Florida Statute 938.29 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.29

938.29 Legal assistance; lien for payment of attorney’s fees or costs.—

(1)(a) A defendant who is convicted of a criminal act or a violation of probation or community control and who has received the assistance of the public defender’s office, a special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or who has received due process services after being found indigent for costs under s. 27.52, shall be liable for payment of the assessed application fee under s. 27.52 and attorney’s fees and costs. Attorney’s fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. For purposes of this section, “convicted” means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. The court shall include these fees and costs in every judgment rendered against the convicted person.

(b) Upon entering a judgment of conviction, the defendant shall be liable to pay the attorney’s fees and costs in full after the judgment of conviction becomes final. The court shall impose the attorney’s fees and costs notwithstanding the defendant’s present ability to pay.

(c) The defendant shall pay the application fee under s. 27.52(1)(b) and attorney’s fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorney’s fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. All funds collected under this section shall be distributed as provided in s. 27.562.

(2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who:

1. Has received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal conflict and civil regional counsel, or from any private conflict attorney, or who has received due process services after being found indigent for costs; or

2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counsel, or by a private conflict attorney, or who is receiving or has received due process services after being found indigent for costs.

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

(b) A judgment showing the name and residence of the defendant-recipient or parent shall be recorded in the public record, without cost, by the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court of the county in which assistance was rendered. The lien against a parent shall remain in force notwithstanding the child becoming emancipated or the child reaching the age of majority.

(3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney’s fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorney’s fees or costs or of any unpaid portion thereof.

(4) No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent liable for payment of attorney’s fees or costs be denied any of the protections afforded any other civil judgment debtor.

(5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.

History.—s. 3, ch. 63-410; s. 7, ch. 67-539; s. 1, ch. 72-41; s. 1, ch. 77-264; s. 2, ch. 77-378; s. 10, ch. 79-400; s. 8, ch. 80-376; s. 1, ch. 83-256; s. 2, ch. 89-129; s. 142, ch. 95-147; s. 2, ch. 96-232; s. 7, ch. 97-107; s. 22, ch. 97-271; s. 128, ch. 2003-402; s. 86, ch. 2004-265; s. 61, ch. 2005-236; s. 113, ch. 2006-1; s. 29, ch. 2007-62; s. 45, ch. 2008-111; s. 33, ch. 2010-162.

Note.—Former s. 27.56.

F.S. 938.29 on Google Scholar

F.S. 938.29 on Casetext

Amendments to 938.29

Arrestable Offenses / Crimes under Fla. Stat. 938.29

Level: Degree
Misdemeanor/Felony: First/Second/Third

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

Annotations, Discussions, Cases:

Cases Citing Statute 938.29

Total Results: 20

Jordan Cayne Hutchinson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

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

Jamin Ryan Ford v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-01T00:00:00-07:00

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

Bookertee Hartfield v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: imposition of a $300 public defender fee under section 938.29(1)(a), Florida Statutes, arguing the cost was excessive…the State concedes error. We agree. Section 938.29(1)(a) provides that * At the time of Hartfield… proof of higher fees or costs incurred. § 938.29(1)(a), Fla. Stat. During the proceedings below,…making him subject to the $100 cost under section 938.29(1)(a). But the trial court imposed a higher cost

David Adam Smart v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-07T00:00:00-08:00

Snippet: of higher fees” incurred, as required by section 938.29(1)(a), Florida Statutes (2021), and the trial court…provided the defendant by court-appointed counsel. § 938.29(1)(a), Fla. Stat. (2021). A trial court may only…imposition of [the statutory lien required by] section 938.29,” and advise them of the “right to a hearing to

Rasha J. Cummings v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-30T00:00:00-07:00

Snippet: statutory minimum for a misdemeanor offense. See § 938.29(1)(a), Fla. Stat. (2021). Appellant requests we…sufficient proof of higher fees or costs incurred.” § 938.29(1)(a), Fla. Stat. (2021). However, an “award of… section 2 938.29(1)(a), Florida Statutes (2021), or to impose a

TERRY TYRONE PULLEN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-09T00:00:00-07:00

Snippet: of higher fees” incurred as required by section 938.29(1)(a), Florida Statutes (2020). The defendant…provided the defendant by court- appointed counsel. § 938.29(1)(a), Fla. Stat. (2020). A trial court may only

ROBERDD DOUCHARD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-21T23:53:00-08:00

Snippet: and attorney’s fees and costs assessed under s. 938.29, subject

ROYTEZ LEONARD TAYLOR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-06T23:53:00-08:00

Snippet: Fee The minimum public defender fee is $50. § 938.29(1), Fla. Stat. (2021). This fee may be increased…sufficient proof of higher fees or costs incurred.” § 938.29(1)(a), Fla. Stat. (2021). And if the trial court

STEVEN ELLIS vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-14T00:00:00-07:00

Snippet: 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

Court: Fla. | Date Filed: 2022-07-14T00:53:00-07:00

Snippet: amendment is intended to align the rule with section 938.29, Florida Statutes (2021). See State v. J.A.R.,…imposed the statutory minimum fee under section 938.29(1)(a)). Accordingly, we amend the Florida…imposition of fees and costs pursuant to section 938.29, Florida Statutes. The amount of the lien shall

JACQUELINE RIVERA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-30T00:53:00-07:00

Snippet: Any claim of insufficient evidence under section 938.29(1)(a), Florida Statutes (2020), or lack of notice

MOISES SANCHEZ, JR. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed by the

TIMOTHY ADAM WALDING v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-03T00:53:00-07:00

Snippet: to be defense costs assessed pursuant to section 938.29, Florida Statutes (2018). That provision requires…sufficient proof of higher fees or costs incurred.” § 938.29(1)(a), Fla. Stat. (2018) (emphasis added). “[A]… an opportunity to be heard on the costs. See § 938.29(5), Fla. Stat. (2018); Alexis, 211 So. 3d at 83

PRECISION DIAGNOSTIC, INC. v. PROGRESSIVE AMERICAN INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: the court pursuant to ss. 55.141, 61.14, 938.29, and 938.30, which shall not be adjusted

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: public defender fees under sections 938.27(8) and 938.29(1), respectively. See Hogle v. State, 250 So. 3d…1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed

ROY LEE ICON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-09T00:53:00-07:00

Snippet: to support the requested amounts. Section 938.29(1)(a), Florida Statutes (2020), states that “[a…$100 per case when a felony offense is charged.” § 938.29(1)(a), Fla. Stat. (2020). “The court may set a …imposed a $100.00 public defender fee on him. See § 938.29(1)(a), Fla. Stat. (2020). However, the trial court

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

Court: Fla. | Date Filed: 2021-06-03T00:53:00-07:00

Snippet: incurred.” § 938.29(1)(a). -5- Notably, section 938.29(1)(a) does…imposed a $100 public defender fee under section 938.29, Florida Statutes (2019), see id., the minimum…the statute in cases involving felony charges. § 938.29(1)(a). The trial court did not apprise J.A.R. …imposes the minimum fee required under section 938.29(1)(a), the court need not notify the defendant …. We hold that, by its plain language, section 938.29(1)(a) does not afford a defendant the right to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-12T00:53:00-07:00

Snippet: case when charged with a felony offense. See § 938.29, Fla. Stat. (2018). 1 Although Fain involved a…battery case. See § 938.27(8), Fla. Stat. (2018); § 938.29, Fla. Stat. (2018). The trial court imposed more