318 So.3d 1256
Fla.2021Background
- J.A.R., a juvenile, was charged with two felonies and a misdemeanor and was represented by the public defender.
- After an evidentiary hearing, the trial court adjudicated J.A.R. delinquent and imposed a $100 public defender fee under § 938.29(1)(a) (the statutory minimum for felony cases).
- The trial court did not announce the fee at sentencing or notify J.A.R. of any right to a hearing to contest the fee.
- The Second District struck the fee, relying on Newton v. State, and certified conflict with Mills v. State and Alexis v. State.
- The State petitioned for review; the Florida Supreme Court granted jurisdiction and considered whether notice and a hearing are required when the statutory minimum fee is imposed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (J.A.R.) | Held |
|---|---|---|---|
| Whether trial court must notify defendant of, or provide a hearing to contest, a $100 public defender fee when the court imposes the statutory minimum under § 938.29(1)(a). | Statute mandates the minimum fee; no substantive right to contest the minimum; no notice or hearing required. | Rule 3.720 and prior district-court precedent (Newton) require notice and a hearing to contest the fee. | Court held no notice or hearing required when the statutory minimum ($100) is imposed; if court sets a higher fee, notice and hearing are required. |
| Whether Florida Rule of Criminal Procedure 3.720(d)(1) can require notice/hearing contrary to the statute. | Rule cannot override a substantive statute; statute controls. | Rule requires notice and hearing at sentencing. | Court held a rule cannot conflict with the statute and referred the potential inconsistency to the Criminal Procedure Rules Committee. |
Key Cases Cited
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015) (held no notice/hearing required when court imposes statutory minimum public defender fee)
- Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017) (same)
- Newton v. State, 262 So. 3d 849 (Fla. 2d DCA 2018) (held trial court erred by imposing fee without notifying defendant of right to contest)
- Brown v. State, 715 So. 2d 241 (Fla. 1998) (statutory language must be given its plain and ordinary meaning)
- Beynard v. Wainwright, 322 So. 2d 473 (Fla. 1975) (a statute controls over an inconsistent procedural rule)