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....

...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....

...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....

...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....

...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....

...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....

...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....

...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))....

...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)....

...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....

...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....

...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....

.... 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....

...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)....

...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....

...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....

...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....

...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)....

...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....

...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....

...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...

...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....

.... 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)....

...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....

...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)....

...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)....

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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)....

...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)....

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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)....

...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....

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

...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 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....

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

...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....

...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....

...2d DCA 2019); R.F. v. State, 42 So. 3d 333, 335 (Fla. 2d DCA 2010). Accordingly, we reverse the imposition of the $1 fee. Second, E.C.T. argues that the trial court erred by imposing a $100 fee for the services of the public defender pursuant to section 938.29(1)(a), Florida Statutes (2018), without providing him with notice of his right to contest the fee and an opportunity to be heard....

...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....

...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....

...defender, within provisions pertaining to the imposition of liens for services rendered by court-appointed counsel. This is in response to the creation of the Office of Criminal Conflict and Civil Regional Counsel and the inclusion of that office in section 938.29, Florida Statutes (2009). See Chapter 2007-62, § 29, Laws of Fla. (effective October 1, 2007). Rules 3.111(b)(5)(A) and 3.720(d)(1) are also amended to correct the statutory reference to section 27.56, Florida Statutes, which has been renumbered as section 938.29, Florida Statutes (2009)....

...At the hearing: (a) — (c) [No change] (d) (1) If the accused was represented by a public defender or special-assistant public defenderother court appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 27.56938.29, Florida Statutes....

...d completed. 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)....

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

...On remand, the court may set a hearing to determine the proper amount. AFFIRMED IN PART; REVERSED IN PART, REMANDED. SAWAYA and LAWSON, JJ., concur. NOTES [1] The trial court did not address the issue of the imposition of costs in the form of a public defender lien. [2] § 938.29(1)(a), Fla....

...We agree that there are no meritorious issues concerning the judgment of conviction and sentence and thus affirm the same. The trial court, though, imposed a public defender's fee without first giving the defendant notice of his right to a hearing to contest the amount. See § 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))....

...tatutes; . pay $. the Teen Court cost, under section 938.19, Florida Statutes (if authorized by county ordinance); . pay $., the Public Defender application fee, under section 27.52, Florida Statutes; . pay $. the Public Defender attorney fee, under section 938.29, Florida Statutes; ....

...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)....

...l court in the amount of $487. Of the monies confiscated and remitted to the clerk of the court, $75 was attributed to public defender attorney’s fees; however, the record is devoid of any written judgment covering such a financial obligation. See § 938.29(l)(a), Fla....

...893.13(6)(a), Florida Statutes, respectively, following his open plea of nolo contendere. Our review of the record reveals only one reversible error: the imposition in the written sentence of a $100 “Appointed Counsel Attorney Fee,” pursuant to section 938.29, Florida Statutes. The trial court failed to inform the defendant, as required by the statute, of his right to a hearing to dispute the amount of the indigent legal assistance lien created by the imposition of the cost of defense. See §938.29(1)(a) and (5), Fla....

...Richards stated that “[g]enerally, a party does not get the proverbial ‘second bite at the apple’ discretionary costs” were addressing discretionary assessments for prosecution costs and/or public defender fees under sections 938.27(8) and 938.29(1), respectively....

...we certify the following questions to be of great public importance: (1) Is the State entitled to a second opportunity to establish discretionary prosecution and public defender fees and costs established by sections 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed by the trial court upon a defendant without having been requested or properly supported at sentencing? (2) Is the State entitled to a second opportunity to establish...

...Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.  In this Anders1 appeal, we affirm Appellant’s judgment and sentence. However, we remand with instructions to enter an amended judgment reducing the public defender fee to $100. See § 938.29(1), Fla....

...ile a rule 3.800(b)(2) motion challenging the $7,306.50 in defense fees and costs. These costs were not orally pronounced, and petitioner did not have an opportunity to contest them. The entire amount appears to be defense costs assessed pursuant to section 938.29, Florida Statutes (2018)....

...That provision requires: “Attorney’s fees and costs shall be set in all cases at no less . . . than $100 per case when a felony offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred.” § 938.29(1)(a), Fla....

...3d 81, 83 (Fla. 4th DCA 2017) (quoting Mills v. State, 177 So. 3d 984, 985 (Fla. 1st DCA 2015)). The court in this case did not orally pronounce any fees or costs and petitioner was thus deprived of notice and an opportunity to be heard on the costs. See § 938.29(5), Fla....

...sentences. In effecting certain corrections requested by Gooding in his motion, the postconviction court additionally directed the clerk to add to ten of the twelve judgments and sentences the $100 attorney’s fee required for felony convictions by section 938.29(l)(a), Florida Statutes (2009, 2010)....

...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....

...da Statutes (2001); (2) the $3 juvenile assessment center cost pursuant to section 938.17, Florida Statutes (2001); (3) the $150 court facility fee pursuant to section 939.18, Florida Statutes (2001); and (4) the $800 public defender fee pursuant to section 938.29, Florida Statutes (2001)....

...2d DCA 2002); Edwards v. State, 814 So.2d 1197, 1198 (Fla. 2d DCA 2002). We also strike the $800 public defender fee. The State concedes that the trial court imposed this cost without the required notice to Mr. Meier of his right to a hearing to contest the amount. See § 938.29(6); Fla....

...(2017), and Polk County Ordinance 07-042 because the cost is not authorized when adjudication has been withheld. See F.F. v. State, 218 So. 3d 455, 456 (Fla. 4th DCA 2017). Second, we reverse the $100 assessment for costs of representation imposed pursuant to sections 938.29(1)(a), Florida Statutes (2017), and 27.52(1)(b), Florida Statutes (2017), because H.R. did not receive notice of her right to contest these costs as required by section 938.29(5)....

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

...ial court did not err in failing to require the state to select only one of the capiases for admission into evidence). ■ As to the public defender fee, we find that the first $100 must be upheld because the appellant was convicted of a felony. See § 938.29(l)(a), Fla. Stat. (2014). However, we reverse the remaining $900 because the appellant was not adequately informed that he had a right to contest that discretionary amount and because the appellant was unwittingly denied effective assistance of counsel. Section 938.29(5), Florida Statutes (2014), provides: 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 ......

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

...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....

...Florida Statutes: . pay $.the Teen Court cost, under section 938.19. Florida Statutes (if authorized by county ordinance): *310 . pav $.the Public Defender application fee, under section 27.52. Florida Statutes: . pav $.the Public Defender attorney fee, under section 938.29....

...The Anders brief identified one minor sentencing error which we write to address while affirming in all other respects. The public defender's fee imposed in this case is stricken because the trial court did not give appellant notice of his right to contest the amount of the fee. § 938.29(5), Fla....

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

...higher fees. Applying de novo review, we agree with this argument. See Escobar v. State, 308 So. 3d 174, 175 (Fla. 4th DCA 2020) (“This court reviews a motion to correct a sentencing error de novo because it presents a purely legal issue.”); § 938.29(1)(a), 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....

...Roldan v. State, 676 So. 2d 1029, 1030 (Fla. 3d DCA 1996) (finding defendant did not preserve challenge to costs where “defense counsel affirmatively indicated that he had no objection to the costs imposed”). Any claim of insufficient evidence under section 938.29(1)(a), Florida Statutes (2020), or lack of notice of the right to a hearing under Florida Rule of Criminal Procedure 3.720(d)(1) was invited error more appropriately addressed in a rule 3.850 motion....

...The legislature requires the court to assess a minimum of $100 for the public defender’s fee where a felony offense was charged. To assess a higher amount, the court must have “sufficient proof of higher fees or costs incurred.” Brinson v. State, 302 So. 3d 916, 918 (Fla. 4th DCA 2020) (citing § 938.29(1)(a), Fla....

...In this case, the hearing held in February was more than sixty days after the imposition of the original sentence. However, "[a]fter 60 days, the court no longer has jurisdiction to modify or change a sentence." State v. Nichols, 629 So.2d 970, 972 (Fla. 5th DCA 1993). Section 938.29, Florida Statutes (2003), provides for the liability of a defendant for his/her public defender fees. It further provides that the court shall determine the amount of the obligation, section 938.29(1)(a), Florida Statutes (2003), and "[u]pon entering a judgment of conviction, the defendant shall be liable to pay the costs in full after the judgment of conviction becomes final." § 938.29(1)(b), Fla. Stat. (2003). Pursuant to rules and statutes, [1] the chief judge of the circuit set the rate for public defender fees. Additionally, Administrative Order III-98-D-8 provides: 3. ASSESSMENT OF ATTORNEYS FEES AND COSTS: Pursuant to Florida Statute 938.29, 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 received the assistance of the Public Defenders office ......

...775.083, Florida Statutes (2009), without an oral pronouncement, (3) imposing a $100 surcharge on the fine pursuant to section 938.04, (4) imposing a $20 surcharge on the fine pursuant to section 938.06, and (5) imposing a $100 indigent legal assistance lien pursuant to section 938.29, without informing him of his right to a hearing to dispute the amount of the lien....

...section 775.083, Florida Statutes (2009), and the surcharges imposed on that fine pursuant to sections 938.04 and 938.06,1 must be reversed. See Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012). Additionally, we reverse the $100 indigent legal assistance lien pursuant to section 938.29, because the appellant was not informed of his right to a hearing to dispute the amount of the lien....

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

...fees and costs and instructed Icon to set up a payment plan with the Clerk of the Court. Notably, before the trial court imposed the fees and costs, it did not require the public defender or the State to provide proof to support the requested amounts. Section 938.29(1)(a), Florida Statutes (2020), states that “[a] defendant who is convicted of a criminal act ....

...shall be liable for payment of the assessed application fee under s. 27.52 and attorney’s fees and costs.” These fees and costs must be set “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.” § 938.29(1)(a), Fla....

...that cost was listed in his plea agreement). The same is true when a defendant affirmatively agrees to pay public defender fees. See id. Because Icon was convicted of a felony offense, the trial court properly imposed a $100.00 public defender fee on him. See § 938.29(1)(a), Fla....

...On remand, the fee obligation may be re-imposed, provided the trial court complies with the provisions of Florida Rule of Criminal Procedure 3.720(d). J.F. AL.M.’s additional argument that a public defender’s lien may not be imposed against a juvenile offender’s indigent parent is without merit. See § 938.29(2)(a), Fla....

...defender to represent him in the case. J.A.R., 45 Fla. L. Weekly at D2361-62. Following an evidentiary hearing, the trial court adjudicated J.A.R. delinquent for committing the charged acts. Id. at D2362. In addition, the trial court imposed a $100 public defender fee under section 938.29, Florida Statutes (2019), see id., the minimum amount required by the statute in cases involving felony charges. § 938.29(1)(a)....

...notice of his right to a hearing to contest th[e] fee.” Id. The Second District then certified conflict with the contrary decisions of the First District Court of Appeal in Mills and the Fourth District Court of Appeal in Alexis—each holding that where the trial court imposes the minimum fee required under section 938.29(1)(a), the court need not notify the defendant of the right to a hearing to contest the fee....

...3d at 82 (holding that “notice and a hearing are not required before imposition of the minimum [public defender fee]” because the minimum amount is “statutorily mandated”). The State now seeks review of J.A.R, urging that we follow Mills and Alexis. We hold that, by its plain language, section 938.29(1)(a) does not afford a defendant the right to contest the -3- amount of the public defender fee when, as here, the trial court imposes the minimum amount required by the statute....

...1984)). “[W]hen the language of a statute to be construed is unambiguous, it must be accorded its plain and ordinary meaning.” Brown v. State, 715 So. 2d 241, 243 (Fla. 1998). Accordingly, we begin our analysis by focusing on the text of section 938.29(1)(a), Florida Statutes, which provides: 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 ....

...The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. . . . The court shall include these fees and costs in every judgment rendered against the convicted person. Id. (emphasis added). There is no doubt that section 938.29(1)(a) requires the trial court to impose fees on any defendant who is convicted of a criminal act and represented by a public defender....

...dependent on the quality or character of the representation. In contrast, if the court exercises its discretion under the statute to impose a fee amount higher than the statutory minimum, there must be “sufficient proof of higher fees or costs incurred.” § 938.29(1)(a). -5-  Notably, section 938.29(1)(a) does not require the trial court to announce the imposition of the statutorily required fee; nor does it afford the defendant any substantive right to contest the fee. And, no other portion of section 938.29 requires notice and a hearing when the court imposes the minimum fee required under subsection (1)(a). Though subsection (5) includes a notice-and- hearing requirement, that requirement only applies when the court determines the value of the services of the public defender. See § 938.29(5)....

...When the court imposes the statutory minimum, the court is not tasked with making such a determination. See id. Accordingly, subsection (5) does not apply here, and we decline to read its notice-and-hearing requirement into the remainder of the statute. See Brown, 715 So. 2d at 243. Perhaps recognizing that section 938.29 does not support his argument, J.A.R....

...At the hearing: .... (d)(1) If the accused was represented by a public defender or other court appointed -6-  counsel, the court shall notify the accused of the imposition of a lien pursuant to section 938.29, Florida Statutes....

...of sentence. Fla. R. Crim. P. 3.720(d)(1). As seen above, this rule does contain a notice-and-hearing requirement. However, even assuming this rule would apply here, the rule cannot conflict with the substantive law embodied in section 938.29....

...Borden Dairy Co. of Ala., 202 So. 3d 391, 395-96 (Fla. 2016). Because the rule might well be inconsistent with the statute and our holding today, we refer this matter to the Criminal Procedure Rules Committee for consideration. To summarize, section 938.29(1)(a) requires the imposition of a minimum $100 public defender fee on all defendants represented by the public defender when the individual is charged with a felony and convicted of a criminal act....

...was charged with committing multiple felonies, convicted of a criminal act, and was represented by an assistant public defender. Based on that representation, the trial court imposed a public defender fee of $100. Since that amount is the statutory minimum under section 938.29(1)(a), the trial court was not required to provide notice and hearing as to that fee. CONCLUSION In conclusion, we approve the holdings in Mills and Alexis to the extent they are consistent with this opinion....

...Stat. 2 (2017) (providing that under the Criminal Punishment Code, “[t]he severity of the sentence increases with the length and nature of the offender’s prior record”). Therefore, Appellant is not entitled to resentencing. With regard to the public defender fees, section 938.29 of the Florida Statutes (2017) governs attorney’s fee liability for a criminal defendant who receives assistance from the public defender’s office. For cases involving a felony, sub-section 938.29(1)(a) provides that “fees and costs shall be set ....

...2d DCA 2002); Nix v. State, 84 So. 3d 424, 425-26 (Fla. 1st DCA 2012). Finally, with respect to the imposition of the indigent legal assistant assessment, the State argues that the $200 assessed against Mr. Mojica was proper under section 938.29....

...1st DCA 2015); Harmon, 160 So. 3d at 940; Nix, 84 So. 3d at 426 n.2. Affirmed in part, reversed in part, and remanded with instructions. SILBERMAN and BADALAMENTI, JJ., Concur. 1 We note that prior to 2008, section 938.29(1)(a) did not include a mandatory $100 assessment, but left the imposition of any legal assistance assessment entirely at the discretion of the trial court. Cf. Swift v. State, 53 So. 3d 394, 395 (Fla. 2d DCA 2011) (observing that under the 2007 version of section 938.29(1)(a) the defendant would only be liable for the assessment if the trial court pronounced it at sentencing and informed the defendant of the right to contest the amount at a hearing). -3-...

...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....

...way as a comment on how the new adjudicatory hearing should conclude on remand. -7-  Second, J.S. contends that the trial court erred by imposing a $100 fee for the services of the public defender pursuant to section 938.29(1)(a), Florida Statutes (2017), because the court did not provide J.S. with notice of his right to contest the fee and an opportunity to be heard. Under section 938.29(1)(a), a fee for the public defender's assistance of no less than $100 shall be assessed against any defendant who is convicted of a felony, regardless of whether adjudication has been withheld. However, section 938.29(5) requires that the defendant be given notice of his or her right to object to the determination of the award of a public defender fee and an opportunity to be heard on the matter....

...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)....

...provide notice and a hearing when it assesses fees and costs against an indigent defendant who received the assistance of an appointed attorney only when the amount exceeds the statutory minimum. This amendment is intended to align the rule with section 938.29, Florida Statutes (2021). See State v. J.A.R., 318 So. 3d 1256 (Fla. 2021) (finding that “the trial court was not required to provide notice and hearing” to a defendant when it imposed the statutory minimum fee under section 938.29(1)(a)). Accordingly, we amend the Florida Rules of Criminal Procedure and the Florida Rules of Juvenile Procedure as reflected in the appendix to this opinion....

...At the hearing: (a) – (c) [No Change] (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 lienThe court must address imposition of fees and costs pursuant to section 938.29, Florida Statutes....

...Sanchez need not be present for this correction. See Harris v. State, 674 So. 2d 110, 113 (Fla. 1996). B. Public Defender Fees and Additional Court Costs In felony cases, indigent defendants are required to pay a $100 statutory minimum public defender fee. § 938.29(1)(a), Fla....

...4th DCA 2019). 3 We certified questions of great public importance in Bartolone, including: “Is the State entitled to a second opportunity to establish discretionary prosecution and public defender fees and costs established by sections 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed by the trial court upon a defendant without having been requested or properly supported at sentencing?” 2021 WL 4888429 at *5. 5 requested by such...

...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)....

...ult with a deadly weapon and shooting into a building, we affirm the denial of appellant’s motion for judgment of acquittal without discussion. However, we reverse the trial court’s imposition of a public defender lien for failure to comply with section 938.29, Florida Statutes (2013), and remand with directions that the trial court hold an evidentiary hearing if it decides to reimpose a lien in excess of the minimum statutory amount....

...to aggravated assault with a deadly weapon and shooting into a building, we affirm the denial of appellant’s motion for judgment of acquittal without discussion. However, we reverse the trial court’s imposition of a public defender lien for failure to comply with section 938.29, Florida Statutes (2013), and remand with directions that the trial court hold an evidentiary hearing if it decides to reimpose a lien in excess of the minimum statutory amount....

...However, we accept the State’s concession of error with respect to the trial court’s imposition of a $500 lien as the fee for the public defender’s services because the amount imposed exceeded the statutorily authorized maximum without “a showing of sufficient proof of higher fees” incurred, as required by section 938.29(1)(a), Florida Statutes (2021), and the trial court failed to inform the defendant of his right to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). A trial court is required to impose as part of the judgment in every misdemeanor case “no less than $50” as a fee for the representation provided the defendant by court-appointed counsel. § 938.29(1)(a), Fla. Stat....

...3d 346, 348 (Fla. 4th DCA 2022); see also Fla. R. Crim. P. 3.720(d)(1) (2021) (requiring trial courts to notify defendants, “represented by a public defender or other court appointed counsel,” of “the imposition of [the statutory lien required by] section 938.29,” and advise them of the “right to a hearing to contest the amount of the lien” when sentence is imposed). We therefore reverse the $500 lien for the public defender’s fee....

...3d at 79 (finding where the trial court fails to give the defendant the “‘opportunity to object’ to the cost of defense . . . we are constrained to reverse this [ ] cost and remand for the trial court to advise Appellant of his right to a hearing to contest the amount of the indigent legal assistance lien”); § 938.29(5), 2 Fla....

...The State concedes, and we agree, that the misdemeanor cost was improperly imposed. Accordingly, we reverse the imposition of the $100 cost under section 938.05(1)(b). * III. Third, Hartfield challenges the imposition of a $300 public defender fee under section 938.29(1)(a), Florida Statutes, arguing the cost was excessive without the requisite findings by the trial court. Here, too, the State concedes error. We agree. Section 938.29(1)(a) provides that * At the time of Hartfield’s offenses, a person was required to pay as a cost $225 for felonies and $60 for misdemeanors. § 938.05(1), Fla....

...Attorney’s fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor . . . and no less than $100 per case when a felony offense is charged . . . The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred. § 938.29(1)(a), Fla. Stat. During the proceedings below, Hartfield was represented by the public defender’s office, making him subject to the $100 cost under section 938.29(1)(a)....

...court’s discretion and an appellate court will not interfere unless an abuse of discretion is shown.”); Rivera v. State, 336 So. 3d 738, 740–41 (Fla. 4th DCA 2022) (“Any claim of insufficient evidence [with respect to a public defender fee] under section 938.29(1)(a), Florida Statutes (2020), or lack of notice of the right to a hearing under Florida Rule of Criminal Procedure 3.720(d)(1) was invited error more appropriately addressed in a rule 3.850 motion.”). GERBER, CONNER and FORST, JJ....

...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)....

...However, we remand for the entry of an amended cost order. The trial court granted Hayes' motion to correct sentencing error filed under Florida Rule of Criminal Procedure 3.800(b) and ordered that the public defender fee be reduced from $200 to $100. See § 938.29(1)(a), (5), Fla....

...pay $.........., the Public Defender application fee, under section 27.52, Florida Statutes; ..... pay, notwithstanding the child’s present ability to pay, the Legal Assistance Lien for payment of 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

...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....

...4th DCA 2016)). “Imposing costs of prosecution involves a question of statutory interpretation, which is reviewed de novo.” Bevans v. State, 291 So. 3d 591, 593 (Fla. 4th DCA 2020). I. The Public Defender Fee The minimum public defender fee is $50. § 938.29(1), Fla. Stat. (2021). This fee may be increased only “upon a showing of sufficient proof of higher fees or costs incurred.” § 938.29(1)(a), Fla....

...Statutes; ..... pay $ .........., the Public Defender attorney fee, notwithstanding the child’s present ability to pay, the Legal Assistance Lien for payment of attorneys’ fees or costs, under section 938.29, Florida Statutes;, ........

...is Florida Rule of Criminal Procedure 3.800(b) motion, the court erred in failing to strike that cost. See Sanders v. State, 101 So.3d 373 (Fla. 1st DCA 2012). Further, we find the trial court erred in imposing a $100 public defender fee pursuant to section 938.29, Florida Statutes (2009), because appellant was not given notice and opportunity to be heard....

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

...Ciscely Mack appeals several criminal sentences. Among other issues, she contends that the trial court erroneously imposed a public defender fee of $300 in lower tribunal case number 17-7370 CF10A without providing her notice of the amount and of her right to contest the fee. See § 938.29(1)(a), Fla....

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

...ce of the Clerk and Comptroller of Palm Beach County collects and distributes the statutory fines, costs and assessments relating to services of the public defender for indigent criminal defendants. You note that in 2004, sections 27.52 , 27.562 and 938.29 , Florida Statutes, were amended as part of legislative efforts to effectuate Revision 7 to Article V of the Florida Constitution, approved by the voters in November 1998, which reallocated state court system funding among the state, counties and users of the courts....

...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 : 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 ....

...to this section are to be transferred monthly by the clerk to the Department of Revenue for deposit in the Indigent Criminal Defense Trust Fund, administered by the Justice Administrative Commission, to be used as appropriated by the Legislature. 4 Section 938.29 , Florida Statutes, authorizes the imposition of a lien for payment of attorney's fees or costs for representation by the public defender's office....

...or of withholding the imposition of sentence. Attorney's fees and costs collected under this section shall be deposited into the General Revenue Fund." 7 Section 27.562 , Florida Statutes, provides for the disposition of funds collected pursuant to section 938.29 , Florida Statutes: " The first $40 of all funds collected pursuant to s. 938.29 shall be deposited into the Indigent Criminal Defense Trust Fund pursuant to s. 27.525 . The remaining funds collected pursuant to s. 938.29 shall be distributed as follows: (1) Twenty-five percent shall be remitted to the Department of Revenue for deposit into the Justice Administrative Commission's Indigent Criminal Defense Trust Fund....

...Appropriations from the fund shall be proportional to each circuit's collections. All judgments entered pursuant to this part shall be in the name of the state." 8 (e.s.) Prior to the 2004 amendment, section 27.562 , Florida Statutes (2003) provided that "[a]ll funds collected pursuant to s. 938.29 , except the application fee imposed under s....

...inal Defense Trust Fund administered by the Justice Administrative Commission, 10 authorized a lien for payment of public defender legal assistance, 11 and controlled the disposition of those funds collected through foreclosure on the lien. 12 While section 938.29 , Florida Statutes, was renumbered and moved to Chapter 938 from Chapter 27, the scheme itself remains in place to ensure that application fees for public defender representation are segregated and transferred to the Department of Reve...

...cation fee. Rather, the intent of the 2004 revision to section 27.562 , Florida Statutes, appears to have been to maintain the priority of the distribution of the $40 application fee and to divert 25 percent of the remaining revenues collected under section 938.29 , Florida Statutes, to the Indigent Criminal Defense Trust Fund....

...paid by an indigent person as payment of the application fee; such language is still contained in section 27.52 . The language added by Chapter 04-265, Laws of Florida, to section 27.562 stating that the first $40 of all funds collected pursuant to section 938.29 , Florida Statutes (relating to fees and costs), shall be deposited into the Indigent Criminal Defense Trust Fund would appear to relate to the application fee referenced in section 27.52 ....

...97-271, Laws of Fla. 6 Section 3, Ch. 05-236, Laws of Fla., substantially reworded s. 27.52 ; however, language substantially similar to the language formerly contained in s. 27.52 (2)(a), Fla. Stat. (2004) is now contained in s. 27.52 (1)(b), Fla. Stat. (2005). 7 Section 938.29 (1)(c), Fla. Stat. 8 See s. 13, Ch. 04-265, Laws of Fla., amending s. 27.562 , Fla. Stat. 9 Section 27.52 , Fla. Stat. 10 Section 27.525 , Fla. Stat. 11 Section 938.29 , Fla....

...." 14 See Senate Staff Analysis and Economic Impact Statement on CS/CS/SB 2962, dated April 15, 2004 (staff analysis), at p. 30, stating: "Changes to s. 27.562 , F.S., direct 25 percent of the revenues received from the attorney costs assessed under s. 938.29 , F.S., to the Indigent Criminal Defense Trust Fund of the public defenders....

..., for Appellee. PER CURIAM. Jason Darrell West was adjudicated guilty of burglary and sentenced to thirty years in prison as an habitual felony offender. In addition, the trial court imposed a public defender's fee in the amount of $2500 pursuant to section 938.29(5), Florida Statutes (2009)....

...Accordingly, West's habitual felony offender sentence is affirmed. However, there is merit to West's second point claiming the trial court erred in imposing a public defender's fee without advising him of the right to contest the amount of the fee. Section 938.29, Florida Statutes (2009), provides as follows: (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....

...e and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law. (Emphasis added.) See also Fla. R. Crim. P. 3.720(d)(1) ("[T]he court shall notify the accused of the imposition of a lien pursuant to section 938.29, Florida Statutes....

...l of his motion. However, in contrast, the Second District has not hesitated to strike the imposition of a public defender's fee when, in a rule 3.800(b)(2) motion, it was argued the fee was imposed without compliance with the procedures mandated by section 938.29(5) and rule 3.720(d)(1)....

...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)....

...“The trial court must announce at sentencing the amount of the lien, as well as ‘the accused’s right to a hearing to contest the amount of the lien.’” Id. (quoting Fla. R. Crim. P. 3.720(d)(1)). For felony charges, the trial court is mandated to impose a minimum public defender fee of $100. See id; § 938.29(1)(a), 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)....

...osts of investigation” at a later date, which is permissible upon a showing of sufficient proof of higher costs incurred. Appellant, who was represented by the public defender’s office, was also ordered to pay a $500 public defender’s fee. See § 938.29, Fla....

...State, 884 So.2d 1174, 1175 (Fla. 2d DCA 2004). Lastly, we reverse that part of the order denying the motion to correct sentencing error regarding the imposition of the $500 public defender’s fee. The trial court imposed this obligation without fully complying with section 938.29(l)(a), Florida Statutes (2013), and Florida Rule of Criminal Procedure 3.720(d)(l)-(2). Section 938.29(l)(a), Florida Statutes, provides that a defendant who is represented by the public defender’s office shall be charged no less than $100 in attorney’s fees and costs per case when a felony offense is charged, *1084 and “[t]he court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred.” § 938.29(l)(a), Fla....

...rect sentencing error and ordering the clerk of the circuit court to strike specific attorney’s fees and fines. The trial court ordered the clerk to vacate the judgment for attorney’s fees and costs which reflected a $100 fee entered pursuant to section 938.29, Florida Statutes (2010), for attorney’s fees and costs of defense....

...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....