Florida/Georgia Personal Injury & Workers Compensation

...rized sums after following the appropriate procedure). AFFIRMED in part; REVERSED in part; and REMANDED. PADOVANO and LEWIS, JJ., Concur. NOTES [1] The written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29(1), Florida Statutes....

...t the public defender fees should be struck and the conviction for Count II should be vacated. He claimed that the trial court failed to provide him with the required notice of, and opportunity to object to, the public defender fees, in violation of section 938.29(5), Florida Statutes (2014). He also asserted that the trial court committed fundamental error by sentencing him on a charge to which he did not enter a plea. According to the record on appeal, this motion was never ruled upon and...

...“Because a motion to correct a sentencing error involves a pure issue of law, our standard of review is de novo.” Smith v. State, 143 So. 3d 1023, 1024 (Fla. 4th DCA 2014) (quoting Salter v. State, 77 So. 3d 760, 764 (Fla. 4th DCA 2011)). 2  Section 938.29(5) states: 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, spec...

...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. § 938.29(5), Fla....

...sentencing court shall order a sentencing hearing. At the hearing: .... (d)(1) If the accused was represented by a public defender or other court appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29, Florida Statutes....

...3d at 874-75 (reversing imposition of public defender fee because defendant “was not provided notice of the trial court’s intent to impose the public defender attorney’s fees or of his right to contest the fees at a hearing” in violation of section 938.29(5) and rule 3.720(d)); see also Migliore v....

...told [the defendant] that court costs and attorney’s fees would be through the court’s financial recovery procedure but failed to state the amount of the fee or to advise [the defendant] of his right to a hearing to contest that amount, as required by section 938.29(5), Florida Statutes (2004) and Florida Rule of Criminal Procedure 3.720(d)(1)”); Finkelstein v....

...3.111(b)(5)(A). Additionally, a person seeking appointment of a public defender must pay a $50 application fee to the clerk. § 27.52(l)(b), Fla. Stat. (2015). 1 Payments of attorney’s fees for the services rendered by the public defender are governed by section 938.29 and by Florida Rule of Criminal Procedure 3.720. 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(l)(b), Florida Statutes. Statutory minimum fees of $50 per case for a charged misdemeanor or criminal traffic violation and $100 per case for a charged felony apply. § 938.29(l)(a)....

...As occurred in the instant case, the trial court may exercise discretion to impose a public defender fee that exceeds the statutory minimum. But the imposition of a public defender fee can only occur “upon a showing of sufficient proof of higher fees or costs incurred.” § 938.29(l)(a)....

...a reasonable hourly rate or the amount of time spent by the public defender on the case,” and “the court must make factual findings of ‘higher fees or costs *83 incurred.’” See Houle v. State, 33 So.3d 822, 823 (Fla. 4th DCA 2010) (quoting § 938.29(l)(a))....

...within 7 days after submitting the application.” If the fee is not paid prior to the disposition of the case, the clerk shall notify the court and the court shall either assess the application fee "as part of the sentence or as a condition of probation” or "pursuant to s. 938.29.” Id.

...when a felony offense is charged, as is the case here. However, we agree with Maestas that the $400 public defender fee was erroneously imposed because the trial court failed to make factual findings warranting the imposition of the additional $300. § 938.29, Fla....

...er section 322.28(4)(a), and we affirm. By contrast, we reverse the trial court's imposition of a lien for public defender fees. The trial court was obligated to assess appellant at least $100 in fees and costs because she was convicted of a felony. § 938.29(1)(a), Fla....

...inquent child. Restitution ordered may not exceed an amount the child and the parent or guardian reasonably can be expected to make or pay. And, parents or guardians who are not indigent can be ordered to pay for attorney's costs, as provided for in section 938.29....

...Julia Andino Bruno appeals judgments for resisting arrest with violence and battery on a law enforcement officer. We affirm Ms. Bruno's judgments and sentences with the exception of the "monetary obligations order" requiring Ms. Bruno to pay $300 in attorneys' fees for the services *908 of the public defender pursuant to section 938.29(1), Florida Statutes (2005). The circuit court imposed this obligation without complying with the procedures required by section 938.29(5) and Florida Rule of Criminal Procedure 3.720(d)(1). Ms. Bruno preserved this issue for appeal by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). In ruling on this motion, the circuit court's order acknowledged that the provisions of section 938.29(5) and rule 3.720(d)(1) had not been followed....

...t. See Ayoub v. State, 901 So.2d 311 (Fla. 2d DCA 2005). On remand, the court may again impose this cost if it complies with the statute. See id. The court orally announced the imposition of an $800 fee for the public defender's services pursuant to section 938.29, Florida Statutes (2002), which authorizes the fee and grants the state a lien to secure its payment. The imposition of this fee is mandatory, see Cook v. State, 896 So.2d 870 (Fla. 2d DCA 2005), but the statute requires the court to give notice and an opportunity for the defendant to object to the amount, see § 938.29(6)....

...aring to contest the amount of the lien. Florida Rule of Criminal Procedure 3.720(d)(1) provides that a defendant must be advised at the time of sentencing of his right to a hearing to contest the amount of any public defender lien imposed. See also § 938.29(5), Fla....

...ence. See Gunn v. State, 818 So.2d 681 (Fla. 4th DCA 2002). The trial court may again impose this cost if it complies with sections 938.21 and 938.23. A different result is required, however, for the $100 public defender fee. This fee is governed by section 938.29, Florida Statutes (2003), which provides: A defendant determined to be guilty of a criminal act by a court or jury or through a plea of guilty or nolo contendere and who has received the assistance of the public defender's office ... shall be liable for payment of attorney's fees and costs. The court shall determine the amount of the obligation. Section 938.29(6) and Florida Rule of Criminal Procedure 3.720(d) establish a procedure for the trial court to follow in determining the value of the services of the public defender. [3] In this case, contrary to Mr. Cook's contention, the trial court properly followed the procedure required in imposing this cost. See Fla. R. Crim. P. 3.720(d); Woods v. State, 879 So.2d 651, 653 (Fla. 5th DCA 2004). Pursuant to section 938.29, there is no requirement that the court determine the defendant's ability to pay a public defender's fee prior to imposing this cost. See also Bull v. State, 548 So.2d 1103, 1105 (Fla.1989) (stating that section 27.56, predecessor to section 938.29, "provides for the assessment of fees and costs as a matter of law....

...to impose a discretionary cost, but case law does not mandate that consideration. We reverse that portion of the sentence imposing the $100 cost for the Hillsborough County Drug Fund. The trial court shall strike this cost from the sentence. Because section 938.29 does not require the court to consider the defendant's ability to pay the public defender fee, we find no error in the court's imposition of the $100 fee without considering Mr....

...Cook preserved the sentencing errors by filing a timely motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). [3] We note that rule 3.720(d) continues to refer to section 27.56, Florida Statutes (1995). In 1997, section 27.56 was amended and renumbered as section 938.29....

.... Accordingly, we reverse and remand for resentencing on this issue. We affirm on all other sentencing issues raised in this appeal, but reverse the trial court’s imposition of a lien for indigent defense fees above the $100 minimum allowed under section 938.29(l)(a), Florida Statutes (2015), because the trial court did not give appellant notice of his right to a hearing to contest the amount of the lien and make factual findings supporting the higher amount of fees....

...t address the $1500 public defender fee. Florida Rule of Criminal Procedure 3.720(d)(1) provides that a defendant must be advised at the time of sentencing of his right to a hearing to contest the amount of any public defender lien imposed. See also § 938.29(5), Fla....

...inquent child. Restitution ordered may not exceed an amount the child and the parent or guardian reasonably can be expected to make or pay. And, parents or guardians who are not indigent can be ordered to pay for attorney's costs, as provided for in section 938.29....

...Dadds argues that the trial court failed to pronounce the statutory basis for the imposition of a $300 public defender fee. The trial court orally pronounced a $300 fee "for the help of your lawyer." Mr. Dadds agreed that the amount was reasonable. The trial court's monetary obligations order cites section 938.29, Florida Statutes (2004), as authority for this fee....

...2d DCA 2005) (holding that identifying cost by name is sufficient description to substitute for statutory citation but directing that future cost orders should include proper statutory citations); Cook v. State, 896 So.2d 870, 872 (Fla. 2d DCA 2005) (explaining procedure involved in imposing attorney's fees under section 938.29)....

...atutes (2001), for the Crime Stoppers Trust Fund. We reverse imposition of a public defender's fee, and the lien securing its payment, because the trial court failed to advise appellant of his right to a hearing to contest the amount, as required by section 938.29(6), Florida Statutes (2001), and Florida Rule of Criminal Procedure 3.720(d)(1) (2002)....

...ming the remaining issues without discussion. Finkelstein argues that the trial court erred in imposing these costs without first determining his ability to pay. We agree, reverse the imposition of these costs and remand for an evidentia-ry hearing. Section 938.29(5), Florida Statutes (1997), which controls the award of public defender’s fees, requires the trial court to give the defendant the opportunity to be heard and object to the imposition of public defender fees....

...Although the record is not clear, it appears that the supplemental fees ordered in Case Number 00-1280 were ordered paid as a condition of the probation in Case Number 00-1258. What is clear, however, is that rather than issuing a civil lien pursuant to section 938.29(2), Florida Statutes (2002), the trial court attempted to make payment of the supplemental fees a part of Woods' criminal sentence....

...5th DCA 2002). Therefore, the trial court could order payment of the additional fees at the time Woods was sentenced for violating his probation provided the pertinent rule and statute governing awards of public defender fees were complied with. See § 938.29, Fla....

...The Committee Notes appended to rule 3.720 state that this thirty-day rule "is designed to complete all lien requirements established by section 27.56, Florida Statutes, before defendants are removed from the jurisdiction of the trial court." Similarly, section 938.29(6), Florida Statutes (2002) (formerly section 27.56, Florida Statutes), [2] provides: *654 The court having jurisdiction of the defendant-recipient may, at such stage of the proceedings as the court may deem appropriate, determine the...

...ed the procedures and rights provided in the laws and court rules pertaining to civil cases at law. This court has held that reversal is required if the trial court orders payment of public defender fees without proper compliance with rule 3.720 and section 938.29....

...State, 548 So.2d 1103, 1105 (Fla.1989) ("The assessment of fees and costs and the imposition of a lien is a civil proceeding which is reduced to a civil judgment. Further, enforcement of the lien is also a civil proceeding by the county, not a criminal prosecution by the state."). However, pursuant to section 938.29(1)(c), Florida Statutes (2002), the trial court elected to make payment of the supplemental fees a condition of Woods' probation....

...es a part of the criminal sentence by requiring payment as a condition of probation and express no opinion regarding instances where the trial court simply issues a civil judgment for the fees. We also note, parenthetically, that the 2002 version of section 938.29(1)(a), which is applicable in the instant case, was amended in 2003 to eliminate the requirement that the assessment of the fees be made at the sentencing hearing. § 938.29(1)(a), Fla....

...FULMER, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur. NOTES [1] McMillan preserved his challenge to the fee and charges by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which the trial court granted in part and denied in part. [2] Section 938.29(5), Florida Statutes (2006), also provides that when a trial court determines the value of the public defender's service, the defendant "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." [3] Section 27.56 was renumbered as section 938.29 in 1997....

...The trial court denied appellant's motion for relief from judgment assessing costs and imposing a lien. Following his conviction, the trial court assessed costs against appellant pursuant to section 27.56. 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 any defendant who has been determined to be guilty of a criminal act by a court or jury or through a plea of guilty or nolo contendere and who has re...

...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, or from any conflict attorney; or ... (Emphasis added). Appellant argues that a plain reading of section 938.29, Florida Statutes (1997), *605 does not give the trial court authority to assess costs against a defendant who was represented by a privately retained attorney and impose a lien against his property....

...e meaning, there is no need to resort to the rules of statutory interpretation and construction; the statute is given its plain and obvious meaning. McLaughlin v. State, 721 So.2d 1170, 1172 (Fla. 1998); Holly v. Auld, 450 So.2d 217, 219 (Fla.1984). Section 938.29 is clear and unambiguous....

...A trial court retains jurisdiction to assess fees and costs after a notice of appeal has been filed, even where the trial court did not expressly reserve jurisdiction to do so. Wyatt v. State, 652 So.2d 453 (Fla. 4th DCA 1995). Although the trial court had jurisdiction to consider a motion to assess costs and impose a lien, section 938.29, Florida Statutes (1997), does not authorize the assessment of costs under the facts of this case....

...n it is orally imposed. Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013) (“[T]he Public Defender fee should be struck because the trial court did not advise Appellant of his right to contest the fee when it *682 was orally imposed.” (citing § 938.29(5), Fla....

...However, we reverse the imposition of certain costs. [1] At sentencing, the trial court orally announced the imposition of a $40 fee for the services of the public defender. However, *472 the sentencing document reflects that Nash was assessed $425 for attorney's fees and $40 for costs pursuant to section 938.29(1)(a), Florida Statutes (2005). Section 938.29(5) requires the trial court to give notice and an opportunity for a defendant to object to the amount of an attorney's fee and cost assessment....

...After a thorough review of the record, we have found no reversible error and affirm Mr. Swift’s judgments and sentences. However, we agree with Mr. Swift’s contention that the trial court erred in imposing certain costs under sections 938.05(1) and 938.29(l)(a), Florida Statutes (2008), as he asserted in a timely motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)....

...With respect to the imposition of a $100 public defender fee, Mr. Swift is also correct that under the applicable version of the statute, he would only be liable for such fee if the trial court pronounced it at sentencing and informed him of his right to contest the amount at a hearing. See § 938.29(l)(a), Fla....

...d these costs. Fisher v. State, 697 So.2d 1291, 1292 (Fla. 1st DCA 1997). Finally, the state properly concedes that that the Public Defender fee should be stricken because the trial court did not advise Vaughn of his right to contest the amount. See § 938.29(5), Fla....

...ounced at the sentencing hearing; the $50 prosecution investigative costs imposed pursuant to section 938.27 because there was no evidence that the costs had been requested by the State; and the $100 indigent legal assistance fee imposed pursuant to section 938.29(1) because Appellant was not given notice of his right to challenge the amount of the fee....

.... Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed.”). The State concedes these charges must be stricken. The trial court also imposed a $250 public defender representation fee pursuant to section 938.29(1)(a), as well as $2,5247.79 for prosecution costs pursuant to section 938.27(8)....

...The holding in this section of this opinion will not apply to costs imposed under section 939.185 for offenses committed on or after July 1, 2004. III. THE PUBLIC DEFENDER LIEN The trial court imposed an $800 public defender lien without giving Mr. Waller notice of the lien and the opportunity to be heard. See § 938.29(6), Fla....

...The appellant also challenges the imposition of certain costs in connection with that conviction, and as the state acknowledges, several of the costs were imposed improperly. Among other costs, the court imposed a $150 charge for the Public Defender fee, under section 938.29, Florida Statutes. However, it does not appear that the appellant was given notice and an opportunity to be heard on this charge, as required under section 938.29(5)....

...y authorized amount. Accordingly, we strike the imposed crime lab costs and remand for imposition of the statutorily authorized amount of $100. On the fee issue, the imposed public defender fee exceeded the statutorily authorized amount of $100. See § 938.29(1)(a), Fla. Stat. (2014). As such, the fee was discretionary and the court *701 was required to inform the defendant of his right to contest the amount. See § 938.29(5), Fla....

...t child. Restitution • ordered may not exceed an amount the child and the parent or guardian reasonably can be expected to make or pay. And, parents or guardians who are not indigent can be ordered to pay for attorney’s costs, as provided for in section 938.29....

...First, under section 27.52(l)(b), Florida Statutes (2010), 2 indigent convicts represented by *986 public defenders are liable for a uniform, mandatory application fee: “An applicant shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed.” Id. Second, under section 938.29, Florida Statutes (2010), 3 attorney’s fees and costs must be assessed against indigent convicts in amounts that may vary depending on the case, but cannot be less than $100 in a felony case or $50 in a misdemeanor case. Ever since the Legislature amended section 938.29 by “providing that certain defendants are liable for the application fee to determine indigent status for purposes of appointing counsel,” “prescribing minimum attorney’s fees and costs related to representation in criminal eas...

...he defendant was not given an opportunity to contest the amount of the lien. See, e.g., Chestnut v. State, 145 So.3d 198, 194 (Fla. 1st DCA 2014) (remanding with directions either to strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), or to give the defendant an opportunity to contest the lien); Youman v. State, 112 So.3d 693, 694 (Fla. 1st DCA 2013) (striking a $100 indigent legal assistance lien imposed under section 938.29(l)(a), Florida Statutes (2008) without informing the defendant of his right to contest the amount of the lien, as required by section 938.29(5), Florida Statutes and Florida Rule of Criminal Procedure 3.720(d)(1)); G.D. v. State, 42 So.3d 327, 327-28 (Fla. 2d DCA 2010) (reversing the public defender’s fee imposed pursuant to section 938.29, Florida Statutes (2008), because “[although imposition of the fee is mandatory, the statute requires the trial court to give the defendant notice and an opportunity to object to the amount” (citation omitted))....

...We now sit en banc to escape that constraint, and “recede from our case law directly on point.” Id. When minimum fees and costs required by statute are imposed, there has been no judicial determination adverse to the defendant of the value of services the public defender has provided. See § 938.29(5), Fla....

...ic defender’s office, a special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or ... has received due process services after being found indigent for costs under s. 27.52.” § 938.29(l)(a), Fla....

...In addition, and also without regard to any hearing, such a defendant shall “be liable for payment of the assessed application fee under s. 27.52.” The Legislature requires that this $50 application fee be assessed as part of the sentence pursuant to section 938.29, if not paid prior to disposition of the case. §§ 938.29(l)(a); 27.52(l)(b), Fla. Stat. In sum, reconsidering the question en banc, we recede from any and all decisions holding that sections 938.29(1) and 27.52, Florida Statutes, as amended effective July 1, 2008, require notice and hearing before imposition of a minimum public defender’s lien, i.e., $150 in felony cases or $100 in misdemeanor cases....

...If the applicant does not pay the fee prior to the disposition of the case, the clerk shall notify the court, and the court shall: *986 1. Assess the application fee as part of the sentence or as a condition of probation; or 2. Assess the application fee pursuant to s. 938.29. . Effective July 1, 2008, section 938.29(1), Florida Statutes, was amended to provide, as follows: (l)(a) A defendant who is convicted of a criminal act ......

...Both costs [here the application fee and the indigent assistance fees and costs] represent the minimum costs mandated by the applicable statutes and Appellant ha[d] constructive notice of their existence.” Harrison v. State, 146 So.3d 76, 78 (Fla. 1st DCA), review denied, 153 So.3d 909 (Fla.2014). .Prior to July 1, 2008, section 938.29, Florida Statutes, provided that a "defendant determined to be guilty of a criminal act ... who has received the assistance of the public defender’s office ... shall be liable for payment of attorney’s fees and costs.” § 938.29(l)(a), Fla. Stat. (2007). The trial court was required to "determine the value of the services of the public defender” and the defendant was afforded an "opportunity to be heard and offer objection to the determination.” § 938.29(5), Fla. Stat. (2007). See also Fla. R. Crim. P. 3.720(d)(1) ("If the accused was represented by a public defender or other court appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29, Florida Statutes....

...With respect to the imposition of public defender’s fee and costs under the statute before its 2008 amendment, a defendant "would only be liable for such fee if the trial court pronounced it at sentencing and informed him of his right to contest the amount at a hearing. See § 938.29(l)(a), Fla....

...State, 944 So.2d 1226, 1227 (Fla. 4th DCA 2006) (reversing public defender’s fee and remanding "with instructions to the trial court to give Finkelstein notice of his right to a hearing on the matter and to schedule a hearing if one is requested,” as required by section 938.29(5), Florida Statutes (1997))....

...If the child and the parents (or other legal guardian) are unable to employ private counsel, the court is required to appoint counsel to represent the child. Significantly, section 985.033(1) expressly makes the costs of representation provisions set forth iii section 938.29 applicable to juvenile delinquency 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 guilty of a criminal act and who has received the assistance of the public defender’s office shall be liable for payment of attorney’s fees. The court is required to impose the attorney’s fees “notwithstanding the defendant’s present ability to pay.” § 938.29(l)(b), Fla. Stat. (2009). Furthermore, the court is expressly authorized to make payment of attorney’s fees a condition of probation. § 938.29(l)(c)....

...State, 840 So.2d 1162 (Fla. 5th DCA 2003); Colonel v. State, 723 So.2d 853 (Fla. Sd DCA 1998). We conclude that section 985.19(1)(b) fails to expressly authorize the assessment of competency evaluation costs against an indigent juvenile. The State next argues that section 938.29 supports the assessment of these costs against W.Z....

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

...1st DCA 2012) (citing Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011)). The State also correctly concedes that the Public Defender fee should be struck because the trial court did not advise Appellant of his right to contest the fee when it was orally imposed. See § 938.29(5), Fla....

...In fact, the Department of Children and Family Services is responsible for all costs. § 394.929, Fla. Stat. Although a defendant is entitled to counsel, and the court is required to appoint counsel, there is no provision for a lien for repayment, as there is upon a criminal conviction. See § 938.29, Fla....

...2d DCA 2005), and concluded that an inquiry into a defendant's financial resources is discretionary with the court. In Cook, this court held that imposing a public defender fee without considering the defendant's financial resources is proper because section 938.29, Florida Statutes (2003), does not require consideration of a defendant's ability to pay....

...2d DCA 2010). With respect to the Public Defender/Regional Conflict Counsel Fees, the fees were not announced at sentencing and the appellant was not advised of his right to a hearing to contest the amount of the fees. See Fla. R.Crim. P. 3.720(d)(1); § 938.29(5), Fla....

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

...pport a reversal if it is omitted. Here, no one was confused or misled about the costs at issue, even though the preprinted form did not contain the numerical statutory citation. The trial court imposed public defender's fees and costs authorized by section 938.29, Florida Statutes (2000)....

...If the child and the parents (or other legal guardian) are unable to employ private counsel, the court is required to appoint counsel to represent the child. Significantly, section 985.033(1) expressly makes the costs of representation provisions set forth in section 938.29 applicable to juvenile delinquency proceedings: Determination of indigence and costs of representation shall be as provided by ss. 27.52 and 938.29. Pursuant to section 938.29(1)(a), Florida Statutes (2009), a defendant who has been determined to be guilty of a criminal act and who has received the assistance of the public defender's office shall be liable for payment of attorney's fees. The court is required to impose the attorney's fees "notwithstanding the defendant's present ability to pay." § 938.29(1)(b), Fla. Stat. (2009). Furthermore, the court is expressly authorized to make payment of attorney's fees a condition of probation. § 938.29(1)(c)....

...State, 840 So.2d 1162 (Fla. 5th DCA 2003); Colonel v. State, 723 So.2d 853 (Fla. 3d DCA 1998). We conclude that section 985.19(1)(b) fails to expressly authorize the assessment of competency evaluation costs against an indigent juvenile. The State next argues that section 938.29 supports the assessment of these costs against W.Z....

...The trial court accepted Youman’s pleas in all six cases and imposed sentences in accordance with the terms of the plea agreement. Youman filed a timely Florida Rule of Criminal Procedure 3.800(b)(2) motion challenging the imposition of the $100 cost for indigent legal assistance pursuant to section 938.29(l)(a), Florida Statutes, and the $20 court cost imposed pursuant to section 938.06(1), Florida Statutes, in all six cases....

...Anders counsel argues that, because the trial court imposed the $100 cost without informing Youman of his right to contest the amount of the lien, this cost must be stricken from the judgments in 1D12-2470 and 1D12-2472, and the case remanded for appropriate procedures. We agree. See § 938.29(5), Fla....

...State, 109 So.3d 232 (Fla. 1st DCA 2013) (rehearing en banc) (finding no error in imposing the $20 court cost pursuant to section 938.06, as amended, effective July 1, 2010). Accordingly, we strike the $100 indigent legal assistance lien imposed under section 938.29(l)(a), Florida Statutes, and the $20 court cost imposed under section 938.06(1), Florida Statutes (2008), in 1D12-2470 and 1D12-2472, and remand for correction of the sentencing errors....

...Ronald White appeals his judgments and sentences for fleeing or attempting to elude a law enforcement officer and driving with a suspended driver's license. We affirm his judgments and sentences without comment except as to the public defender fees imposed under section 938.29(1)(a), Florida Statutes (2006)....

...We affirm appellant’s conviction for failure to "register as a sex-offender and his sentence,"except for the trial court’s - imposition of the $300 public defender fee. The trial court failed to make factual findings warranting the imposition of the additional $300. § 938.29, Fla....

...We affirm Appellant’s convictions and sentences except as to the assessment of the public defender fee. We reverse the trial court’s assessment of $500 for public defender fees. The trial court was obligated to assess Appellant at least $100 in fees and costs because he was convicted of a felony. § 938.29(l)(a), Fla....

...a denial of the motion). Dabel appeals the trial court’s de facto denial of his motion to correct sentencing error and argues that the public defender attorney’s fees ($300) and the public defender application fee ($50) should be reversed. Both section 938.29(5), Florida Statutes (2007), and Florida Rule of Criminal Procedure 3.720(d)(1) required that a *875 defendant receive notice before a trial court can impose public defender attorney’s fees....

...4th DCA 2009), this court addressed the requirement that the defendant be informed of his right to contest the amount of the public defender attorney’s fees being assessed against him. While clearly addressing public defender attorney’s fees under section 938.29(5) and Florida Rule of Criminal Procedure 3.720(d), occasionally this court used the imprecise term “fees,” which could be read to encompass the public defender application fee as well. To clarify, the notice requirement discussed in Smith and appearing in section 938.29(5) and rule 3.720(d), applies to public defender attorney’s fees only....

...Reversed and remanded in part and affirmed in part. HAZOURI and LEVINE, JJ., concur. . Dabel does not contest the costs of prosecution imposed by the trial court. . In 2008, after Dabel requested a public defender in this case, the legislature amended section 938.29(l)(a), so that it now sets a minimum public defender attorney's fee that must be imposed in every case ($50 for misdemeanors and $100 for felonies)....

...ourt erred in denying his motion for dismissal at the conclusion of the evidence portion of the trial. As to that issue, we affirm without further discussion. A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.29, Florida Statutes (2009), in the amount of $150. We agree. It is clear that section 938.29 does not authorize the imposition of costs of prosecution in delinquency cases, and the State concedes that imposition of these costs is error....

...or reversible error occurred in the trial court, except for two minor sentencing errors that were raised in rule *194 3.800(b)(2) motions but were not corrected by the trial court: (1) the imposition of the $100 indigent legal assistance lien under section 938.29, Florida Statutes (2009), in the new law violation case without giving Chestnut the opportunity to contest the lien; and (2) the failure to enter a written probation revocation order....

...Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence)....

...Because the fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of the fine, must also be reversed. 3 See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012). We also strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes, as the appellant was not provided with notice or advised of his right to contest this amount....

...arges striking these amounts. See Nix v. State, 84 So.3d 424 , 426 n. 2 (Fla. 1st DCA 2012). We further find the trial court erred by imposing the legal assistance lien of $100 without first advising Appellant of his right to contest the amount. See § 938.29(5), Fla....

...In the amended judgment and sentence, the trial court imposed the fee as a lien. The procedures and procedural safeguards associated with imposing and enforcing a lien for public defender fees are provided by statute, by the rules of criminal procedure, and by case law. E.g., § 938.29, Fla....

...(2002) (detailing the services subject to the fee and providing the procedure for imposing a lien); Fla. R.Crim. P. 3.720(d)(1) (requiring that the defendant receive notice of his right to object to the amount of the fee within thirty days; referring to section 938.29 by its old statutory number, section 27.56, see ch....

...the contact information screen is available for cross-examination. Finally, as the state concedes, it was error to impose a $400 public defender fee without giving Henry notice of his right to a hearing and without making factual findings to support fees in excess of $100. See § 938.29(1)(a), Fla....

...findings under section 948.06(8)(e) when imposing its sentence.” Barber, 207 So. 3d at 385. Next, appellant correctly argues, and the state concedes, that we should reverse the trial court’s imposition of a public defender fee in excess of the $100 minimum under section 938.29(1)(a), Florida Statutes (2015), which was done without notice and a hearing, and without factual findings supporting the higher amount of fees....

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

...Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order. $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence)....

...ice. Florida Rule of Criminal Procedure 3.720(d)(1) provides: If the accused was represented by a public defender or other court appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29, Florida Statutes....

...The filing of the rule 3.800(b)(2) motion preserved the errors raised therein for our review. See Jackson, 983 So. 2d at 571. Gedehomme challenges that he was not given an opportunity to request a hearing regarding the cost for his public defender. See § 938.29, Fla....

...mand for further proceedings. During Thiemann's sentencing, the trial court orally announced the imposition of $100 in costs for the public defender, yet the written final judgment assessed $500 for public defender attorney's fees in accordance with section 938.29(1)(a), Florida Statutes (2007)....

...1396 , 18 L.Ed.2d 493 (1967), of a judgment and sentence for burglary of an occupied dwelling and grand theft of a motor vehicle. We affirm Appellant’s convictions without discussion. However, as the State correctly concedes, the trial court erred in imposing a $300 public defender lien pursuant to sections 27.562 and 938.29, Florida Statutes, a $200 fine pursuant to section 775.083(1), Florida Statutes, and a $10 surcharge pursuant to section 938.04, Florida Statutes, without giving Appellant notice and an opportunity to be heard. See § 938.29(1)(a), Fla....

...(2014) (mandating a $50 application fee); § 775.083(1), Fla. Stat. (2014) (authorizing the imposition of fines); § 938.04, Fla. Stat. (2014) (providing for a court cost of a five-percent surcharge); Odom v. State, 187 So.3d 324, 325 (Fla. 1st DCA 2016) (explaining that “[p]ursuant to sections *641 938.29(1)(a) and 27.52, the Legislature has required the imposition of a minimum fee of $100 for- the assistance of the public defender’s office and a $50 application fee....

...contends, and we think rightly so, that because no inquiry was made as to the attorney's hourly rate or amount of time spent on the case, the lien is improper. The Legislature has bestowed upon the courts the responsibility to determine the value of services rendered by a public defender to a criminal defendant. See § 938.29(1)(a), Fla....

.... and who has received the assistance of the public defender's office, a special assistant public defender, or a conflict attorney shall be liable for payment of attorney's fees and costs. The court shall determine the amount of the obligation."); § 938.29(5), Fla....

...and “Cost of Defense” do not apply to noncriminal municipal ordinance violations. 1 The State conceded error to a majority of the costs disputed by Currington leaving only section 938.06, Florida Statutes (2024), “Cost for Crime Stoppers Programs,” and section 938.29, Florida Statutes (2024), “Cost of Defense” in dispute. Crime Stoppers ($20) applies to “any criminal offense,” pursuant to section 938.06. Cost of Defense ($50) applies to “a criminal act or a violation of probation or community control,” pursuant to section 938.29....

...trial court’s determination of the elements of a criminal offense[.]” Id. at 1004. Based on the precedent of this Court, a violation of Miami Beach ordinance 82-2 is a criminal act subject to the costs of section 938.06, “Crime Stoppers,” and section 938.29, “Cost of Defense.” Upon review of the record and the State’s partial concession of error, we affirm in part the judgment as to $138 in costs and reverse in part and remand for the sole purpose of striking the remaining...

...Public defender's fee Mr. Alcantara-Menjivar also contends that the trial court erred by imposing $1,000 in costs for the public defender's fee. The State concedes that the cost was improperly imposed without notice or an opportunity to contest it. See § 938.29(5), Fla....

...(2024) (requiring "adequate notice" and the "opportunity to be heard" with respect to the public defender's fee). We agree with Mr. Alcantara-Menjivar's argument and the State's concession. In resentencing Mr. Alcantara-Menjivar on remand, the court shall comply with the due process requirements of section 938.29(5). 4  Judgment affirmed; sentence reversed; remanded with instructions. VILLANTI and SMITH, JJ., Concur. __________________________ Opinion subject to revision...

...inst him, which was in addition to the $50 public defender application fee. Appellant alleges the trial court failed to advise him of his right to challenge the fee, which exceeded the minimum fee required by statute. We agree. Pursuant to section 938.29(1)(a), Florida Statutes (2014), attorney’s fees and costs for a convicted defendant who received the assistance of the public defender’s office should be “no less than $100 per case when a felony offense is charged.” However...

...the court determines the value of the public defender’s services, the defendant receives “adequate notice thereof” and is afforded the “opportunity to be heard and offer objection to the determination, and to be represented by counsel.” § 938.29(5), Fla....

...e license is cancelled, suspended or revoked — second conviction. However, we conclude, and the State properly concedes, the trial court erred by imposing a Public Defender lien of $150 without providing Appellant an opportunity to contest it. See § 938.29(5), Fla....

...These costs, which were assessed against appellant in the written order of sentence, are therefore improper. See Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011). Further, because appellant was not given the opportunity to contest the public defender fee, it too was erroneously assessed. See § 938.29(5), Fla....

...If the court wishes to reimpose the fine and surcharge on remand, it may do so after providing the requisite notice and opportunity to be heard. Id. Similarly, Trusty challenges a $300.00 appointed attorney lien payment assessment. While section 938.29, Florida Statutes, mandates a legal assistance lien assessment of “no less than $100 per case when a felony offense is charged,” and authorizes a higher amount “upon a showing of sufficient proof of higher fees or costs incurr...

...Thus, this assessment was unauthorized and 3 must be stricken. See, e.g., Renaud v. State, 660 So. 2d 408, 408 (Fla. 1st DCA 1995) (remanding with directions to strike unauthorized cost). Finally, Trusty challenges a $50.00 fine imposed for the Drug Abuse Trust Fund. While section 938.298 authorizes such a fine in cases involving certain alcohol or drug offenses, and section 893.165 provides for those fines to go toward Drug Abuse Trust Funds established at the county level, Trusty was not convicted of one of these offenses....

...We agree with Gomez Marin and reverse on this issue. A convicted defendant represented by the public defender’s office, office of criminal conflict and civil regional counsel, or a private conflict attorney is liable for attorney’s fees and costs. § 938.29(1)(a), Fla....

...14 would pay for this type of case—not on the number of hours counsel spent and his reasonable hourly rate. No invoices or bill records were presented and no evidentiary hearing was conducted. This was truly arbitrary and contrary to section 938.29, Florida Statutes. Even so, the State points us to section 27.5304, Florida Statutes, to justify the fee....

...ourt erred in denying his motion for dismissal at the conclusion of the evidence portion of the trial. As to that issue, we affirm without further discussion. A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.29, Florida Statutes (2009), in the amount of $150. We agree. It is clear that section 938.29 does not authorize the imposition of costs of prosecution in delinquency cases, and the State concedes that imposition of these costs is error....

...preserved this issue for review by filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). His motion was deemed denied when the trial court took no action on it within sixty days. We find merit in this issue and reverse the public defender fee. Section 938.29, Florida Statutes (2008), authorizes the assessment of a public defender fee and grants the state a lien to secure its payment. Although imposition of the fee is mandatory, see Cook v. State, 896 So.2d 870 (Fla. 2d DCA 2005), the statute requires the trial court to give the defendant notice and an opportunity to object to the amount. See § 938.29(5)....

...In response to a rule 3.800(b)(2) motion and on appeal, the state agrees that this was error and that the written judgment should reflect the court’s pronouncement. Appellate counsel also pointed out that Smith was not informed of his right to a hearing to contest the amount of fees. § 938.29(5), Fla....

...s in prison and imposed a $400 public defender fee. 1 Davis moved to correct the public defender fee amount under Florida Rule of Criminal Procedure 3.800(b)(2), and asked the trial court to strike the $400 fee and impose the $100 fee required under section 938.29(1)(a), Florida Statutes (2018), or hold a 1 Davis does not dispute the $50 public defender application fee. § 938.29(1)(a), Fla....

...We agree. “[T]he imposition of a public defender fee that exceeds the statutory minimum can only occur ‘upon a showing of sufficient proof of higher fees or costs incurred.’” Alexis v. State, 211 So. 3d 81, 82 (Fla. 4th DCA 2017) (quoting § 938.29(1)(a))....

...suant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). We affirm the appellant’s judgment and sentence with the exception of certain costs imposed. We strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), because the trial court did not give the appellant notice of the lien or his right to a hearing to contest the amount....

...contends, and we think rightly so, that because no inquiry was made as to the attorney’s hourly rate or amount of time spent on the case, the lien is improper. The Legislature has bestowed upon the courts the responsibility to determine the value of services rendered by a public defender to a criminal defendant. See § 938.29(l)(a), Fla....

...and who has received the assistance of the public defender’s office, a special assistant public defender, or a conflict attorney shall be liable for payment of attorney’s fees and costs. The court shall determine the amount of the obligation.”); § 938.29(5), Fla....

...These costs, which were assessed against appellant in the written order of sentence, are therefore improper. See Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011). Further, because appellant was not given the opportunity to contest the public defender fee, it too was erroneously assessed. See § 938.29(5), Fla....

...At the sentencing hearing, the trial court had told Migliore that court costs and attorney’s fees would be through the court’s financial recovery procedure but failed to state the amount of the fee or to advise Migliore of his right to a hearing to contest that amount, as required by section 938.29(5), Florida Statutes (2004) and Florida Rule of Criminal Procedure 3.720(d)(1)....

...not designated, the purpose for these assessments is evident. Both costs represent the minimum costs mandated by the applicable statutes and Appellant has constructive notice of their existence. § 938.27(8), Fla. Stat. (2011) (cost of prosecution); § 938.29(l)(a), Fla....

...The final sentencing error asserted by Anders counsel involves the trial court’s failure to inform Appellant of his right to a hearing to dispute the amount of the indigent legal assistance lien created by the imposition of the mandatory, minimum cost of defense. Section 938.29(5), Florida *79 Statutes (2011), specifically provides that the defendant shall receive “notice and the opportunity to be heard and offer objection” to the trial court’s determination of the value of the public defender’s services....

...1st DCA 2012) (“The 2008 amendments to [the cost of prosecution statute] created mandatory minimum costs for the state attorney and removed the trial court’s discretion to impose these costs.”). 2 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(1) to impose a “higher amount upon a showing of sufficient proof of higher fees or costs incurred.” While the State’s argument has appeal based on logic and sound legal reasoning, we are not at liberty to recede from our case law...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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