938.29
Legal assistance; lien for payment of attorney’s fees or costs.
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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.
Notes of Decisions
Cited in 142
cases (26 in the last 5 years), 1998–2026 · leading case: Mills v. State
Mills v. State (2015)
“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 0 in a felony case or in a misdemeanor case.”
Ladarius Brooks v. State of Florida (2016)
“At the hearing: [[Image here]] (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. The amount of the lien shall be given and a…”
Alexis v. State (2017)
“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.”
Woods v. State (2004)
“See § 938.29, Fla. Stat. (2002); Fla. R.Crim.”
Maestas v. State (2011)
“§ 938.29, Fla. Stat. (2010); Houle v. State, 33 So.”
Cook v. State (2005)
“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 .”
Harrison v. State (2014)
“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.”
Lee v. State (2001)
“56 was amended and renumbered as section 938.29, Florida Statutes (1997). Section 938.”
Nix v. State (2012)
“The written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29(1), Florida Statutes. 2 . We question whether it is a prudent use of judicial resources to conduct further proceedings to impose an additional
DOMINIC NATHANIEL DAVIS v. STATE OF FLORIDA (2018)
“§ 938.29(1)(a), Fla. Stat. (2018). hearing to determine the proper fee amount.”
Bruno v. State (2007)
“Bruno to pay 0 in attorneys' fees for the services *908 of the public defender pursuant to section 938.29(1), Florida Statutes (2005).”
WILLIE MATHERS NEWTON v. STATE OF FLORIDA (2018)
“See § 938.29(1). But, read together, section 938.”
— 938.29(1) — 8 cases
Mills v. State (2015)
“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 0 in a felony case or in a misdemeanor case.”
Nix v. State (2012)
“The written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29(1), Florida Statutes. 2 . We question whether it is a prudent use of judicial resources to conduct further proceedings to impose an additional
Bruno v. State (2007)
“Bruno to pay 0 in attorneys' fees for the services *908 of the public defender pursuant to section 938.29(1), Florida Statutes (2005).”
WILLIE MATHERS NEWTON v. STATE OF FLORIDA (2018)
“See § 938.29(1). But, read together, section 938.”
Harrison v. State (2014)
“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.”
— 938.29(1)(a) — 38 cases
DOMINIC NATHANIEL DAVIS v. STATE OF FLORIDA (2018)
“§ 938.29(1)(a), Fla. Stat. (2018). hearing to determine the proper fee amount.”
Woods v. State (2004)
“See § 938.29, Fla. Stat. (2002); Fla. R.Crim.”
Carmichael v. State (2016)
Taylor v. State (2017)
— 938.29(1)(b) — 2 cases
Reile v. State (2005)
WZ v. State (2010)
— 938.29(1)(c) — 2 cases
Woods v. State (2004)
“See § 938.29, Fla. Stat. (2002); Fla. R.Crim.”
WZ v. State (2010)
— 938.29(2) — 1 case
Woods v. State (2004)
“See § 938.29, Fla. Stat. (2002); Fla. R.Crim.”
— 938.29(2)(a) — 1 case
A.L.M. v. State (2010)
— 938.29(5) — 42 cases
Ladarius Brooks v. State of Florida (2016)
“At the hearing: [[Image here]] (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. The amount of the lien shall be given and a…”
Mills v. State (2015)
“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 0 in a felony case or in a misdemeanor case.”
WILLIE MATHERS NEWTON v. STATE OF FLORIDA (2018)
“See § 938.29(1). But, read together, section 938.”
Vaughn v. State (2011)
Gonzalez v. State (2010)
— 938.29(6) — 7 cases
Waller v. State (2005)
Lang v. State (2003)
Woods v. State (2004)
“See § 938.29, Fla. Stat. (2002); Fla. R.Crim.”
Cook v. State (2005)
“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 .”
Miller v. State (2005)
— 938.29(l)(a) — 22 cases
Mills v. State (2015)
“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 0 in a felony case or in a misdemeanor case.”
Alexis v. State (2017)
“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.”
Chambers v. State (2017)
Youman v. State (2013)
— 938.29(l)(b) — 2 cases
Alexis v. State (2017)
“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.”
W.Z. v. State (2010)
— 938.29(l)(c) — 1 case
W.Z. v. State (2010)
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