JON DAVID MEIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jon David Meier appealed his guilty plea conviction for lewd or lascivious exhibition, challenging his sexual predator designation and certain costs imposed at sentencing. The court affirmed the conviction and sentence but struck two discretionary costs ($150 court facility fee and $800 public defender fee) that were imposed without proper oral pronouncement or required notice.
The court affirmed Meier's conviction, sentence, and sexual predator designation. The $2 criminal justice education fund cost and $3 juvenile assessment center cost were upheld as mandatory costs required by local ordinance and need not be orally pronounced. The $150 court facility fee was struck as a discretionary cost imposed without oral pronouncement. The $800 public defender fee was struck because the trial court failed to provide required notice of Meier's right to a hearing to contest the amount.
[1] A trial court must orally pronounce the imposition of a public defender's lien, its statutory authority, the amount, and the defendant's right to a hearing to contest the…
[2] A public defender's lien imposed without oral pronouncement at sentencing must be stricken, without prejudice to the State to seek reimposition on remand.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mr. Meier argues that these costs should be stricken because they are discretionary costs that the trial court failed to pronounce orally at sentencing.”
Establishes Meier's primary argument regarding discretionary costs and the requirement for oral pronouncement.
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Join FLexlaw to unlock all legal intelligenceMeier pleaded guilty to lewd or lascivious exhibition and was sentenced to five years' prison followed by five years' sex offender probation, with a s…
The full statement of facts, procedural history, and disposition for this case are member content.
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LaROSE, Judge.
In this Anders1 appeal, Jon David Meier challenges his conviction and sentence for lewd or lascivious exhibition. Mr. Meier pleaded guilty, reserving the right to appeal his designation as a sexual predator. He also asserts that the trial court improperly imposed certain costs.2 After a thorough review of the record, we affirm without discussion Mr. Meier’s conviction, sentence of five years’ prison followed by five years’ sex offender proba tion, and sexual predator designation. We address the challenged costs.
Mr. Meier challenges the following costs: (1) the $2 criminal justice education fund cost pursuant to section 938.15, Florida Statutes (2001); (2) the $3 juvenile assessment center cost pursuant to section 938.17, Florida Statutes (2001); (3) the $150 court facility fee pursuant to section 939.18, Florida Statutes (2001); and (4) the $800 public defender fee pursuant to section 938.29, Florida Statutes (2001). Mr. Meier argues that these costs should be stricken because they are discretionary costs that the trial court failed to pronounce orally at sentencing. See Reyes v. State, 655 So. 2d 111, 116, 121 (Fla. 2d DCA 1995). Mr. Meier preserved these cost issues for appeal by filing a motion to correct sentencing errors under Florida Rule of Criminal Procedure 3.800(b)(2).
The $2 criminal justice education fund cost is a mandatory cost required by an enacted local government ordinance.3 See Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005) (en banc). Thus, it need not be orally pronounced. See id. Accordingly, we affirm the assessment of this cost.
Similarly, the $3 juvenile assessment center cost is mandatory because Pasco County requires it pursuant to an enacted ordinance.4 Cf. Waller, 911 So. 2d 226. The trial court correctly imposed this cost without an oral pronouncement.
We strike the $150 court facility fee because it is a discretionary cost that the trial court failed to pronounce orally. See Cruz v. State, 830 So. 2d 892, 892-93 (Fla. 2d DCA 2002); Edwards v. State, 814 So. 2d 1197, 1198 (Fla. 2d DCA 2002).
We also strike the $800 public defender fee. The State concedes that the trial court imposed this cost without the required notice to Mr. Meier of his right to a hearing to contest the amount. See § 938.29(6); Fla. R.Crim. P. 3.720(d)(1); Edwards, 814 So. 2d at 1198; Swinton v. State, 670 So. 2d 1128, 1129 (Fla. 2d DCA 1996).
Affirmed in part; court facility fee and public defender fee stricken.
WHATLEY and VILLANTI, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. Cost issues are properly included in an Anders brief. See Palen v. State, 588 So. 2d 974, 974-75 (Fla.1991); In re Anders Briefs, 581 So. 2d 149, 152 (Fla.1991).
. See art. I, §§ 34-4. and 54-1, Pasco County, Fla., Code of Ordinances (1994).
. See art. I, § 34-7, Pasco County, Fla., Code of Ordinances (1994).
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Crowder v. State, 313 So. 3d 704 (Fla. 2d DCA 2020)…ing Jackson, 983 So. 2d at 574)); cf. Swift v. State, 53 So. 3d 394, 395 (Fla. 2d DCA 2011) (reversing imposition of public defender fee in a case briefed pursuant to Anders where issue had been preserved via a rule 3.800(b) motion); Meier v. State, 912 So. 2d 1277, 1279 (Fla. 2d DCA 2005) (striking imposition of public defender fee in case briefed pursuant to Anders, noting that the appellant "preserved the[] cost issue[] for appeal by filing a motion to correct sentencing error[] under" rule 3.800(b)(2)); Ci…
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Young v. State (Fla. 2d DCA 2025)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)
- Zebbie Edwards v. State, 814 So. 2d 1197 (Fla. 2d DCA 2002)
- Cruz v. State, 830 So. 2d 892 (Fla. 2d DCA 2002)
- Palen v. State, 588 So. 2d 974 (Fla. 1991)
- Swinton v. State, 670 So. 2d 1128 (Fla. 2d DCA 1996)