WILLIAM STROUD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Stroud's convictions and sentences but struck or reversed certain costs and fees imposed without proper notice or statutory authority, requiring the trial court to provide notice and opportunity to be heard on remand.
A trial court must provide notice and an opportunity to be heard before imposing public defender fees, and must cite statutory authority when imposing administrative costs.
[1] A trial court must provide notice and an opportunity to be heard before imposing public defender fees under Florida Rule of Criminal Procedure 3.720(d)(1).
[2] Administrative costs must be supported by citation to appropriate statutory authority or they will be struck.
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Regarding the $2 cost under section 943.25(13)
William Stroud was convicted and sentenced to various penalties including a $2 cost under section 943.25(13), $25 in administrative costs, and $700 in…
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PER CURIAM.
We affirm William Stroud’s judgments and sentences but strike the $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), as the trial court did not give Stroud notice of this cost at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). We also strike the $25 in administrative costs imposed without citing statutory authority. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). On remand, however, the state may seek to reimpose this cost provided the appropriate statutory authority is cited to support its assessment. Id.
Finally, we reverse the imposition of $700 in public defender fees as Stroud was not informed that he had the right to contest the amount of those fees. Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). On remand, the appellant shall have thirty days from the date of our mandate within which to file a written objection to the amount of the fees. If an objection is filed, the trial court shall strike the assessment and shall not impose a new assessment without first affording Stroud with notice and an opportunity to be heard pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995). Affirmed in part, reversed in part, and remanded for further proceedings.
CAMPBELL, A.C.J., and LAZZARA and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)