The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . See § 938.29(1)(a), Fla. Stat. (2014). On the remaining issues we find no reversible error. . . .
. . . 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 . . .
. . . present ability to pay, the Legal Assistance Lien for payment of attorneys' fees or costs, under section 938.29 . . .
. . . 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 . . .
. . . . ___ A sum of $_____ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel . . .
. . . 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. . . .
. . . 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 .. . . .
. . . The trial court also imposed a $250 public defender representation fee pursuant to section 938.29(1)( . . .
. . . . ; § 938.29(1)(a), Fla. Stat. (2016). . . .
. . . reverse the trial court’s imposition of a public defender fee in excess of the $100 minimum under section 938.29 . . .
. . . court’s imposition of a lien for indigent defense fees above the $100 minimum allowed under section 938.29 . . .
. . . See § 938.29(1)(a), Fla. Stat. (2014). . . . See § 938.29(5), Fla. Stat. (2014); Fla. R. Crim. P. 3.720(d)(1) (2014). . . .
. . . 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 . . .
. . . While section 938.29, Florida Statutes, mandates a legal assistance lien assessment of “no less than . . .
. . . 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)). . . .
. . . we reverse the trial court’s imposition of a public defender lien for failure to comply with section 938.29 . . .
. . . lien and application fee in excess of the’ minimum statutory amount, and held: Pursuant to sections 938.29 . . .
. . . See § 938.29, Fla Stat. (2012); Gilchrist v. State, 674 So.2d 847, 848 (Fla. 2d DCA 1996). . . .
. . . 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( . . .
. . . judgment is paid, except for judgments1 entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29 . . .
. . . 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 . . .
. . . See § 938.29(l)(a), Fla. Stat. (2014). . . . Section 938.29(5), Florida Statutes (2014), provides: The court having jurisdiction of the defendant-recipient . . .
. . . 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 . . .
. . . Pursuant to sections 938.29(l)(a) and 27.52, the Legislature has required the imposition of a minimum . . .
. . . . § 938.29, Fla. Stat. (2014); Maestas v. . . .
. . . _A sum of $_pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). . . .
. . . appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29 . . .
. . . 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.). . . .
. . . See § 938.29(5), Fla. Stat.; Fla. R. Crim. . . .
. . . 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 . . .
. . . judgment is paid, except for judgments entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29 . . .
. . . . § 938.29(l)(a), Fla. Stat. (2013). . . .
. . . See § 938.29, Fla. Stat. (2012). This is error, and the State concedes as much. See McMillan v. . . .
. . . 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 . . .
. . . Appellant of his right to a hearing to contest the amount of the indigent legal assistance lien”); § 938.29 . . .
. . . 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. . . .
. . . 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 . . .
. . . corrected by the trial court: (1) the imposition of the $100 indigent legal assistance lien under section 938.29 . . .
. . . (citing § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1))). . . .
. . . the twelve judgments and sentences the $100 attorney’s fee required for felony convictions by section 938.29 . . .
. . . fee, under section 27.52, Florida Statutes; . pay $. the Public Defender attorney fee, under section 938.29 . . .
. . . We also strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes . . .
. . . Florida Statutes: . pav $.the Public Defender attorney fee, under section 938.29. . . .
. . . See § 938.29(5), Fla. Stat.; Fla. R. Crim. . . .
. . . 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 . . .
. . . been requested by the State; and the $100 indigent legal assistance fee imposed pursuant to section 938.29 . . .
. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d)(1). . . .
. . . Further, we find the trial court erred in imposing a $100 public defender fee pursuant to section 938.29 . . .
. . . We strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes . . .
. . . See § 938.29(5), Fla. Stat. (2010). On remand, these costs are to be struck. . . .
. . . vacate the judgment for attorney’s fees and costs which reflected a $100 fee entered pursuant to section 938.29 . . .
. . . written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29 . . .
. . . 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 . . .
. . . 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 . . .
. . . See § 938.29(5), Fla. Stat. (2010). On remand, these costs are to be struck. . . .
. . . . § 938.29, Fla. Stat. (2010); Houle v. State, 33 So.3d 822, 823 (Fla. 4th DCA 2010). . . .
. . . . § 938.29(l)(a), Fla. Stat. (2006). . . .
. . . 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 . . .
. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. Rule 3.720(d)(1). . . .
. . . See § 938.29(l)(a), (5), Fla. Stat. (2008). . . .
. . . 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. . . .
. . . 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 . . .
. . . P. 3.720(d)(1); § 938.29(5), Fla. Stat. (2009). . . .
. . . Section 938.29, Florida Statutes (2008), authorizes the assessment of a public defender fee and grants . . . See § 938.29(5). . . .
. . . See also § 938.29(5), Fla. Stat. (2007). . . .
. . . See also § 938.29(5), Fla. Stat. (2007). . . .
. . . See § 938.29(2)(a), Fla. Stat. (2009). AFFIRMED in part; REVERSED in part; REMANDED. . . .
. . . 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. . . .
. . . judgments and sentences without comment except as to the public defender fees imposed under section 938.29 . . .
. . . written final judgment assessed $500 for public defender attorney’s fees in accordance with section 938.29 . . .
. . . 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 . . .
. . . 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. . . .
. . . . § 938.29(5), Fla. Stat. (2007); Fla. R.Crim. P. 3.720(d). . . .
. . . See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d). The public defender’s fee is thus stricken. . . .
. . . 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 . . .
. . . See § 938.29(l)(a), Fla. . . . The court shall determine the amount of the obligation.”); § 938.29(5), Fla. . . .
. . . . § 938.29(5), Fla. Stat. (2005); Fla. R.Crim. P. 3.720(d)(1). See also Smiley v. . . .
. . . 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 . . .
. . . fee or to advise Migliore of his right to a hearing to contest that amount, as required by section 938.29 . . .
. . . public defender fee without considering the defendant’s financial resources is proper because section 938.29 . . .
. . . Section 938.29(5), Florida Statutes (1997), which controls the award of public defender’s fees, requires . . .
. . . 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 . . .
. . . guardians who are not indigent can be ordered to pay for attorney’s costs, as provided for in section 938.29 . . .
. . . 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 . . .
. . . 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. . . .
. . . See § 938.29(6), Fla. Stat. (2002); see also Wilkerson v. . . .
. . . 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 . . .
. . . guardians who are not indigent can be ordered to pay for attorney’s costs, as provided for in section 938.29 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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. . . .
. . . 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 . . .
. . . failed to advise appellant of his right to a hearing to contest the amount, as required by section 938.29 . . .
. . . The trial court imposed public defender’s fees and costs authorized by section 938.29, Florida Statutes . . .
. . . 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 . . .
. . . Section 27.56(7), Florida Statutes (1995) had been renumbered as section 938.29(6), Florida Statutes . . .