322 So.3d 117
Fla. Dist. Ct. App.2021Background
- Roy Lee Icon was convicted of possession of cannabis, drug paraphernalia, and cocaine; the Fourth District affirmed his convictions without comment but reviewed sentencing fees.
- At sentencing the trial court orally imposed a $1,500 public defender fee, a $185.50 public defender transcript fee, and a $50 investigative cost, among other assessments.
- The court asked Icon whether he agreed to pay the fees or wanted a hearing; Icon gave equivocal responses and said he receives Social Security and may be unable to pay, but did not affirmatively agree to the specific amounts.
- The trial court did not require the public defender or the State to produce proof supporting the requested higher public defender fees or the investigative cost before imposing them.
- Florida law sets a statutory minimum public defender fee ($100 for felonies) and requires competent evidence and factual findings to impose higher fees or investigative costs unless the defendant affirmatively agrees to pay the amounts.
Issues
| Issue | State's Argument | Icon's Argument | Held |
|---|---|---|---|
| Whether public defender fee above statutory minimum could be imposed ($1,500) | Fee was properly imposed; defendant did not successfully preserve challenge | Icon did not affirmatively agree to the higher amount and no proof supported it | Court upheld only the $100 statutory minimum; the additional $1,400 was improperly imposed and must be vacated unless supported by proof or agreement on remand |
| Whether public defender transcript fee ($185.50) could be imposed | Fee properly imposed or implicitly agreed to | No affirmative agreement and no proof of the cost | Error to impose transcript fee; vacated and remanded unless supported by proof or defendant's agreement |
| Whether $50 investigative cost could be imposed | Cost properly imposed | No agreement and no competent substantial evidence to support cost | Error to impose investigative cost; vacated and remanded unless supported by competent evidence or defendant's agreement |
Key Cases Cited
- Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017) (higher public defender fees require proof and factual findings)
- Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011) (same principle on proof for higher fees)
- Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019) (investigative costs must be supported by competent substantial evidence)
- Ingalls v. State, 304 So. 3d 21 (Fla. 4th DCA 2020) (defendant's affirmative agreement waives entitlement to challenge imposition of assessed costs or fees)