Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012). · Go Syfert
Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012). Cases Citing This Book View Copy Cite
“by contrast, , discretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.”
77 citation events (77 in the last 25 years) across 2 distinct courts.
Strongest positive: Leroy Hamilton v. State of Florida (fladistctapp, 2026-02-26)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 42 distinct citers.
discussed Cited as authority (verbatim quote) Leroy Hamilton v. State of Florida
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
statutorily-mandated costs may be imposed without notice and, thus, need not be specifically pronounced at the sentencing hearing.
discussed Cited as authority (verbatim quote) Robert Everett Allen v. State of Florida
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
statutorily-mandated costs may be imposed without notice and, thus, need not be specifically pronounced at the sentencing hearing.
discussed Cited as authority (verbatim quote) Gianino v. State of Florida (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
iscretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.
discussed Cited as authority (verbatim quote) RUBY LEE MCGRIFFCOLEBROOK v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
statutorily-mandated costs may be imposed without notice and, thus, need not be specifically pronounced at the sentencing hearing.
discussed Cited as authority (verbatim quote) Logan Brooks Drinkard v. State of Florida
Fla. Dist. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
by contrast, , discretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.
discussed Cited as authority (rule) LaGregory Tasavion Jaquan Grigges v. State of Florida
Fla. Dist. Ct. App. · 2024 · confidence medium
A defendant has a right to have discretionary fines “orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.” Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) James Farrell Davis Jr. v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Nix v. State, 84 So. 3d 424, 436 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Roger N. Rosier v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
The State concedes that the fine and surcharge must be stricken, but on remand the “trial court may reimpose the fine and surcharge after providing notice to [the defendant] and following the proper procedure.” Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012); see also Simmons v. State, 196 So. 3d 1287, 1288 (Fla. 1st DCA 2016).
discussed Cited as authority (rule) Deontra R. French v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
We then conducted our own full review, see State v. Causey, 503 So. 2d 321, 323 (Fla. 1987) (“[P]ursuant to Anders, in order to assure indigents fair and meaningful appellate review, the appellate court must examine the record to the extent necessary to discover any errors apparent on the face of the record.”), which led to the discovery of an error regarding costs imposed at sentencing, see Nix v. State, 84 So. 3d 424, 425-26 (Fla. 1st DCA 2012) (reversing fines imposed pursuant to sections 775.083 and 938.04 because the fines were not specifically pronounced at the sentencing hearing).
cited Cited as authority (rule) Glynn T. Murphy v. State of Florida
Fla. Dist. Ct. App. · 2017 · confidence medium
Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Murphy v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
This fine and surcharge must be individually and specifically pronounced at sentencing, Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Cooler v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Cooler v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Shawn Demontrn Cooler v. State of Florida
Fla. Dist. Ct. App. · 2017 · confidence medium
Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Shawn Demontrn Cooler v. State of Florida
Fla. Dist. Ct. App. · 2017 · confidence medium
Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Alexis v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Further, a public defender fee amount that exceeds the statutory minimum fee thereby becomes discretionary and accordingly “‘must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.’ ” Mills v. State, 177 So.3d 984, 985 (Fla. 1st DCA 2015) (quoting Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012)).
cited Cited as authority (rule) Mojica v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
See Cruz v. State, 830 So.2d 892, 892-93 (Fla. 2d DCA 2002); Nix v. State, 84 So.3d 424, 425-26 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Mills v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2015 · confidence medium
By contrast, discretionary costs must be orally pronounced at sentencing because such costs- may not be imposed without affording the defendant notice and an opportunity to be heard.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012) (citation omitted).
discussed Cited as authority (rule) Welch v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2015 · confidence medium
We have held that “discretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Abrakata v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
With respect to the third issue, we accept the State’s confession of error and reverse the imposition of the $195.24 fine and $9.76 surcharge imposed pursuant to sections 775.083(1) and 938.04, Florida Statutes (2010), because those amounts were not orally pronounced by the trial court at the sentencing hearing. 3 See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Yanco Peterson v. State of Florida
Fla. Dist. Ct. App. · 2014 · confidence medium
See DeSalvo v. State, 107 So.3d 1185, 1187 (Fla. 1st DCA 2013); Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Adams v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
In his motion to correct his sentence, under rule 3.800(b)(2), Appellant asserted the trial court erred by not orally pronouncing each individual discretionary cost comprising “court costs.” See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited as authority (rule) Ogden v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) Colson v. State (2×)
Fla. Dist. Ct. App. · 2013 · confidence medium
Because the fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of the fine, must also be reversed. 3 See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited as authority (rule) DeSalvo v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
On remand, the trial court may reimpose the stricken fíne, surcharges, and indigent legal assistance fees after following the appropriate procedures, see Harris v. State, 100 So.3d 245, 246 (Fla. 1st DCA 2012) (indigent legal assistance fee); Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012) (discretionary fines and surcharges), but the court may not reimpose the stricken investigative costs because they were not requested by the State. 3 See Vaughn v. State, 65 So.3d 138 (Fla. 1st DCA 2011); but see Love v. State, 992 So.2d 823 (Fla. 2d DCA 2008).
discussed Cited as authority (rule) Giles v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
“The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited "see" Bookertee Hartfield v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited "see" William G. Anderson v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Nix v. State, 84 So. 3d 424 , 426 & n.2 (Fla. 1st DCA 2012) (noting it may be an imprudent use of judicial resources to conduct further proceedings to impose a fine on a defendant who is serving a lengthy prison sentence).
discussed Cited "see" Jon Paul Hogle v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Nix v. 4 State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012) (“The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing. . . .
cited Cited "see" Woodson v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012); Williams v. State, 82 So.3d 186 (Fla. 1st DCA 2012).
cited Cited "see" Tyrone Woodson v. State of Florida
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012); Williams v. State, 82 So. 3d 186 (Fla. 1st DCA 2012).
cited Cited "see" Henderson v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited "see" Cain v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012), On remand, the trial court may reimpose the FDLE Operating Trust Fund cost after following the proper procedure.
cited Cited "see" William Henry Cain v. State of Florida
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
cited Cited "see" Cortez Ford v. State of Florida
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited "see" Robert B. Talbot v. State of Florida (2×)
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited "see" Everly Scott Lippwe v. State of Florida
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012).
cited Cited "see" Floyd v. State
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
discussed Cited "see" Boyington v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012) (holding it was error to impose discretionary fine without specifically pronouncing it at sentencing and reversing without prejudice to reimpose the fine following proper procedures); Bright v. State, 689 So.2d 1285 (Fla. 1st DCA 1997) (reversing imposition of costs without prejudice for reimposition of statutorily authorized costs after proper notice and hearing); Smiley v. State, 704 So.2d at 195 (reversing imposition of a lump sum of $1,500 in court costs and fines without prejudice to the trial court reimposing authorized sums after follow…
cited Cited "see" Sharpe v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Nix v. State, 84 So.3d 424 , 426 n. 2 (Fla. 1st DCA 2012).
cited Cited "see" Clussman v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
cited Cited "see, e.g." Jeremy James Odom v. State of Florida
Fla. Dist. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012).
Alexander L. NIX, Appellant,
v.
STATE of Florida, Appellee
1D11-8.
District Court of Appeal of Florida, First District.
Apr 2, 2012.
84 So. 3d 424
Jeffrey E. Lewis, Regional Conflict Counsel, Sheila Callahan, Assistant Regional Conflict Counsel, of the Office of Criminal Conflict & Civil Regional Counsel, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, and Giselle D. Lylen, Assistant Attorney General, Tallahassee, for Appellee.
Wetherell, Padovano, Lewis.
Cited by 46 opinions  |  Published
WETHERELL, J.

Appellant raises three issues in this direct appeal of his conviction and sentence: 1) that section 893.13, Florida Statutes, is facially unconstitutional; 2) that the trial court erred in denying his motion for judgment of acquittal; and 3) that the trial court erred in imposing a discretionary fine and surcharge that had not been orally pronounced. We affirm the first issue based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011), affirm the second issue without further comment, and reverse the third issue for the reasons that follow.

The jury found Appellant guilty of sale of cocaine and resisting an officer without violence. The trial court adjudicated Appellant guilty and sentenced him to 15 years on the cocaine offense and time served on the resisting offense. At sentencing, the court orally pronounced “costs and fines” of $1,522.50, along with $100 for cost of prosecution, $100 for “defense litigation fee,” [1] and $50 for the public defender application fee.

Appellant did not object to the imposition of these costs and fines at sentencing. He did, however, file a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) in which he argued that the $1,050 fine and $52.50 surcharge reflected in the written judgment and sentence should be stricken because they were not specifically pronounced at sentencing. The trial court denied the motion, finding that this claim was waived.

The record does not support the trial court’s finding of waiver. Nor is there any merit to the State’s argument that this issue was not properly preserved for appellate review. Appellant preserved the issue through his rule 3.800(b)(2) motion. See Jackson v. State, 983 So.2d 562, 574 (Fla.2008); Carter v. State, 791 So.2d 525, 526-27 (Fla. 1st DCA 2001).

[*426] Statutorily-mandated costs may be imposed without notice and, thus, need not be specifically pronounced at the sentencing hearing. See Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994). By contrast, discretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard. See Smiley v. State, 704 So.2d 191, 195 (Fla. 1st DCA 1997); Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996) (citing Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995)).

Here, the trial court orally pronounced a lump sum of $1,522.50 of costs and fines. The oral pronouncement did not delineate the specific costs and fines included in this amount. The written judgment and sentence reflect that $420 of this amount was for statutorily-mandated costs. The remainder was comprised of a $1,050 fine pursuant to section 775.083(1), Florida Statutes, and the associated surcharge of $52.50 pursuant to section 938.04, Florida Statutes.

The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing. See Reyes, 655 So.2d at 116. Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).

On remand, the trial court may reimpose the fine and surcharge after providing notice to Appellant and following the proper procedure. [2] Accord Williams v. State, 82 So.3d 186 (Fla. 1st DCA 2012) (reversing judgment for fines, costs and surcharges “because the trial court failed to delineate the discretionary fine(s) when announcing at sentencing that it would impose $1,522.50 in costs and fines,” and stating that the assessments may be reimposed on remand after giving Appellant notice and following the proper procedure); see also Oliver v. State, 75 So.3d 349, 350 (Fla. 1st DCA 2011) (reversing the imposition of discretionary fines and authorizing the court to reimpose the fines on remand “by following the proper procedure, which includes individually announcing each assessment and the authority for each”); Terry v. State, 791 So.2d 1162, 1163 (Fla. 1st DCA 2001) (reversing imposition of $2 discretionary cost and stating that the trial court may reimpose the cost “after complying with the ‘procedural safeguards’ set forth in Reyes ”); Smiley, 704 So.2d at 195 (reversing imposition of “a lump sum of $1,500 in ‘court costs and fines’ ” without prejudice to the trial court reimposing authorized sums after following the appropriate procedure).

AFFIRMED in part; REVERSED in part; and REMANDED.

PADOVANO and LEWIS, JJ., Concur.
1

. The written judgment and sentence reflects that this is the indigent legal assistance fee mandated by section 938.29(1), Florida Statutes.

2

. We question whether it is a prudent use of judicial resources to conduct further proceedings to impose an additional $1,102.50 on an indigent defendant who is serving a 15-year prison sentence, but we recognize that this is an issue for the trial court to consider in the first instance. If the trial court elects not to reimpose the fine and surcharge, it should enter a corrected judgment and sentence striking these amounts. Cf. Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011) (remanding for entry of a corrected judgment striking improperly imposed fines); Pullam, 55 So.3d at 675 (same).