ROHN v. STATE (2020)

Appellant challenges his judgment and sentence for two counts of failure of a sex offender to report or register a change in permanent or temporary address pursuant section 943.0435(4), Florida Statutes. We affirm Appellant's convictions without discussion. However, the trial court erred in imposing fees and costs.

The $250 public defender fee pursuant to section 938.29(1)(a), Florida Statutes, should not have been imposed in excess of the minimum $100 because the trial court did not make findings to support the higher-than-minimum amount permitted by the statute. See Hogle v. State, 250 So. 3d 178, 181 (Fla. 1st DCA 2018). The discretionary $342.86 fine pursuant to section 775.083 and the related $17.14 surcharge pursuant section 938.04 should not have been imposed as part of the $775 lump sum without specific pronouncement. Id. Additionally, the $100 misdemeanor cost pursuant to section 938.05(1)(b) should not have been imposed because the defendant was not convicted of any misdemeanors. Id.

We affirm the $65.00 cost pursuant to section 939.185 which was also imposed without oral pronouncement. This cost is not discretionary. See Griffin v. State, 980 So. 2d 1035, 1036 (Fla. 2008) (holding the section 939.185, Florida Statutes, to be a mandatory, non-punitive civil remedy); see also Johnson v. State, 944 So. 2d 474 (Fla. 4th DCA 2006) (affirming costs pursuant to section 939.185 imposed without referring to statutory authority because they were “statutorily mandated court costs”). Statutorily-mandated costs may be imposed without notice and need not be specifically pronounced at the sentencing hearing. Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).

Accordingly, we reverse the $250 public defender fee, the $342.86 discretionary cost and related $17.14 surcharge, and the $100 misdemeanor cost. On remand, the trial court may reimpose the discretionary fee, related surcharge, and a higher-than-minimum public defender fee after providing notice to Appellant and following the proper procedures; if the trial court decides not to reimpose these costs, it can enter a corrected judgment and sentence striking them. See Nix, 84 So. 3d at 426.

Affirmed in part, Reversed in part, Remanded with directions.

Per Curiam.

Lewis, Winokur, and Jay, JJ., concur.