Florida Statute 938.29 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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 CourtListener

Amendments to 938.29

Annotations, Discussions, Cases:

Cases Citing Statute 938.29

Total Results: 139

Nix v. State

84 So. 3d 424, 2012 WL 1070000, 2012 Fla. App. LEXIS 5007

District Court of Appeal of Florida | Filed: Apr 2, 2012 | Docket: 2412819

Cited 46 times | Published

the indigent legal assistance fee mandated by section 938.29(1), Florida Statutes. [2] We question whether

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

pay for attorney's costs, as provided for in section 938.29. See § 985.203, Fla. Stat. *1282 In the past

Ladarius Brooks v. State of Florida

199 So. 3d 974, 2016 WL 3090690, 2016 Fla. App. LEXIS 8351

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071359

Cited 21 times | Published

the public defender fees, in violation of section 938.29(5), Florida Statutes (2014). He also asserted

Alexis v. State

211 So. 3d 81, 2017 Fla. App. LEXIS 483

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60262696

Cited 16 times | Published

governed by section 938.29 and by Florida Rule of Criminal Procedure 3.720. Section 938.29 provides that

VKE v. State

902 So. 2d 343, 2005 WL 1250783

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675050

Cited 16 times | Published

pay for attorney's costs, as provided for in section 938.29. See § 985.203, Fla. Stat. In the past, this

Maestas v. State

76 So. 3d 991, 2011 Fla. App. LEXIS 18981, 2011 WL 5964337

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60304619

Cited 12 times | Published

warranting the imposition of the additional $300. § 938.29, Fla. Stat. (2010); Houle v. State, 33 So.3d 822

Houle v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 291839

Cited 11 times | Published

and costs because she was convicted of a felony. § 938.29(1)(a), Fla. Stat. A trial court may assess more

Waller v. State

911 So. 2d 226, 2005 WL 2372069

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1528779

Cited 11 times | Published

the lien and the opportunity to be heard. See § 938.29(6), Fla. Stat. (2002);[4]see also Wilkerson v

Mills v. State

177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808

District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258

Cited 9 times | Published

court-appointed counsel filed.” Id. Second, under section 938.29, Florida Statutes (2010),3 attorney’s fees

Miller v. State

912 So. 2d 1282, 2005 WL 2896959

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1755502

Cited 9 times | Published

the public defender's services pursuant to section 938.29, Florida Statutes (2002), which authorizes

Bruno v. State

960 So. 2d 907, 2007 WL 2066541

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1726254

Cited 8 times | Published

services *908 of the public defender pursuant to section 938.29(1), Florida Statutes (2005). The circuit court

Cook v. State

896 So. 2d 870, 2005 WL 433216

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683511

Cited 8 times | Published

public defender fee. This fee is governed by section 938.29, Florida Statutes (2003), which provides: A

Chambers v. State

217 So. 3d 210, 2017 WL 1400741, 2017 Fla. App. LEXIS 5367

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265668

Cited 7 times | Published

defense fees above the $100 minimum allowed under section 938.29(l)(a), Florida Statutes (2015), because the

Vick v. State

37 So. 3d 951, 2010 Fla. App. LEXIS 8655, 2010 WL 2384608

District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 1240645

Cited 7 times | Published

of any public defender lien imposed. See also § 938.29(5), Fla. Stat. (2007). Because Vick was not advised

Gonzalez v. State

40 So. 3d 60, 2010 Fla. App. LEXIS 9761, 2010 WL 2634430

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1667128

Cited 6 times | Published

of any public defender lien imposed. See also § 938.29(5), Fla. Stat. (2007). Because Gonzalez was not

Dadds v. State

946 So. 2d 1129, 2006 WL 3687106

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 1771848

Cited 6 times | Published

trial court's monetary obligations order cites section 938.29, Florida Statutes (2004), as authority for

Woods v. State

879 So. 2d 651, 2004 WL 1485848

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 463727

Cited 5 times | Published

rather than issuing a civil lien pursuant to section 938.29(2), Florida Statutes (2002), the trial court

Lang v. State

856 So. 2d 1105, 2003 WL 22399538

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1298028

Cited 5 times | Published

hearing to contest the amount, as required by section 938.29(6), Florida Statutes (2001), and Florida Rule

McMillan v. State

8 So. 3d 1237, 2009 Fla. App. LEXIS 3966, 2009 WL 1162857

District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 2503663

Cited 4 times | Published

court granted in part and denied in part. [2] Section 938.29(5), Florida Statutes (2006), also provides

Lee v. State

785 So. 2d 603, 2001 WL 417701

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 450175

Cited 4 times | Published

amended and renumbered as section 938.29, Florida Statutes (1997). Section 938.29, Florida Statutes (1997)

Harrison v. State

146 So. 3d 76, 2014 WL 4086561, 2014 Fla. App. LEXIS 12740

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243013

Cited 3 times | Published

27(8), Fla. Stat. (2011) (cost of prosecution); § 938.29(l)(a), Fla. Stat. (2011) (cost of defense); State

Strong v. State

140 So. 3d 680, 2014 WL 2532403, 2014 Fla. App. LEXIS 8596

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241574

Cited 3 times | Published

the fee when it *682was orally imposed.” (citing § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1)))

Swift v. State

53 So. 3d 394, 2011 Fla. App. LEXIS 1560, 2011 WL 478726

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298103

Cited 3 times | Published

right to contest the amount at a hearing. See § 938.29(l)(a), Fla. Stat. (2007). Although it appears

WZ v. State

35 So. 3d 51, 2010 WL 1507010

District Court of Appeal of Florida | Filed: Apr 16, 2010 | Docket: 1144348

Cited 3 times | Published

costs of representation provisions set forth in section 938.29 applicable to juvenile delinquency proceedings:

Nash v. State

958 So. 2d 471, 2007 WL 1373776

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 2589218

Cited 3 times | Published

for costs pursuant to section 938.29(1)(a), Florida Statutes (2005). Section 938.29(5) requires the trial

Finkelstein v. State

944 So. 2d 1226, 2006 Fla. App. LEXIS 21236, 2006 WL 3734087

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848331

Cited 3 times | Published

costs and remand for an evidentia-ry hearing. Section 938.29(5), Florida Statutes (1997), which controls

IB v. State

806 So. 2d 610, 2002 WL 180969

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1346820

Cited 3 times | Published

public defender's fees and costs authorized by section 938.29, Florida Statutes (2000). The defendant in

Jon Paul Hogle v. State of Florida

250 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143

Cited 2 times | Published

public defender representation fee pursuant to section 938.29(1)(a), as well as $2,5247.79 for prosecution

Taylor v. State

214 So. 3d 700, 2017 WL 1278073, 2017 Fla. App. LEXIS 4635

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 60264220

Cited 2 times | Published

the statutorily authorized amount of $100. See § 938.29(1)(a), Fla. Stat. (2014). As such, the fee was

Chestnut v. State

145 So. 3d 193, 2014 WL 3953498, 2014 Fla. App. LEXIS 12500

District Court of Appeal of Florida | Filed: Aug 14, 2014 | Docket: 60242650

Cited 2 times | Published

the $100 indigent legal assistance lien under section 938.29, Florida Statutes (2009), in the new law violation

DeSalvo v. State

107 So. 3d 1185, 2013 WL 614883, 2013 Fla. App. LEXIS 2776

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228585

Cited 2 times | Published

indigent legal assistance fee imposed pursuant to section 938.29(1) because Appellant was not given notice of

Clavelle v. State

80 So. 3d 456, 2012 WL 603815, 2012 Fla. App. LEXIS 2935

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 1315100

Cited 2 times | Published

$150 charge for the Public Defender fee, under section 938.29, Florida Statutes. However, it does not appear

Dabel v. State

79 So. 3d 873, 2012 WL 385482, 2012 Fla. App. LEXIS 1775

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305395

Cited 2 times | Published

application fee ($50) should be reversed. Both section 938.29(5), Florida Statutes (2007), and Florida Rule

Vaughn v. State

65 So. 3d 138, 2011 Fla. App. LEXIS 10569, 2011 WL 2638180

District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 2364360

Cited 2 times | Published

Vaughn of his right to contest the amount. See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. Rule 3.720(d)(1)

W.Z. v. State

35 So. 3d 51, 2010 Fla. App. LEXIS 5048

District Court of Appeal of Florida | Filed: Apr 16, 2010 | Docket: 60294281

Cited 2 times | Published

of representation provisions set forth iii section 938.29 applicable to juvenile delinquency proceedings:

AW v. State

15 So. 3d 929, 2009 WL 2407663

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 1424674

Cited 2 times | Published

in imposing costs of prosecution pursuant to section 938.29, Florida Statutes (2009), in the amount of

Chapman v. State

974 So. 2d 625, 33 Fla. L. Weekly Fed. D 611

District Court of Appeal of Florida | Filed: Feb 27, 2008 | Docket: 1367476

Cited 2 times | Published

repayment, as there is upon a criminal conviction. See § 938.29, Fla. Stat. In the criminal law, "Mt is well established

Thibault v. State

945 So. 2d 646, 2006 WL 3823121

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 146532

Cited 2 times | Published

defendant's financial resources is proper because section 938.29, Florida Statutes (2003), does not require

GOLDBOURNE ONEIL HENRY v. STATE OF FLORIDA

264 So. 3d 182

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588108

Cited 1 times | Published

findings to support fees in excess of $100. See § 938.29(1)(a), Fla. Stat. (2014). On the remaining

WILLIE MATHERS NEWTON v. STATE OF FLORIDA

262 So. 3d 849

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462500

Cited 1 times | Published

services of court-appointed conflict counsel. See § 938.29(1), Fla. Stat. (2016). We agree with Newton's

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

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

Charles Howard v. State of Florida

213 So. 3d 1076, 2017 WL 946305, 2017 Fla. App. LEXIS 3237

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4619357

Cited 1 times | Published

required by statute. We agree. Pursuant to section 938.29(l)(a), Florida Statutes (2014), attorney’s

Stephen Trusty v. State of Florida

210 So. 3d 758, 2017 WL 573799, 2017 Fla. App. LEXIS 1831

District Court of Appeal of Florida | Filed: Feb 14, 2017 | Docket: 4584636

Cited 1 times | Published

appointed attorney lien payment assessment. While section 938.29, Florida Statutes, mandates a legal assistance

Carmichael v. State

192 So. 3d 640, 2016 WL 3030837, 2016 Fla. App. LEXIS 8144

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255375

Cited 1 times | Published

Appellant notice and an opportunity to be heard. See § 938.29(1)(a), Fla. Stat. (2014) (mandating a $100 minimum

Godfrey v. State

180 So. 3d 218, 2015 WL 8358440

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 60294113

Cited 1 times | Published

warranting the imposition of the additional $300. § 938.29, Fla. Stat. (2014); Maestas v. State, 76 So.3d

Wilson v. State

164 So. 3d 806, 2015 Fla. App. LEXIS 8752, 2015 WL 3561477

District Court of Appeal of Florida | Filed: Jun 9, 2015 | Docket: 60248071

Cited 1 times | Published

providing Appellant an opportunity to contest it. See § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1) (“Notice

Harmon v. State

160 So. 3d 939, 2015 Fla. App. LEXIS 4746, 2015 WL 1469976

District Court of Appeal of Florida | Filed: Apr 2, 2015 | Docket: 60246950

Cited 1 times | Published

and costs because he was convicted of a felony. § 938.29(l)(a), Fla. Stat. (2013). However, a trial court

Colson v. State

114 So. 3d 415, 2013 WL 2360939, 2013 Fla. App. LEXIS 8569

District Court of Appeal of Florida | Filed: May 30, 2013 | Docket: 60231915

Cited 1 times | Published

indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes, as the appellant was not

Sharpe v. State

115 So. 3d 1021, 2013 WL 2232316, 2013 Fla. App. LEXIS 8219

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60232050

Cited 1 times | Published

Appellant of his right to contest the amount. See § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1) (“Notice

Youman v. State

112 So. 3d 693, 2013 WL 1859186, 2013 Fla. App. LEXIS 7289

District Court of Appeal of Florida | Filed: May 6, 2013 | Docket: 60231225

Cited 1 times | Published

cost for indigent legal assistance pursuant to section 938.29(l)(a), Florida Statutes, and the $20 court

Kirkland v. State

106 So. 3d 4, 2013 Fla. App. LEXIS 65, 2013 WL 11876

District Court of Appeal of Florida | Filed: Jan 2, 2013 | Docket: 60228193

Cited 1 times | Published

contest the fee when it was orally imposed. See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d)(1). As

Baker v. State

78 So. 3d 719, 2012 WL 312604, 2012 Fla. App. LEXIS 1377

District Court of Appeal of Florida | Filed: Feb 2, 2012 | Docket: 971231

Cited 1 times | Published

defender fee, it too was erroneously assessed. See § 938.29(5), Fla. Stat. (2010). On remand, these costs

Parker v. State

44 So. 3d 1190, 2010 Fla. App. LEXIS 14217, 2010 WL 3703297

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 60295547

Cited 1 times | Published

of the fees. See Fla. R.Crim. P. 3.720(d)(1); § 938.29(5), Fla. Stat. (2009). Accordingly, the Public

GD v. State

42 So. 3d 327, 2010 WL 3184339

District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 2571982

Cited 1 times | Published

issue and reverse the public defender fee. Section 938.29, Florida Statutes (2008), authorizes the assessment

White v. State

32 So. 3d 132, 2010 Fla. App. LEXIS 284, 2010 WL 178924

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 376874

Cited 1 times | Published

as to the public defender fees imposed under section 938.29(1)(a), Florida Statutes (2006). White preserved

THIEMANN v. State

17 So. 3d 1288, 2009 Fla. App. LEXIS 15195, 2009 WL 3233145

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1443479

Cited 1 times | Published

defender attorney's fees in accordance with section 938.29(1)(a), Florida Statutes (2007).[1] The State

A.W. v. State

15 So. 3d 929, 2009 Fla. App. LEXIS 10974

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 60244159

Cited 1 times | Published

in imposing costs of prosecution pursuant to section 938.29, Florida Statutes (2009), in the amount of

Smith v. State

7 So. 3d 646, 2009 Fla. App. LEXIS 3869, 2009 WL 1139262

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 60302822

Cited 1 times | Published

right to a hearing to contest the amount of fees. § 938.29(5), Fla. Stat. (2007); Fla. R.Crim. P. 3.720(d)

RR v. State

956 So. 2d 557, 2007 WL 1514314

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 1740374

Cited 1 times | Published

a public defender to a criminal defendant. See § 938.29(1)(a), Fla. Stat. (2007) ("A defendant determined

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

pay for attorney’s costs, as provided for in section 938.29. See § 985.203, Fla. Stat. *1282•In the past

Selwyn v. State

903 So. 2d 361, 2005 WL 1397373

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1258398

Cited 1 times | Published

of criminal procedure, and by case law. E.g., § 938.29, Fla. Stat. (2002) (detailing the services subject

I.B. v. State

806 So. 2d 610, 2002 Fla. App. LEXIS 2930

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64812243

Cited 1 times | Published

public defender’s fees and costs authorized by section 938.29, Florida Statutes (2000). The defendant in

Dante Austin v. State of Florida

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651323

Published

[with respect to a public defender fee] under section 938.29(1)(a), Florida Statutes (2020), or lack of

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

attorneys’ fees or costs, under section 938.29, Florida Statutes, .....

Jordan Cayne Hutchinson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171509

Published

discretionary public defender fee of $150 under section 938.29(5), Florida Statutes; there was no question

Jamin Ryan Ford v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490764

Published

novo because it presents a purely legal issue.”); § 938.29(1)(a), Fla. Stat. (2019) (“A defendant who is

Bookertee Hartfield v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290542

Published

imposition of a $300 public defender fee under section 938.29(1)(a), Florida Statutes, arguing the cost was

David Adam Smart v. State of Florida

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230491

Published

proof of higher fees” incurred, as required by section 938.29(1)(a), Florida Statutes (2021), and the trial

Rasha J. Cummings v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103679

Published

fee provided for in section 938.29(1)(a), Florida Statutes. We agree. Section 938.29(1)(a) is clear that

TAMMY LYNN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744027

Published

statutory minimum for a misdemeanor offense. See § 938.29(1)(a), Fla. Stat. (2021). Appellant requests we

TERRY TYRONE PULLEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 9, 2023 | Docket: 64952452

Published

proof of higher fees” incurred as required by section 938.29(1)(a), Florida Statutes (2020). The defendant

ROYTEZ LEONARD TAYLOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617073

Published

Fee The minimum public defender fee is $50. § 938.29(1), Fla. Stat. (2021). This fee may be increased

STEVEN ELLIS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 62555169

Published

reducing the public defender fee to $100. See § 938.29(1), Fla. Stat. (2021). AFFIRMED; REMANDED

In Re: Amendments to Florida Rule of Criminal Procedure 3.720 and Florida Rule of Juvenile Procedure 8.115 & In Re: Amendments to Florida Rule of Criminal Procedure 3.720

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591316

Published

amendment is intended to align the rule with section 938.29, Florida Statutes (2021). See State v. J.A

JACQUELINE RIVERA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198515

Published

imposed”). Any claim of insufficient evidence under section 938.29(1)(a), Florida Statutes (2020), or lack of

MOISES SANCHEZ, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689379

Published

a $100 statutory minimum public defender fee. § 938.29(1)(a), Fla. Stat. (2020). “[T]he imposition of

MOISES SANCHEZ, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689379

Published

a $100 statutory minimum public defender fee. § 938.29(1)(a), Fla. Stat. (2020). “[T]he imposition of

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689371

Published

sections 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed

TIMOTHY ADAM WALDING v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695050

Published

appears to be defense costs assessed pursuant to section 938.29, Florida Statutes (2018). That provision requires:

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660145

Published

27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed

ROY LEE ICON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971140

Published

proof to support the requested amounts. Section 938.29(1)(a), Florida Statutes (2020), states that

State of Florida v. J.A.R., etc.

Supreme Court of Florida | Filed: Jun 3, 2021 | Docket: 59957924

Published

court imposed a $100 public defender fee under section 938.29, Florida Statutes (2019), see id., the minimum

N.J.P., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899787

Published

per case when charged with a felony offense. See § 938.29, Fla. Stat. (2018). 1 Although Fain involved

LEROY ROEBUCK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699917

Published

302 So. 3d 916, 918 (Fla. 4th DCA 2020) (citing § 938.29(1)(a), Fla. Stat. (2019)). Here, the court did

GIOVANNI F. ESCOBAR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706933

Published

3d 916, 917 (Fla. 4th DCA 2020). Under section 938.29(1)(a), Florida Statutes (2019), indigent defendants

E. C. T. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2020 | Docket: 18411940

Published

services of the public defender pursuant to section 938.29(1)(a), Florida Statutes (2018), without providing

TRAVIS T. BRINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 2, 2020 | Docket: 18200661

Published

the public defender’s office are governed by section 938.29, Florida Statutes (2019). Defendants are required

CISCELY A. MACK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 11, 2019 | Docket: 16571840

Published

amount and of her right to contest the fee. See § 938.29(1)(a), Fla. Stat. (2018); Fla. R. Crim. P. 3.720(d)(1)

H. R. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 15, 2019 | Docket: 16472140

Published

right to contest these costs as required by section 938.29(5). See J.S. v. State, 277 So. 3d 270, 276

J. S. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992404

Published

services of the public defender pursuant to section 938.29(1)(a), Florida Statutes (2017), because the

FRITZ GERALD PIERRE v. STATE OF FLORIDA

264 So. 3d 206

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549591

Published

right to a hearing to contest the lien under section 938.29(1)(a), Florida Statutes (2018). This section

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

payment of attorneys' fees or costs, under section 938.29, Florida Statutes;. ..... $50.00, per

DOMINIC NATHANIEL DAVIS v. STATE OF FLORIDA

256 So. 3d 902

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109848

Published

fee and impose the $100 fee required under section 938.29(1)(a), Florida Statutes (2018), or hold a

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

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

TIMOTHY T. BAKER v. STATE OF FLORIDA

250 So. 3d 122

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292497

Published

With regard to the public defender fees, section 938.29 of the Florida Statutes (2017) governs attorney’s

ROLAND FOURNIER v. STATE OF FLORIDA

244 So. 3d 307

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366314

Published

a minimum public defender fee of $100. See id; § 938.29(1)(a), Fla. Stat. (2016). In this case, the

KENNETH WHITTAKER v. STATE OF FLORIDA

223 So. 3d 270, 2017 WL 2858904, 2017 Fla. App. LEXIS 9641

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085988

Published

defender fee in excess of the $100 minimum under section 938.29(l)(a), Florida Statutes (2015), which was done

Williams v. State

207 So. 3d 1029, 2017 Fla. App. LEXIS 368

District Court of Appeal of Florida | Filed: Jan 17, 2017 | Docket: 63631929

Published

public defender lien for failure to comply with section 938.29, Florida Statutes (2013), and remand with directions

Quamain Tyjuan Williams v. State of Florida

District Court of Appeal of Florida | Filed: Jan 16, 2017 | Docket: 4568509

Published

public defender lien for failure to comply with section 938.29, Florida Statutes (2013), and remand with

Lopez v. State

198 So. 3d 958, 2016 Fla. App. LEXIS 11824, 2016 WL 4159259

District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 4117427

Published

by documentation in the record. See § 938.29, Fla Stat. (2012); Gilchrist v. State,

Mojica v. State

192 So. 3d 1271, 2016 WL 3216282, 2016 Fla. App. LEXIS 8931

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077246

Published

assessed against Mr. Mojica was proper under section 938.29. However, as set forth in that statute, any

Mosley v. State

194 So. 3d 473, 2016 Fla. App. LEXIS 8104, 2016 WL 3030835

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255812

Published

because the appellant was convicted of a felony. See § 938.29(l)(a), Fla. Stat. (2014). However, we reverse

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed

Michael Godfrey v. State of Florida

180 So. 3d 218, 2015 Fla. App. LEXIS 18413

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019341

Published

warranting the imposition of the additional $300. § 938.29, Fla. Stat. (2014); Maestas v. State, 76 So. 3d

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

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

Michael Smith v. State of Florida

175 So. 3d 906, 2015 Fla. App. LEXIS 14077, 2015 WL 5603453

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851144

Published

accused of the imposition of a lien pursuant to section 938.29, Florida Statutes. The amount of the lien shall

Michael Smith v. State of Florida

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2863196

Published

of the imposition of a lien pursuant to section 938.29, Florida Statutes. The amount of the

Manning v. State

162 So. 3d 1082, 2015 Fla. App. LEXIS 5565, 2015 WL 1736871

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 60247372

Published

ordered to pay a $500 public defender’s fee. See § 938.29, Fla. Stat. (2013). Appellant timely filed a notice

Gedehomme v. State

160 So. 3d 533, 2015 Fla. App. LEXIS 4669, 2015 WL 1449174

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646050

Published

the cost for his public defender. See § 938.29, Fla. Stat. (2012). This is error, and the State

Robert B. Talbot v. State of Florida

159 So. 3d 365

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2641085

Published

indigent legal assistance lien pursuant to section 938.29, without informing him of his right to a hearing

Maria Eileen Bratton v. State of Florida

156 So. 3d 590

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631636

Published

amount of the indigent legal assistance lien”); § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1).

Bobby Bernard Bradshaw v. State of Florida

148 So. 3d 831

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1422485

Published

“Appointed Counsel Attorney Fee,” pursuant to section 938.29, Florida Statutes. The trial court failed to

Gooding v. State

127 So. 3d 722, 2013 WL 6152334, 2013 Fla. App. LEXIS 18639

District Court of Appeal of Florida | Filed: Nov 22, 2013 | Docket: 60236833

Published

attorney’s fee required for felony convictions by section 938.29(l)(a), Florida Statutes (2009, 2010). Although

In re Amendments to the Florida Rules of Juvenile Procedure

123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

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

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

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

Rodriguez v. State

104 So. 3d 1199, 2012 Fla. App. LEXIS 20876, 2012 WL 6030634

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60227359

Published

imposing a $100 public defender fee pursuant to section 938.29, Florida Statutes (2009), because appellant

Harris v. State

100 So. 3d 245, 2012 Fla. App. LEXIS 18993, 2012 WL 5373496

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60225734

Published

indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), because the trial

Baker v. State

86 So. 3d 1208, 2012 WL 1521572, 2012 Fla. App. LEXIS 6879

District Court of Appeal of Florida | Filed: May 1, 2012 | Docket: 60307590

Published

defender fee, it too was erroneously assessed. See § 938.29(5), Fla. Stat. (2010). On remand, these costs

Morales v. State

84 So. 3d 460, 2012 Fla. App. LEXIS 5552, 2012 WL 1193186

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60306747

Published

which reflected a $100 fee entered pursuant to section 938.29, Florida Statutes (2010), for attorney’s fees

Hayes v. State

69 So. 3d 1035, 2011 Fla. App. LEXIS 14663, 2011 WL 4102285

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2467813

Published

costs in the form of a public defender lien. [2] § 938.29(1)(a), Fla. Stat. (2006).

West v. State

82 So. 3d 987, 2011 Fla. App. LEXIS 12795, 2011 WL 3558150

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2413305

Published

defender's fee in the amount of $2500 pursuant to section 938.29(5), Florida Statutes (2009). West filed an

Jones v. State

56 So. 3d 130, 2011 Fla. App. LEXIS 3270, 2011 WL 830632

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 60298535

Published

trial court assessed these fees pursuant to section 938,29, Florida Statutes. However, it did so without

Hayes v. State

53 So. 3d 1244, 2011 Fla. App. LEXIS 1984, 2011 WL 561823

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 2583536

Published

defender fee be reduced from $200 to $100. See § 938.29(1)(a), (5), Fla. Stat. (2008). However, the trial

Hernandez v. State

46 So. 3d 176, 2010 Fla. App. LEXIS 16268, 2010 WL 4226274

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 60296308

Published

judgment covering such a financial obligation. See § 938.29(l)(a), Fla. Stat. (2009) (“A defendant who is

In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 60296528

Published

Counsel and the inclusion of that office in section 938.29, Florida Statutes (2009). See Chapter 2007-62

G.D. v. State

42 So. 3d 327, 2010 Fla. App. LEXIS 11775

District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 60295261

Published

issue and reverse the public defender fee. Section 938.29, Florida Statutes (2008), authorizes the assessment

A.L.M. v. State

36 So. 3d 877, 2010 Fla. App. LEXIS 7710, 2010 WL 2218569

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 60294499

Published

offender’s indigent parent is without merit. See § 938.29(2)(a), Fla. Stat. (2009). AFFIRMED in part; REVERSED

Hill v. State

989 So. 2d 739, 2008 WL 4146688

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 2550250

Published

right to a hearing to contest the amount. See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d). The

R.R. v. State

956 So. 2d 557, 2007 Fla. App. LEXIS 8154

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 64850687

Published

a public defender to a criminal defendant. See § 938.29(l)(a), Fla. Stat. (2007) (“A defendant determined

Jerry v. State

955 So. 2d 668, 2007 WL 1427034

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 2587837

Published

of his right to contest the amount of the fee. § 938.29(5), Fla. Stat. (2005); Fla. R.Crim. P. 3.720(d)(1)

Migliore v. State

953 So. 2d 754, 2007 Fla. App. LEXIS 5642, 2007 WL 1138354

District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 64850109

Published

hearing to contest that amount, as required by section 938.29(5), Florida Statutes (2004) and Florida Rule

Meier v. State

912 So. 2d 1277, 2005 Fla. App. LEXIS 17219, 2005 WL 2863051

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840704

Published

(4) the $800 public defender fee pursuant to section 938.29, Florida Statutes (2001). Mr. Meier argues

Ago

Florida Attorney General Reports | Filed: Aug 23, 2005 | Docket: 3255269

Published

be used as appropriated by the Legislature.4 Section 938.29, Florida Statutes, authorizes the imposition

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

pay for attorney’s costs, as provided for in section 938.29. See § 985.203, Fla. Stat. In the past, this

Reile v. State

901 So. 2d 196, 2005 WL 662717

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1216633

Published

Nichols, 629 So.2d 970, 972 (Fla. 5th DCA 1993). Section 938.29, Florida Statutes (2003), provides for the

Ago

Florida Attorney General Reports | Filed: May 28, 2002 | Docket: 3256526

Published

funds collected pursuant to the provisions of section 938.29, Florida Statutes, except theapplication fee

Hill v. State

734 So. 2d 443, 1999 Fla. App. LEXIS 5643, 1999 WL 269963

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788580

Published

Florida Statutes (1995) had been renumbered as section 938.29(6), Florida Statutes (1997).

Department of Revenue ex rel. Parker v. Parker

723 So. 2d 347, 1998 WL 880962

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64785096

Published

this section was amended and renumbered as section 938.29. Neither the 1977 nor the 1997 version supports