08-24 IN RE: FEES - COSTS OF DEFENSE; PUBLIC DEFENDER APPLICATION FEE - ORDERED 8/11/2008 BY CLAYTON D. SIMMONS
EXCERPT: “WHEREAS, an amendment to Section 938.29, Florida Statutes, effective July 1, 2008, mandates that costs for the public defender shall be set in all criminal cases at no less than $50 per case in misdemeanor or criminal traffic cases and no less than $100 per case when a felony offense is concluded by entry of a guilty or nolo contendere plea or by guilty verdict at trial or hearing, including a proceeding in which the underlying offense is a violation of probation or community control; and WHEREAS, Section 938.29, Florida Statutes, mandates that the sentencing court order cost of defense without regard to the defendant’s present ability to pay; and WHEREAS, Section 938.29, Florida Statutes, requires the clerk of court to collect and dispense costs of defense in any case; and WHEREAS, Section 27.52(1)(b) Florida Statutes, mandates that a defendant pay a $50 Public Defender Application Fee within 7 days of the appointment of the Public Defender and mandates that the clerk of court notify the court if the fee has not been paid at time of sentencing; and WHEREAS there is a need for direction to the Clerk of Court to properly implement the requirements of Sections 938.29 and 27.52(1)(b) Florida Statutes: IT IS ORDERED THAT: (Open AO for more information.)”