that where the prime responsibility for carrying out the juvenile dependency laws rested on HRS, the duty to provide a guardian ad litem to represent a juvenile in a dependency proceeding must also lie with HRS. See also In re Interest ofR.W., 409 So.2d 1069 (Fla.2d DCA 1981), rev. denied, Department of H.R.S. v. C.C., 418 So.2d 1279 (Fla. 1982).
On the other hand, in In re the Interest of C.L.C., 440 So.2d 647 (Fla. 5th DCA 1983), the court refused to order HRS to pay attorney’s fees for services rendered by the Withlacoochee Area Legal Services, Inc., in representing an indigent mother in a proceeding for permanent severance of parental rights. Instead, the court found that indigent parents have a constitutional right to court appointed counsel in proceedings for permanent termination of parental rights, and applied section 43.28, Florida Statutes, to hold the county liable for payment of.legal fees resulting from the employment of such necessary and essential personnel.
The Florida Mental Health Act, also known as the Baker Act,
Although there is no Florida case directly on point, the California courts dealt with an identical question in Luke v. County of Los Angeles, 269 Cal.App.2d 495, 74 Cal.Rptr. 771 (1969), where the court considered who was to pay the attorney’s fees for counsel appointed under statutory authority to represent indigents in narcotic commitment proceedings when the law made no provision for payment. As in Florida, a California mental health statute required the county to pay for legal fees incurred under a similar statutory scheme. The court in Luke stated that “If society is to demand representation by counsel in an expanding variety of proceedings and to insist on a high level of competency in the performance of such representation, then counsel should be paid.” The California court found that the general policy exhibited in similar statutory schemes requiring counties to pay for legal services was evidence of a legislative intent to require counties to pay for legal services rendered to indigents in their domain, absent a contrary expression of responsibility.
Since the Florida statute providing for involuntary commitment for drug treatment was patterned after, and uses significantly similar language as, the Baker Act which requires the county to compensate attorneys for indigents, a similar intent could, and should, be implied in this case. Furthermore, such attorneys are, in fact, necessary personnel required by the statute to achieve the statutory goal of treatment for substance abusers. Just as in In re D.B. and D.S., where attorneys necessary because of constitutional requirements were to be paid by the county pursuant to section 43.28, so too should the county be held responsible for compensation of appointed attorneys required by chapter 397. Therefore, the trial court did not depart from the essential requirements of law in ordering the county to compensate the attorney in this case, and the petition for writ of certiorari is denied.
WRIT DENIED.
. Section 397.011(1), Florida Statutes (1987).
. Section 397.052(1), Florida Statutes (1987).
. Section 397.052(6), Florida Statutes (1987).
. Section 43.28 states: "The counties shall provide appropriate courtrooms, facilities, equipment, and, unless provided by the state, personnel necessary to operate the circuit and county courts."
. Section 394.451, et seq., Florida Statutes (1987).
. Section 394.467(2)(b), Florida Statutes (1987).
. Section 394.473, Florida Statutes (1987).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.