section 943.25(13) discretionary cost (Florida) · Go Syfert
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section 943.25(13) discretionary cost in Florida

36 Florida opinions name it 2 courts 1983–2015 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Reyes v. Stategreen
fladistctapp · 1995 · cited in 15 Florida opinions naming this issue, 1995–2015
2 sentences

2015The decision in Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), superseded, by statute on other grounds as recognized in Waller v. State, 911 So.2d 226, 227 (Fla. 2d DCA 2005), which is discussed in the majority opinion, does not address the issue of imposition of costs per case or per count; rather, it simply discusses the procedure that should be followed in imposing mandatory costs.

1997See Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995) (en banc).

815
Sutton v. Stategreen
fladistctapp · 1994 · cited in 2 Florida opinions naming this issue, 1995–1996
2 sentences

1996See Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).

1995See Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).

22
Jenkins v. Stategreen
fla · 1984 · cited in 8 Florida opinions naming this issue, 1987–1989
2 sentences

1988In Jenkins v. State, 444 So.2d 947 (Fla. 1984), we held that costs under sections 943.25 and 960.20, Florida Statutes (1981), cannot be imposed against an indigent defendant without prior notice and a hearing.

1987Second, appellant correctly points out that the trial court did not afford him notice or a hearing before assessing costs under section 943.25(8), as required by Jenkins v. State, 444 So.2d 947 (Fla.1984).

18
Jones v. Stategreen
fladistctapp · 1996 · cited in 2 Florida opinions naming this issue, 1997–1997
2 sentences

1997Jones v. State, 674 So.2d 188, 189 (Fla. 2d DCA 1996) (imposition of a $2 cost pursuant to section 943.25(13), Florida Statutes (1993), is discretionary and must be orally pronounced at sentencing).

1997See Williams v. State, 697 So.2d 584 (Fla. 4th DCA 1997); Jones v. State, 674 So.2d 188 (Fla. 2d DCA 1996).

12
Wallace v. Stategreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2015–2015
2 sentences

2015Id.

2015In Wallace v. State, 637 So.2d 385, 385 (Fla. 5th DCA 1994), relying on Hollingsworth , we held that court costs were to be assessed per case under section 27.3455(1), Florida Statutes (1991), and section 960.20, Florida Statutes (1991), which similarly required additional costs to be imposed “in the case.” However, we affirmed the assessment of costs pursuant to section 943.25, Florida Statutes (1991), on a per count basis, although that statute required costs to be assessed against “every person” convicted of specified crimes.

11
Waller v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015The decision in Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), superseded, by statute on other grounds as recognized in Waller v. State, 911 So.2d 226, 227 (Fla. 2d DCA 2005), which is discussed in the majority opinion, does not address the issue of imposition of costs per case or per count; rather, it simply discusses the procedure that should be followed in imposing mandatory costs.

11
Williams v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Williams v. State, 697 So.2d 584 (Fla. 4th DCA 1997); Jones v. State, 674 So.2d 188 (Fla. 2d DCA 1996).

11
Simmons v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996See Simmons v. State, 662 So.2d 754 (Fla. 4th DCA 1995).

11
Williams v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995See Williams v. State, 591 So.2d 295 (Fla. 4th DCA 1991).

11
Siplin v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992See Siplin v. State, 584 So.2d 599 (Fla. 2d DCA 1991).

11
Anderson v. Stategreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983See Anderson v. State, 415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section 943.25 See Mobley v. State, 414 So.2d 25 (Fla. 1st DCA 1982); Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981); Jones v. State, 389 So.2d 1092 (Fla. 4th DCA 1980); Jones v. State, 388 So.2d 316 (Fla. 4th DCA 1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Brooks v. State green
fladistctapp · 1986
2 sentences

1987Brooks v. State, 490 So.2d 173 (Fla. 5th DCA 1986) citing Jenkins v. State, 444 So.2d 947 (Fla.1984).

1987See Jenkins v. State, 444 So.2d 947 (Fla. 1984); Brooks v. State, 490 So.2d 173 (Fla. 5th DCA 1986).

31987–1987
Brooks v. State green
fladistctapp · 1996
2 sentences

1996Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996).

1996E.g., Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996).

21996–1996
State v. Yost green
fla · 1987
2 sentences

1987However, should a new trial result in defendant’s conviction, the trial court will find the supreme court’s recent decision in State v. Yost, 507 So.2d 1099 (Fla.1987), determinative on assessment of costs under section 27.3455 and may find our recent decision in Sescon v. State, 506 So.2d 45 (Fla. 2d DCA 1987) instructive on assessment of costs under sections 943.25 and 960.20.

1987Yost v. State, 489 So.2d 131 (Fla. 5th DCA), approved as modified, 507 So.2d 1099 (Fla.1987).

21987–1987
Jones v. State green
fladistctapp · 1995
1 sentence

1996See Reyes; Jones v. State, 666 So.2d 191 (Fla. 2d DCA 1995).

11996–1996
Mays v. State green
fla · 1988
1 sentence

1989Jenkins v. State, 444 So.2d 947 (Fla.1984), and Mays v. State, 519 So.2d 618 (Fla.1988).

11989–1989
Sescon v. State green
fladistctapp · 1987
1 sentence

1987However, should a new trial result in defendant’s conviction, the trial court will find the supreme court’s recent decision in State v. Yost, 507 So.2d 1099 (Fla.1987), determinative on assessment of costs under section 27.3455 and may find our recent decision in Sescon v. State, 506 So.2d 45 (Fla. 2d DCA 1987) instructive on assessment of costs under sections 943.25 and 960.20.

11987–1987
Yost v. State green
fladistctapp · 1986
1 sentence

1987Yost v. State, 489 So.2d 131 (Fla. 5th DCA), approved as modified, 507 So.2d 1099 (Fla.1987).

11987–1987
Burrow v. State neutral
fladistctapp · 1986
1 sentence

1987Burrow v. State, 487 So.2d 77 (Fla. 2d DCA 1986).

11987–1987
Jones v. State neutral
fladistctapp · 1980
1 sentence

1983See Anderson v. State, 415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section 943.25 See Mobley v. State, 414 So.2d 25 (Fla. 1st DCA 1982); Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981); Jones v. State, 389 So.2d 1092 (Fla. 4th DCA 1980); Jones v. State, 388 So.2d 316 (Fla. 4th DCA 1980).

11983–1983
Jones v. State green
fladistctapp · 1980
1 sentence

1983See Anderson v. State, 415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section 943.25 See Mobley v. State, 414 So.2d 25 (Fla. 1st DCA 1982); Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981); Jones v. State, 389 So.2d 1092 (Fla. 4th DCA 1980); Jones v. State, 388 So.2d 316 (Fla. 4th DCA 1980).

11983–1983
Mobley v. State neutral
fladistctapp · 1982
1 sentence

1983See Anderson v. State, 415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section 943.25 See Mobley v. State, 414 So.2d 25 (Fla. 1st DCA 1982); Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981); Jones v. State, 389 So.2d 1092 (Fla. 4th DCA 1980); Jones v. State, 388 So.2d 316 (Fla. 4th DCA 1980).

11983–1983
Kimble v. State green
fladistctapp · 1981
1 sentence

1983See Anderson v. State, 415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section 943.25 See Mobley v. State, 414 So.2d 25 (Fla. 1st DCA 1982); Kimble v. State, 396 So.2d 815 (Fla. 4th DCA 1981); Jones v. State, 389 So.2d 1092 (Fla. 4th DCA 1980); Jones v. State, 388 So.2d 316 (Fla. 4th DCA 1980).

11983–1983

Statutes the citing opinions construe

FL § 943.25 (36)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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