Meier v. State
Meier v. State
Opinion of the Court
In this Anders
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.
Similarly, the $3 juvenile assessment center cost is mandatory because Pasco County requires it pursuant to an enacted ordinance.
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.
. 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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.