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Florida Statute 938.29 | Lawyer Caselaw & Research
F.S. 938.29 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.29
938.29 Legal assistance; lien for payment of attorney’s fees or costs.
(1)(a) A defendant who is convicted of a criminal act or a violation of probation or community control and who has received the assistance of the public defender’s office, a special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or who has received due process services after being found indigent for costs under s. 27.52, shall be liable for payment of the assessed application fee under s. 27.52 and attorney’s fees and costs. Attorney’s fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. For purposes of this section, “convicted” means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. The court shall include these fees and costs in every judgment rendered against the convicted person.
(b) Upon entering a judgment of conviction, the defendant shall be liable to pay the attorney’s fees and costs in full after the judgment of conviction becomes final. The court shall impose the attorney’s fees and costs notwithstanding the defendant’s present ability to pay.
(c) The defendant shall pay the application fee under s. 27.52(1)(b) and attorney’s fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorney’s fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. All funds collected under this section shall be distributed as provided in s. 27.562.
(2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who:
1. Has received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal conflict and civil regional counsel, or from any private conflict attorney, or who has received due process services after being found indigent for costs; or
2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counsel, or by a private conflict attorney, or who is receiving or has received due process services after being found indigent for costs.

Such lien constitutes a claim against the defendant-recipient or parent and his or her estate, enforceable according to law.

(b) A judgment showing the name and residence of the defendant-recipient or parent shall be recorded in the public record, without cost, by the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court of the county in which assistance was rendered. The lien against a parent shall remain in force notwithstanding the child becoming emancipated or the child reaching the age of majority.
(3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney’s fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorney’s fees or costs or of any unpaid portion thereof.
(4) No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent liable for payment of attorney’s fees or costs be denied any of the protections afforded any other civil judgment debtor.
(5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.
History.s. 3, ch. 63-410; s. 7, ch. 67-539; s. 1, ch. 72-41; s. 1, ch. 77-264; s. 2, ch. 77-378; s. 10, ch. 79-400; s. 8, ch. 80-376; s. 1, ch. 83-256; s. 2, ch. 89-129; s. 142, ch. 95-147; s. 2, ch. 96-232; s. 7, ch. 97-107; s. 22, ch. 97-271; s. 128, ch. 2003-402; s. 86, ch. 2004-265; s. 61, ch. 2005-236; s. 113, ch. 2006-1; s. 29, ch. 2007-62; s. 45, ch. 2008-111; s. 33, ch. 2010-162.
Note.Former s. 27.56.

F.S. 938.29 on Google Scholar

F.S. 938.29 on Casetext

Amendments to 938.29


Arrestable Offenses / Crimes under Fla. Stat. 938.29
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.29.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PIERRE, v. STATE, 264 So. 3d 206 (Fla. App. Ct. 2019)

. . . his sentence, but failed to inform him of his right to a hearing to contest the lien under section 938.29 . . . court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred . § 938.29 . . . Here, section 938.29(1)(a) required the trial court to assess appellant at least $ 100 in attorney's . . .

HENRY, v. STATE, 264 So. 3d 182 (Fla. App. Ct. 2019)

. . . See § 938.29(1)(a), Fla. Stat. (2014). On the remaining issues we find no reversible error. . . .

NEWTON, DOC v. STATE, 262 So. 3d 849 (Fla. App. Ct. 2018)

. . . See § 938.29(1), Fla. Stat. (2016). . . . contrary to our precedent and to the plain language of rule 3.720(d)(1), read together with section 938.29 . . . opportunity to request a hearing regarding the $100 cost for his public defender pursuant to section 938.29 . . . See § 938.29(1). . . . But, read together, section 938.29(5) and rule 3.720 unequivocally require that a defendant be given . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . present ability to pay, the Legal Assistance Lien for payment of attorneys' fees or costs, under section 938.29 . . .

DAVIS, v. STATE, 256 So. 3d 902 (Fla. App. Ct. 2018)

. . . 2), and asked the trial court to strike the $400 fee and impose the $100 fee required under section 938.29 . . . State , 211 So.3d 81, 82 (Fla. 4th DCA 2017) (quoting § 938.29(1)(a) ). . . . Levine and Klingensmith, JJ., concur Davis does not dispute the $50 public defender application fee. § 938.29 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . . ___ A sum of $_____ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel . . .

ROBINSON, v. STATE, 256 So. 3d 217 (Fla. App. Ct. 2018)

. . . See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis v. . . . See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis, 211 So.3d at 83. . . .

T. BAKER, v. STATE, 250 So. 3d 122 (Fla. App. Ct. 2018)

. . . With regard to the public defender fees, section 938.29 of the Florida Statutes (2017) governs attorney's . . . For cases involving a felony, sub- section 938.29(1)(a) provides that "fees and costs shall be set .. . . .

HOGLE, v. STATE, 250 So. 3d 178 (Fla. App. Ct. 2018)

. . . The trial court also imposed a $250 public defender representation fee pursuant to section 938.29(1)( . . .

FOURNIER, v. STATE, 244 So. 3d 307 (Fla. App. Ct. 2018)

. . . . ; § 938.29(1)(a), Fla. Stat. (2016). . . .

WHITTAKER, v. STATE, 223 So. 3d 270 (Fla. Dist. Ct. App. 2017)

. . . reverse the trial court’s imposition of a public defender fee in excess of the $100 minimum under section 938.29 . . .

CHAMBERS, v. STATE, 217 So. 3d 210 (Fla. Dist. Ct. App. 2017)

. . . court’s imposition of a lien for indigent defense fees above the $100 minimum allowed under section 938.29 . . .

TAYLOR, v. STATE, 214 So. 3d 700 (Fla. Dist. Ct. App. 2017)

. . . See § 938.29(1)(a), Fla. Stat. (2014). . . . See § 938.29(5), Fla. Stat. (2014); Fla. R. Crim. P. 3.720(d)(1) (2014). . . .

HOWARD, v. STATE, 213 So. 3d 1076 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 938.29(l)(a), Florida Statutes (2014), attorney’s fees and costs for a convicted . . . opportunity to be heard and offer objection to the determination, and to be represented by counsel.” § 938.29 . . .

TRUSTY, v. STATE, 210 So. 3d 758 (Fla. Dist. Ct. App. 2017)

. . . While section 938.29, Florida Statutes, mandates a legal assistance lien assessment of “no less than . . .

ALEXIS, v. STATE, 211 So. 3d 81 (Fla. Dist. Ct. App. 2017)

. . . Section 938.29 provides that a defendant who utilizes the public defender’s office and is convicted is . . . liable for attorney’s fees and costs, section 938.29(l)(a), Florida Statutes, and the court shall impose . . . the attorney’s fees and costs notwithstanding the defendant’s present ability to pay, section 938.29 . . . a charged misdemeanor or criminal traffic violation and $100 per case for a charged felony apply. § 938.29 . . . State, 33 So.3d 822, 823 (Fla. 4th DCA 2010) (quoting § 938.29(l)(a)). . . .

WILLIAMS, v. STATE, 207 So.3d 1029 (Fla. Dist. Ct. App. 2017)

. . . we reverse the trial court’s imposition of a public defender lien for failure to comply with section 938.29 . . .

SIMMONS, v. STATE, 196 So. 3d 1287 (Fla. Dist. Ct. App. 2016)

. . . lien and application fee in excess of the’ minimum statutory amount, and held: Pursuant to sections 938.29 . . .

N. LOPEZ, v. STATE, 198 So. 3d 958 (Fla. Dist. Ct. App. 2016)

. . . See § 938.29, Fla Stat. (2012); Gilchrist v. State, 674 So.2d 847, 848 (Fla. 2d DCA 1996). . . .

MOJICA, v. STATE, 192 So. 3d 1271 (Fla. Dist. Ct. App. 2016)

. . . Mojica was proper under section 938.29. . . . We note that prior to 2008, section 938.29(1)(a) did not include a mandatory $100 assessment, but left . . . State, 53 So.3d 394, 395 (Fla. 2d DCA 2011) (observing that under the 2007 version of section 938.29( . . .

TOWNSEND, v. R. J. REYNOLDS TOBACCO COMPANY,, 192 So. 3d 1223 (Fla. 2016)

. . . judgment is paid, except for judgments1 entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29 . . .

BROOKS, v. STATE, 199 So. 3d 974 (Fla. Dist. Ct. App. 2016)

. . . required notice of,, and opportunity to object to, the public defender fees, in violation of section 938.29 . . . Section 938.29(5) states: The court having jurisdiction of the defendant-recipient shall, at such stage . . . the procedures and rights provided in the laws and court rules pertaining to civil cases at law. § 938.29 . . . defender attorney’s fees or of his right to contest the fees at a hearing” in violation of section 938.29 . . . to advise [the defendant] of his right to a hearing to contest that amount, as required by section 938.29 . . .

MOSLEY, v. STATE, 194 So. 3d 473 (Fla. Dist. Ct. App. 2016)

. . . See § 938.29(l)(a), Fla. Stat. (2014). . . . Section 938.29(5), Florida Statutes (2014), provides: The court having jurisdiction of the defendant-recipient . . .

CARMICHAEL, v. STATE, 192 So. 3d 640 (Fla. Dist. Ct. App. 2016)

. . . concedes, the trial court erred in imposing a $300 public defender lien pursuant to sections 27.562 and 938.29 . . . See § 938.29(1)(a), Fla. . . . State, 187 So.3d 324, 325 (Fla. 1st DCA 2016) (explaining that “[p]ursuant to sections 938.29(1)(a) and . . .

ODOM, v. STATE, 187 So. 3d 324 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to sections 938.29(l)(a) and 27.52, the Legislature has required the imposition of a minimum . . .

GODFREY, v. STATE, 180 So. 3d 218 (Fla. Dist. Ct. App. 2015)

. . . . § 938.29, Fla. Stat. (2014); Maestas v. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . _A sum of $_pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). . . .

SMITH, v. STATE, 175 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29 . . .

MILLS, v. STATE, 177 So. 3d 984 (Fla. Dist. Ct. App. 2015)

. . . Ever since the Legislature amended section 938.29 by “providing that certain defendants are liable for . . . See § 938.29(5), Fla. Stat. . . . , if not paid prior to disposition of the case. §§ 938.29(l)(a); 27.52(l)(b), Fla. . . . Assess the application fee pursuant to s. 938.29. . . . . See § 938.29(l)(a), Fla. Stat. (2007).” Swift v. State, 53 So.3d 394, 395 (Fla. 2d DCA 2011). . . . defendants of the imposition of statutory liens for public defender attorney’s fees/costs under section 938.29 . . . In following the latter course, the Court reinterprets section 938.29, Florida Statutes, by receding . . . The notice provision of section 938.29, set forth in subsection (5), requires that “adequate notice” . . . the procedures and rights provided in the laws and court rules pertaining to civil cases at law. § 938.29 . . . (amending § 938.29(1), Fla. Stat.). . . .

WILSON, Jr. v. STATE, 164 So. 3d 806 (Fla. Dist. Ct. App. 2015)

. . . See § 938.29(5), Fla. Stat.; Fla. R. Crim. . . .

L. MANNING, v. STATE, 162 So. 3d 1082 (Fla. Dist. Ct. App. 2015)

. . . See § 938.29, Fla. Stat. (2013). Appellant timely filed a notice of appeal. . . . The trial court imposed this obligation without fully complying with section 938.29(l)(a), Florida Statutes . . . Section 938.29(l)(a), Florida Statutes, provides that a defendant who is represented by the public defender . . . court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred.” § 938.29 . . .

R. J. REYNOLDS TOBACCO COMPANY, v. TOWNSEND,, 160 So. 3d 570 (Fla. Dist. Ct. App. 2015)

. . . judgment is paid, except for judgments entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29 . . .

S. HARMON, v. STATE, 160 So. 3d 939 (Fla. Dist. Ct. App. 2015)

. . . . § 938.29(l)(a), Fla. Stat. (2013). . . .

GEDEHOMME, v. STATE, 160 So. 3d 533 (Fla. Dist. Ct. App. 2015)

. . . See § 938.29, Fla. Stat. (2012). This is error, and the State concedes as much. See McMillan v. . . .

B. TALBOT, v. STATE, 159 So. 3d 365 (Fla. Dist. Ct. App. 2015)

. . . pursuant to section 938.06, and (5) imposing a $100 indigent legal assistance lien pursuant to section 938.29 . . . Additionally, we reverse the $100 indigent legal assistance lien pursuant to section 938.29, because . . .

BRATTON, v. STATE, 156 So. 3d 590 (Fla. Dist. Ct. App. 2015)

. . . Appellant of his right to a hearing to contest the amount of the indigent legal assistance lien”); § 938.29 . . .

BRADSHAW, v. STATE, 148 So. 3d 831 (Fla. Dist. Ct. App. 2014)

. . . imposition in the written sentence of a $100 “Appointed Counsel Attorney Fee,” pursuant to section 938.29 . . . See § 938.29(l)(a) and (6), Fla. Stat.; Sharpe v. . . .

HARRISON, v. STATE, 146 So. 3d 76 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2011) (cost of prosecution); § 938.29(l)(a), Fla. Stat. (2011) (cost of defense); State v. . . . Section 938.29(5), Florida Statutes (2011), specifically provides that the defendant shall receive “notice . . . The State asserts that the trial court’s obligation under section 938.29(5) to provide “notice and an . . . opportunity to object” is triggered only when the court exercises its discretion under section 938.29 . . .

CHESTNUT, v. STATE, 145 So. 3d 193 (Fla. Dist. Ct. App. 2014)

. . . corrected by the trial court: (1) the imposition of the $100 indigent legal assistance lien under section 938.29 . . .

STRONG, v. STATE, 140 So. 3d 680 (Fla. Dist. Ct. App. 2014)

. . . (citing § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1))). . . .

GOODING, v. STATE, 127 So. 3d 722 (Fla. Dist. Ct. App. 2013)

. . . the twelve judgments and sentences the $100 attorney’s fee required for felony convictions by section 938.29 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . fee, under section 27.52, Florida Statutes; . pay $. the Public Defender attorney fee, under section 938.29 . . .

COLSON, v. STATE, 114 So. 3d 415 (Fla. Dist. Ct. App. 2013)

. . . We also strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . Florida Statutes: . pav $.the Public Defender attorney fee, under section 938.29. . . .

SHARPE, v. STATE, 115 So. 3d 1021 (Fla. Dist. Ct. App. 2013)

. . . See § 938.29(5), Fla. Stat.; Fla. R. Crim. . . .

YOUMAN, v. STATE, 112 So. 3d 693 (Fla. Dist. Ct. App. 2013)

. . . motion challenging the imposition of the $100 cost for indigent legal assistance pursuant to section 938.29 . . . See § 938.29(5), Fla. Stat. (2008); Fla. R.Crim. . . . Accordingly, we strike the $100 indigent legal assistance lien imposed under section 938.29(l)(a), Florida . . .

DeSALVO, v. STATE, 107 So. 3d 1185 (Fla. Dist. Ct. App. 2013)

. . . been requested by the State; and the $100 indigent legal assistance fee imposed pursuant to section 938.29 . . .

KIRKLAND, v. STATE, 106 So. 3d 4 (Fla. Dist. Ct. App. 2013)

. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d)(1). . . .

RODRIGUEZ, v. STATE, 104 So. 3d 1199 (Fla. Dist. Ct. App. 2012)

. . . Further, we find the trial court erred in imposing a $100 public defender fee pursuant to section 938.29 . . .

HARRIS, v. STATE, 100 So. 3d 245 (Fla. Dist. Ct. App. 2012)

. . . We strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes . . .

BAKER, v. STATE, 86 So. 3d 1208 (Fla. Dist. Ct. App. 2012)

. . . See § 938.29(5), Fla. Stat. (2010). On remand, these costs are to be struck. . . .

MORALES, v. STATE, 84 So. 3d 460 (Fla. Dist. Ct. App. 2012)

. . . vacate the judgment for attorney’s fees and costs which reflected a $100 fee entered pursuant to section 938.29 . . .

L. NIX, v. STATE, 84 So. 3d 424 (Fla. Dist. Ct. App. 2012)

. . . written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29 . . .

CLAVELLE, v. STATE, 80 So. 3d 456 (Fla. Dist. Ct. App. 2012)

. . . Among other costs, the court imposed a $150 charge for the Public Defender fee, under section 938.29, . . . appellant was given notice and an opportunity to be heard on this charge, as required under section 938.29 . . .

DABEL, v. STATE, 79 So. 3d 873 (Fla. Dist. Ct. App. 2012)

. . . Both section 938.29(5), Florida Statutes (2007), and Florida Rule of Criminal Procedure 3.720(d)(1) required . . . While clearly addressing public defender attorney’s fees under section 938.29(5) and Florida Rule of . . . To clarify, the notice requirement discussed in Smith and appearing in section 938.29(5) and rule 3.720 . . . In 2008, after Dabel requested a public defender in this case, the legislature amended section 938.29 . . .

T. BAKER, v. STATE, 78 So. 3d 719 (Fla. Dist. Ct. App. 2012)

. . . See § 938.29(5), Fla. Stat. (2010). On remand, these costs are to be struck. . . .

P. MAESTAS, v. STATE, 76 So. 3d 991 (Fla. Dist. Ct. App. 2011)

. . . . § 938.29, Fla. Stat. (2010); Houle v. State, 33 So.3d 822, 823 (Fla. 4th DCA 2010). . . .

HAYES, v. STATE, 69 So. 3d 1035 (Fla. Dist. Ct. App. 2011)

. . . . § 938.29(l)(a), Fla. Stat. (2006). . . .

WEST, v. STATE, 82 So. 3d 987 (Fla. Dist. Ct. App. 2011)

. . . addition, the trial court imposed a public defender’s fee in the amount of $2500 pursuant to section 938.29 . . . Section 938.29, Florida Statutes (2009), provides as follows: (5) The court having jurisdiction of the . . . 3.720(d)(1) (“[T]he court shall notify the accused of the imposition of a lien pursuant to section 938.29 . . . motion, it was argued the fee was imposed without compliance with the procedures mandated by section 938.29 . . .

VAUGHN, v. STATE, 65 So. 3d 138 (Fla. Dist. Ct. App. 2011)

. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. Rule 3.720(d)(1). . . .

HAYES, v. STATE, 53 So. 3d 1244 (Fla. Dist. Ct. App. 2011)

. . . See § 938.29(l)(a), (5), Fla. Stat. (2008). . . .

SWIFT, v. STATE, 53 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . Swift’s contention that the trial court erred in imposing certain costs under sections 938.05(1) and 938.29 . . . See § 938.29(l)(a), Fla. Stat. (2007). Although it appears from the record that Mr. . . .

HERNANDEZ, v. STATE, 46 So. 3d 176 (Fla. Dist. Ct. App. 2010)

. . . See § 938.29(l)(a), Fla. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . Office of Criminal Conflict and Civil Regional Counsel and the inclusion of that office in section 938.29 . . . correct the statutory reference to section 27.56, Florida Statutes, which has been renumbered as section 938.29 . . . section 938.27, Florida Statutes (Prosecution/Investigative Costs). _ A sum of $ pursuant to section 938.29 . . .

PARKER, v. STATE, 44 So. 3d 1190 (Fla. Dist. Ct. App. 2010)

. . . P. 3.720(d)(1); § 938.29(5), Fla. Stat. (2009). . . .

G. D. v. STATE, 42 So. 3d 327 (Fla. Dist. Ct. App. 2010)

. . . Section 938.29, Florida Statutes (2008), authorizes the assessment of a public defender fee and grants . . . See § 938.29(5). . . .

E. GONZALEZ, v. STATE, 40 So. 3d 60 (Fla. Dist. Ct. App. 2010)

. . . See also § 938.29(5), Fla. Stat. (2007). . . .

VICK, Jr. v. STATE, 37 So. 3d 951 (Fla. Dist. Ct. App. 2010)

. . . See also § 938.29(5), Fla. Stat. (2007). . . .

A. L. M. a v. STATE, 36 So. 3d 877 (Fla. Dist. Ct. App. 2010)

. . . See § 938.29(2)(a), Fla. Stat. (2009). AFFIRMED in part; REVERSED in part; REMANDED. . . .

HOULE, v. STATE, 33 So. 3d 822 (Fla. Dist. Ct. App. 2010)

. . . . § 938.29(l)(a), Fla. Stat. . . .

W. Z. a v. STATE, 35 So. 3d 51 (Fla. Dist. Ct. App. 2010)

. . . Significantly, section 985.033(1) expressly makes the costs of representation provisions set forth iii section 938.29 . . . proceedings: Determination of indigence and costs of representation shall be as provided by ss. 27.52 and 938.29 . . . Pursuant to section 938.29(l)(a), Florida Statutes (2009), a defendant who has been determined to be . . . required to impose the attorney’s fees “notwithstanding the defendant’s present ability to pay.” § 938.29 . . . The State next argues that section 938.29 supports the assessment of these costs against W.Z. . . .

WHITE, v. STATE, 32 So. 3d 132 (Fla. Dist. Ct. App. 2010)

. . . judgments and sentences without comment except as to the public defender fees imposed under section 938.29 . . .

THIEMANN, v. STATE, 17 So. 3d 1288 (Fla. Dist. Ct. App. 2009)

. . . written final judgment assessed $500 for public defender attorney’s fees in accordance with section 938.29 . . .

A. W. A v. STATE, 15 So. 3d 929 (Fla. Dist. Ct. App. 2009)

. . . A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.29 . . . It is clear that section 938.29 does not authorize the imposition of costs of prosecution in delinquency . . .

McMILLAN, v. STATE, 8 So. 3d 1237 (Fla. Dist. Ct. App. 2009)

. . . Section 938.29(5), Florida Statutes (2006), also provides that when a trial court determines the value . . . Section 27.56 was renumbered as section 938.29 in 1997. . . .

SMITH, v. STATE, 7 So. 3d 646 (Fla. Dist. Ct. App. 2009)

. . . . § 938.29(5), Fla. Stat. (2007); Fla. R.Crim. P. 3.720(d). . . .

HILL, v. STATE, 989 So. 2d 739 (Fla. Dist. Ct. App. 2008)

. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d). The public defender’s fee is thus stricken. . . .

CHAPMAN, v. STATE, 974 So. 2d 625 (Fla. Dist. Ct. App. 2008)

. . . See § 938.29, Fla. Stat. . . .

BRUNO, v. STATE, 960 So. 2d 907 (Fla. Dist. Ct. App. 2007)

. . . Bruno to pay $300 in attorneys’ fees for the services of the public defender pursuant to section 938.29 . . . The circuit court imposed this obligation without complying with the procedures required by section 938.29 . . . In ruling on this, motion, the circuit court’s order acknowledged that the provisions of section 938.29 . . .

R. R. a v. STATE, 956 So. 2d 557 (Fla. Dist. Ct. App. 2007)

. . . See § 938.29(l)(a), Fla. . . . The court shall determine the amount of the obligation.”); § 938.29(5), Fla. . . .

JERRY, v. STATE, 955 So. 2d 668 (Fla. Dist. Ct. App. 2007)

. . . . § 938.29(5), Fla. Stat. (2005); Fla. R.Crim. P. 3.720(d)(1). See also Smiley v. . . .

NASH, v. STATE, 958 So. 2d 471 (Fla. Dist. Ct. App. 2007)

. . . document reflects that Nash was assessed $425 for attorney’s fees and $40 for costs pursuant to section 938.29 . . . Section 938.29(5) requires the trial court to give notice and an opportunity for a defendant to object . . .

MIGLIORE, v. STATE, 953 So. 2d 754 (Fla. Dist. Ct. App. 2007)

. . . fee or to advise Migliore of his right to a hearing to contest that amount, as required by section 938.29 . . .

V. THIBAULT, v. STATE, 945 So. 2d 646 (Fla. Dist. Ct. App. 2006)

. . . public defender fee without considering the defendant’s financial resources is proper because section 938.29 . . .

FINKELSTEIN, v. STATE, 944 So. 2d 1226 (Fla. Dist. Ct. App. 2006)

. . . Section 938.29(5), Florida Statutes (1997), which controls the award of public defender’s fees, requires . . .

DADDS, v. STATE, 946 So. 2d 1129 (Fla. Dist. Ct. App. 2006)

. . . The trial court’s monetary obligations order cites section 938.29, Florida Statutes (2004), as authority . . . 870, 872 (Fla. 2d DCA 2005) (explaining procedure involved in imposing attorney’s fees under section 938.29 . . .

V. K. E. v. STATE, 934 So. 2d 1276 (Fla. 2006)

. . . guardians who are not indigent can be ordered to pay for attorney’s costs, as provided for in section 938.29 . . .

MILLER, v. STATE, 912 So. 2d 1282 (Fla. Dist. Ct. App. 2005)

. . . orally announced the imposition of an $800 fee for the public defender’s services pursuant to section 938.29 . . . requires the court to give notice and an opportunity for the defendant to object to the amount, see § 938.29 . . .

MEIER, v. STATE, 912 So. 2d 1277 (Fla. Dist. Ct. App. 2005)

. . . to section 939.18, Florida Statutes (2001); and (4) the $800 public defender fee pursuant to section 938.29 . . . See § 938.29(6); Fla. R.Crim. P. 3.720(d)(1); Edwards, 814 So.2d at 1198; Swinton v. . . .

WALLER, v. STATE, 911 So. 2d 226 (Fla. Dist. Ct. App. 2005)

. . . See § 938.29(6), Fla. Stat. (2002); see also Wilkerson v. . . .

SELWYN, v. STATE, 903 So. 2d 361 (Fla. Dist. Ct. App. 2005)

. . . E.g., § 938.29, Fla. . . . receive notice of his right to object to the amount of the fee within thirty days; referring to section 938.29 . . .

V. K. E. a v. STATE, 902 So. 2d 343 (Fla. Dist. Ct. App. 2005)

. . . guardians who are not indigent can be ordered to pay for attorney’s costs, as provided for in section 938.29 . . .

REILE, v. STATE, 901 So. 2d 196 (Fla. Dist. Ct. App. 2005)

. . . Section 938.29, Florida Statutes (2003), provides for the liability of a defendant for his/her public . . . It further provides that the court shall determine the amount of the obligation, section 938.29(l)(a) . . . defendant shall be liable to pay the costs in full after the judgment of conviction becomes final.” § 938.29 . . . ASSESSMENT OF ATTORNEYS FEES AND COSTS: Pursuant to Florida Statute 938.29, the court having jurisdiction . . .

COOK, v. STATE, 896 So. 2d 870 (Fla. Dist. Ct. App. 2005)

. . . This fee is governed by section 938.29, Florida Statutes (2003), which provides: A defendant determined . . . Section 938.29(6) and Florida Rule of Criminal Procedure 3.720(d) establish a procedure for the trial . . . Pursuant to section 938.29, there is no requirement that the court determine the defendant’s ability . . . Because section 938.29 does not require the court to consider the defendant’s ability to pay the public . . . In 1997, section 27.56 was amended and renumbered as section 938.29. . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29.... § 985.203(2), ■ Fla . . . The lien shall be enforceable as provided in s. 27.561 or s. 938.29. § 27.52(6), Fla. . . .

WOODS, v. STATE, 879 So. 2d 651 (Fla. Dist. Ct. App. 2004)

. . . What is clear, however, is that rather than issuing a civil hen pursuant to section 938.29(2), Florida . . . See § 938.29, Fla. Stat. (2002); Fla. R.Crim. P. 3.720. . . . Similarly, section 938.29(6), Florida Statutes (2002) (formerly section 27.56, Florida Statutes), provides . . . court orders payment of public defender fees without proper compliance with rule 3.720 and section 938.29 . . . We also note, parenthetically, that the 2002 version of section 938.29(l)(a), which is applicable in . . .

LANG, v. STATE, 856 So. 2d 1105 (Fla. Dist. Ct. App. 2003)

. . . failed to advise appellant of his right to a hearing to contest the amount, as required by section 938.29 . . .

I. B. a v. STATE, 806 So. 2d 610 (Fla. Dist. Ct. App. 2002)

. . . The trial court imposed public defender’s fees and costs authorized by section 938.29, Florida Statutes . . .

LEE, v. STATE, 785 So. 2d 603 (Fla. Dist. Ct. App. 2001)

. . . However, at the time, section 27.56 was amended and renumbered as section 938.29, Florida Statutes (1997 . . . Section 938.29, Florida Statutes (1997), provides in part: (1)(a) The court having jurisdiction over . . . Appellant argues that a plain reading of section 938.29, Florida Statutes (1997), does not give the trial . . . Section 938.29 is clear and unambiguous. . . . Although the trial court had jurisdiction to consider a motion to assess costs and impose a lien, section 938.29 . . .

HILL, v. STATE, 734 So. 2d 443 (Fla. Dist. Ct. App. 1999)

. . . Section 27.56(7), Florida Statutes (1995) had been renumbered as section 938.29(6), Florida Statutes . . .