Florida Senate - 2023 SB 1330



By Senator Martin





33-01162-23 20231330__
1 A bill to be entitled
2 An act relating to costs of prosecution and
3 investigation; amending ss. 938.27 and 938.29, F.S.;
4 increasing minimum attorney fees and costs in certain
5 cases; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (8) of section 938.27, Florida
10 Statutes, is amended to read:
11 938.27 Judgment for costs of prosecution and
12 investigation.—
13 (8) Costs for the state attorney must be set in all cases
14 at no less than $100 $50 per case when a misdemeanor or criminal
15 traffic offense is charged and no less than $200 $100 per case
16 when a felony offense is charged, including a proceeding in
17 which the underlying offense is a violation of probation or
18 community control. The court may set a higher amount upon a
19 showing of sufficient proof of higher costs incurred. Costs
20 recovered on behalf of the state attorney under this section
21 must be deposited into the State Attorneys Revenue Trust Fund to
22 be used during the fiscal year in which the funds are collected,
23 or in any subsequent fiscal year, for actual expenses incurred
24 in investigating and prosecuting criminal cases, which may
25 include the salaries of permanent employees, or for any other
26 purpose authorized by the Legislature.
27 Section 2. Paragraph (a) of subsection (1) of section
28 938.29, Florida Statutes, is amended to read:
29 938.29 Legal assistance; lien for payment of attorney’s
30 fees or costs.—
31 (1)(a) A defendant who is convicted of a criminal act or a
32 violation of probation or community control and who has received
33 the assistance of the public defender’s office, a special
34 assistant public defender, the office of criminal conflict and
35 civil regional counsel, or a private conflict attorney, or who
36 has received due process services after being found indigent for
37 costs under s. 27.52, shall be liable for payment of the
38 assessed application fee under s. 27.52 and attorney attorney’s
39 fees and costs. Attorney Attorney’s fees and costs must shall be
40 set in all cases at no less than $100 $50 per case when a
41 misdemeanor or criminal traffic offense is charged and no less
42 than $200 $100 per case when a felony offense is charged,
43 including a proceeding in which the underlying offense is a
44 violation of probation or community control. The court may set a
45 higher amount upon a showing of sufficient proof of higher fees
46 or costs incurred. For purposes of this section, “convicted”
47 means a determination of guilt, or of violation of probation or
48 community control, which is a result of a plea, trial, or
49 violation proceeding, regardless of whether adjudication is
50 withheld. The court shall include these fees and costs in every
51 judgment rendered against the convicted person.
52 Section 3. This act shall take effect July 1, 2023.

Statutes affected:
S 1330 Filed: 938.27, 938.29