As amended through November 4, 2024
Rule 8.320 - PROVIDING COUNSEL TO PARTIES(a)Duty of the Court.(1) At each stage of the dependency proceeding, the court shall advise the parent of the right to have counsel present.(2) The court shall appoint counsel to indigent parents or others who are so entitled as provided by law, unless appointment of counsel is waived by that person.(3) The court shall ascertain whether the right to counsel is understood.(4) At each stage of the dependency proceeding, the court shall appoint an attorney to represent a child with special needs as defined in chapter 39, Florida Statutes, and who is not already represented by an attorney.(b)Waiver of Counsel.(1) No waiver of counsel shall be accepted where it appears that the parent is unable to make an intelligent and understanding choice because of age, education, experience, the nature or complexity of the case, or other factors.(2) A waiver of counsel made in court shall be of record. The court shall question the party in sufficient detail to ascertain that the waiver is made knowingly, intelligently, and voluntarily.(3) If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.Amended effective 7/1/2023; Amended by 258 So.3d 1254, effective 1/1/2019; amended by 783 So.2d 138, effective 1/1/2001; amended by 753 So.2d 1214, effective 7/1/1999; amended by 725 So.2d 296, effective 10/1/1998; amended by 589 So.2d 818, effective 7/1/1991; added by 549 So.2d 663, effective 10/1/1989; amended by 530 So.2d 920, effective 1/1/1989; amended by 393 So.2d 1077, effective 1/1/1981.