Opinion
Case No. 1D99-3899.
Opinion filed August 7, 2000.
An appeal from the Circuit Court for Duval County. John H. Skinner, Judge.
Nancy Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error in the adjudication of appellant's delinquency and sentence. We do, however, find error in the imposition of a $150 public defender's lien without providing appellant or her parents notice of the lien, an opportunity to be heard, and an opportunity to offer objection to the amount pursuant to section 938.29(6), Florida Statutes (1999).
We have held that the failure of a defendant to object to the imposition of a statutorily authorized public defender's lien without prior notice and an opportunity to be heard precludes the defendant from raising the issue on appeal because such error is not fundamental. See Sapp v. State, 24 Fla. L. Weekly D1842 (Fla. 1st DCA, Aug. 3, 1999), review denied, 743 So.2d 14 (Fla. 1999);Locke v. State, 719 So.2d 1249 (Fla. 1st DCA 1998), aff'd, 25 Fla. L. Weekly 5482 (Fla. June 15, 2000). Nonetheless, the statute requiring a defendant to preserve claims for appeal does not apply to juvenile proceedings. See State v. T.M.B., 716 So.2d 269, 270-71 (Fla. 1998) (holding section 924.051(3) inapplicable to juvenile delinquency proceedings). Additionally, juvenile appellants do not have the opportunity to contest the erroneous imposition of costs after receiving notice of the costs in the written judgment as do their adult counterparts pursuant to Florida Rule of Criminal Procedure 3.800(b) (2000). See Maddox v. State, 25 Fla. L. Weekly S367, S373 (Fla. June 11, 2000). For these reasons, we find that the juvenile appellant here is not precluded from appealing the erroneous imposition of a public defender's lien without notice and an opportunity to object where she did not preserve the issue below.
Accordingly, we AFFIRM appellant's adjudication of delinquency and sentence, REVERSE the imposition of the public defender's lien, and REMAND the case to give appellant an opportunity to object to the imposition of the public defender's lien.
KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.