Bass v. Hillsborough County
Bass v. Hillsborough County
Opinion of the Court
Appellant, Jacqueline M. Bass, challenges the constitutionality of section 744.331, Florida Statutes (1997), which allows Hillsborough County (the County) to recover sums expended by the County in compensation to examining physicians in guardianship proceedings. We find that Bass was erroneously denied the opportunity to be heard on the issue prior to costs being imposed, and reverse. Finding that reversal is warranted on procedural grounds, we decline to address the constitutional issue raised on appeal.
The trial court’s failure to accord Bass a full and fair opportunity to be heard on the issue of fees was error. Bass was entitled to a hearing to object to the amount of the fees sought to be imposed. See Jenkins v. State, 444 So.2d 947 (Fla. 1984).
. In State v. Beasley, 580 So.2d 139 (Fla. 1991), the Court reaffirmed Jenkins v. State, 444 So.2d 947 (Fla. 1984), with regard to the due process requirement, but clarified that a court did not need to make a judicial determination that the defendant had an ability to pay before assessing costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.