HB 461 — Attorney Fees and Costs

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 461 2020 A bill to be entitled An act relating to attorney fees and costs;

specifyingprohibiting the limitinclusion in negotiated plea agreements of costs for state attorneyattorneys costswhich inare pleagreater negotiationthan proffers;the minimum required;

amendingreenacting s.

938.29,985.032(2), F.S.;F.S., relating to assessment of costs of prosecution of a juvenile, to incorporate the amendment made to s.

specifying938.27, theF.S., limit of attorney fees and costs in pleareference negotiationthereto; proffers;

9 Be It Enacted by the Legislature of the State of Florida:

SubsectionSubsections (2) through (8) of section 938.27, Florida Statutes, are renumbered as subsections (3) through (9), respectively, a new subsection (2) is amendedadded to that section, and present subsection (8) of that section is amended, to read:

938.27 Judgment for costs of prosecution and investigation.— (8)(2) Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control.

InThe anycourt plea negotiation proffered to the court, costs for the state attorney may notset exceed $50 per case for a misdemeanorhigher oramount criminalupon traffic offense or $100 per case for a felonyshowing offense,of includingsufficient aproof proceeding in which the underlying offense is a violation of probationhigher orcosts communityincurred; control.

Thehowever, courtany may set a higher amount upon a showing of sufficient proof Page 1 of 3 CODING:

hb0461-00hb0461-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 461 2020 ofexceeding higherthe statutory minimum for misdemeanor, criminal traffic, or felony costs incurred.may not be included as part of a negotiated plea agreement submitted to the court for consideration.

(9)(8) Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control.

The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.

ParagraphFor (a)the purpose of incorporating the amendment made by this act to section 938.27, Florida Statutes, in a reference thereto, subsection (1)(2) of section 938.29,985.032, Florida Statutes, is amendedreenacted to read:

938.29985.032 Legal assistance;representation for delinquency cases.— (2) A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of Page 2 of 3 CODING:

lien for payment of attorney's fees or costs.— (1)(a) A defendant who is convicted of a criminal act or a violation of probation or community control and who has received the assistance of the public defender's office, a special assistant public defender, the office of criminal conflict and civil regional counsel, or a private conflict attorney, or who has received due process services after being found indigent for costs under s.

27.52, shall be liable for payment of the assessed application fee under s.

27.52 and attorney's fees and costs.

Attorney's fees and costs shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community Page 2 of 3 CODING:

hb0461-00hb0461-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 461 2020 control.prosecution as provided in s.

In938.27. any plea negotiation proffered to the court, attorney fees and costs may not exceed $50 per case for a misdemeanor or criminal traffic offense or $100 per case for a felony offense, including a proceeding in which the underlying offense is a violation of probation or community control.

The court may set a higher amount upon a showing of sufficient proof of higher fees or costs incurred.

For purposes of this section, "convicted" means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld.

The court shall include these fees and costs in every judgment rendered against the convicted person.

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