CopyCited 37 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4857
...(1977), provides that the costs of witnesses necessary to the defense be paid by the county. A nonindigent criminal defendant would have to pay the prescribed fees in order to subpoena witnesses, but where the defendant is not convicted, "the fees of witnesses and officers" are to be paid by the county. § 142.09, Fla....
CopyCited 23 times | Published | Supreme Court of Florida | 1999 WL 506972
the "exceptional circumstances" envisioned by section 142.[9] This Court has consistently followed the Restatement
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...The appellant had contended that the costs of witness fees are limited by the provisions of Florida Statutes § 939.07, F.S.A. The appellee takes the position that if the approval of the judge is required to summon witnesses, the approval is only necessary in case of insolvent defendants. The appellee also relies on Section 142.09, Florida Statutes, F.S.A., as authority to require the county to pay for witness fees if a nolle prosequi has been entered....
CopyCited 13 times | Published | Supreme Court of Florida
...icle XVI (Section 9, Article XVI became a statute pursuant to Section 10, Article XII of the schedule of the 1968 constitutional revision). The District Court also referred to and discussed the application of F.S. Sections
939.06, 939.07 and
939.08, Section
142.09, Section
48.021, and Chapter 942, F.S.A., to this case....
CopyCited 7 times | Published | Supreme Court of Florida
...County to pay the fee which the judge had set without the County having the right to question in a court of competent jurisdiction the fee's validity and reasonableness. Instead, we said a "reasonable fee must be paid by the County under Fla. Stat. § 142.09 * * *." We further said: "Section 142.09 is applicable here under its first provision that: `if the defendant is not convicted * * * the fees of witnesses and officers [and the prosecuting attorney is obviously an officer in the prosecution of the two causes] arising from cri...
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7145
...o him by the county.” Petitioner relies on Warren v. Capuano,
269 So.2d 380 (4th D.C.A.Fla.1972), which held that costs of private process, reimbursement for mileage and per diem for out of state witness were taxable costs under F.S. §
939.06 and §
142.09, F.S.A....
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3559
...The question raised is the authority of the Judge to order Dade County to pay the fee which the court set. The Third District Court of Appeal said in its able opinion that the Judge could not, 2 and we agree. However, a reasonable fee must be paid by the County under Fla.Stat. § 142.09, F.S....
...A., 3 just as the costs of the prosecutions must be paid by the County, the payment of the latter having been affirmed by the district court. The provision for compensation in Fla.Stat. § 32.17, F.S.A., cited in the DCA opinion does not apply under the different circumstances here. Section 142.09 is applicable here under its first provision that: “If the defendant is not convicted, * * * the fees of witnesses and officers [and the prosecuting attorney is obviously an officer in the prosecution of the two causes] arising from...
...XVI, § 9, of 1885 (still valid as a “statute” under the “savings clause” of Fla.Const. art. XII, § 10, of 1968) similarly provides that “the legal costs and expenses, including the fees of officers, shall be paid by the counties * * * ” in cases where the defendant “is insolvent or discharged.” Fla.Stat. § 142.09 et seq....
...Payments are to be paid out of the fine and forfeiture fund which is created for this purpose, as provided in these sections. . If defendants had been convicted, the fee would have been payable by the defendants under § 939.01 or by the County under § 142.09 if defendants were insolvent....
