State of Florida v. J.A.R.

Summary

The Supreme Court of Florida held that section 938.29(1)(a), Florida Statutes, does not give a defendant a right to contest a mandatory $100 public defender fee imposed when a felony is charged and the defendant is represented by the public defender. The court held that notice of the fee and a hearing are required only when the trial court imposes a fee above the statutory minimum. The court approved Mills and Alexis, disapproved the contrary portion of the Second District's decision, and remanded for reinstatement of the fee.

Holdings

1. Section 938.29(1)(a) does not afford a defendant a substantive right to contest the amount of the public defender fee when the trial court imposes the statutory-minimum $100 fee applicable to a felony charge.
2. When imposing the statutory-minimum public defender fee, the trial court need not announce the fee at sentencing or notify the defendant of a right to a hearing to contest it.
3. Rule 3.720(d)(1) cannot alter the substantive principles in section 938.29; a procedural rule cannot conflict with controlling substantive statutory law.

Questions Presented

1. Whether section 938.29(1)(a), Florida Statutes, gives a defendant a right to contest the amount of a public defender fee when the trial court imposes the statutory minimum.
2. Whether the sentencing-hearing notice-and-hearing requirement in Florida Rule of Criminal Procedure 3.720(d)(1) requires notice and a hearing before imposition of the statutory-minimum public defender fee.
3. Whether the Second District properly struck J.A.R.'s $100 public defender fee.

Disposition

reversed_and_remanded