Senate Bill 1364
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Florida Senate - 2000 SB 1364
By Senator Campbell
33-899-00
1 A bill to be entitled
2 An act relating to attorney's fees; amending s.
3 938.29, F.S.; providing for imposition of a fee
4 in specified criminal cases without a hearing;
5 providing a fee schedule; providing procedures
6 for modification of such fees; authorizing
7 defendants to contest the imposition of a fee
8 and request a hearing; providing an effective
9 date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (1) of section 938.29, Florida
14 Statutes, is amended to read:
15 938.29 Legal assistance; lien for payment of
16 attorney's fees or costs.--
17 (1)(a) The court having jurisdiction over any
18 defendant who has been determined to be guilty of a criminal
19 act by a court or jury or through a plea of guilty or nolo
20 contendere and who has received the assistance of the public
21 defender's office, a special assistant public defender, or a
22 conflict attorney shall assess attorney's fees and costs
23 against the defendant at the sentencing hearing and shall
24 determine the appropriate amount and method of payment. Such
25 costs may include the cost of depositions; cost of transcripts
26 of depositions, including the cost of defendant's copy, which
27 transcripts are certified by the defendant's attorney as
28 having served a useful purpose in the disposition of the case;
29 investigative costs; witness fees; the cost of psychiatric
30 examinations; or other reasonable costs specially incurred by
31 the county for the defense of the defendant in criminal
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Florida Senate - 2000 SB 1364
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1 prosecutions within the county. Costs shall not include
2 expenses inherent in providing a constitutionally guaranteed
3 jury trial or expenditures in connection with the maintenance
4 and operation of government agencies that must be made by the
5 public irrespective of specific violations of law. Any costs
6 assessed pursuant to this paragraph shall be reduced by any
7 amount assessed against a defendant pursuant to s. 938.05.
8 (b) Except as otherwise provided by statute, in
9 determining the appropriate amount of fees to be assessed
10 under paragraph (a), the court shall assess those fees in an
11 amount according to the following schedule without the
12 necessity of a hearing:
13 1. For capital felonies at the trial or appellate
14 level, a fee of $2,000.
15 2. For life-felony cases at the trial level, a fee of
16 $1,000.
17 3. For non-life-felony cases at the trial level, a fee
18 of $500.
19 4. For juvenile, misdemeanor, or Baker Act cases, a
20 fee of $300.
21 5. For violation-of-probation proceedings, a fee of
22 $200.
23 6. For felony proceedings under Rule 3.850, Florida
24 Rules of Criminal Procedure, a fee of $300.
25 7. For misdemeanor, Rule 3.850, Florida Rules of
26 Criminal Procedure, proceedings, a fee of $200.
27 (c) The trial judge may assess fees in a higher or
28 lower amount on motion of the appointed lawyer that the fee
29 set by the schedule would be inappropriate, or the trial judge
30 may make an independent finding that the circumstances of the
31 case require higher or lower fees. If more than one case is
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1 resolved against a single defendant or if the defendant has
2 multiple counts within a case, the fees assessed must be
3 entered on all cases or counts in the amount that would apply
4 to the most serious count in any one case that is before the
5 court.
6 (d) Any defendant against whom fees are imposed under
7 paragraph (b) or paragraph (c) may contest the amount of the
8 lien and is entitled to a hearing thereon. The judgement of
9 fees entered must advise the defendant of his or her right to
10 a hearing on the amount of the fees assessed and that the
11 court will hold a hearing on the defendant's objections to
12 imposition of the fees.
13 (e)(b) Upon entering a judgment of conviction, the
14 trial court shall order the defendant to pay the costs
15 assessed by the court in full, or within a time certain as set
16 by the court, after the judgment of conviction becomes final.
17 (f)(c) After assessment of the application fee under
18 s. 27.52(1)(c) and attorney's fees and costs, the court shall
19 order the defendant to pay the attorney's fees and costs in
20 full or in installments, at the time or times specified. The
21 court may order payment of the assessed application fee and
22 attorney's fees and costs as a condition of probation, of
23 suspension of sentence, or of withholding the imposition of
24 sentence. All fees and costs may be assessed under one
25 judgment.
26 Section 2. This act shall take effect July 1, 2000.
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Florida Senate - 2000 SB 1364
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2 SENATE SUMMARY
3 Provides for the imposition of a fee in specified
criminal cases without a hearing. Provides a fee
4 schedule. Provides procedures for modifying such fees.
Authorizes a defendant to contest the fee and to request
5 a hearing.
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