The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Section 320.695 is a civil statute that allows “any motor vehicle dealer in the name of the department and state and for the use and benefit of the motor vehicle dealer” to apply for an injunction against a motor vehicle dealer for violating the Florida Dealer Act. See Fla. Stat. § 320.695. Nowhere in the statute are criminal penalties imposed. See id. BMW NA points to § 320.70 of the Florida Dealer Act, which states that a manufacturer found to have violated Section 320.64 “shall be guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083.” See Fla. Stat. § 320.70. However, the possible criminal implications of § 320.70 are separate and distinct from the civil remedy of injunctive relief afforded in § 320.695, which is the only state statute that is now involved in this case. Thus, there is no basis for BMW NA's argument regarding novel or complex issues of state law better suited for state court.
(b) Is a student currently under suspension or expulsion; and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Mr. Upshur was prejudiced by his appellate counsel's failure to request supplemental briefing after Powers issued. At the time of Mr. Upshur's appeal, the argument raised in Powers was before this court in Archer v. State, 332 So.3d 24 (Fla. 2d DCA 2021). Mr. Archer was also convicted of DUI manslaughter and sentenced to fifteen years in prison with a four-year minimum mandatory term. Id. at 25. While his direct appeal was pending, Mr. Archer filed a rule 3.800(b)(2) motion asserting that the trial court erred in sentencing him to a term of fifteen years' prison without the period of probation required by section 316.193(5). Id. The trial court denied Mr. Archer's motion, reasoning that because section 316.193(3) provides that a person convicted of DUI manslaughter shall be punished as provided in sections 775.082, 775.083, or 775.084 and does not reference section 316.193(5), "punishment is not governed by section 316.193's DUI sentencing requirements." Id. This court disagreed.
Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent, or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner that would allow another person to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
With that in mind, section 775.083(2) provides as follows:
Martina contends that the trial court reversibly erred in imposing a fine and surcharge at sentencing. The trial court imposed a lump sum of $2,765 in court costs. Martina moved for relief under Florida Rule of Criminal Procedure 3.800(b)(2). He argued that the trial court erred when it imposed a $2,000 fine under section 775.083(1), Florida Statutes, and a related $100 surcharge under section 938.04, Florida Statutes, without providing him notice and an opportunity to heard. The trial court did not rule on Martina's motion within sixty days, so it is deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B).
Martina challenges the $1,000 discretionary fine imposed under section 775.083, Florida Statutes, and the $50.00 surcharge imposed under section 938.04, Florida Statutes. Martina preserved this issue by filing a motion under Florida Rule of Criminal Procedure 3.800(b)(2). The trial court did not rule on the motion within sixty days so it is deemed denied. Martina asserts that the trial court erred by not granting his motion.
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
. . . theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . . less than $ 1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . . and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . trial court also orally imposed various fines and costs, including a $ 300 fine pursuant to section 775.083 . . .
. . . admission of a jail call, and the trial court improperly imposed a discretionary fine pursuant to section 775.083 . . .
. . . discretionary and the trial court was thus required to pronounce the statutory authority for the fine, section 775.083 . . .
. . . violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . Vereen argues that the court erred in imposing discretionary fines and surcharges pursuant to sections 775.083 . . .
. . . 2)(b), or (2)(c) 4. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . . conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . . subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . subsection (2): A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s. 775.083 . . . hazing: A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . fine and the child is required to pay $.......... to the Crime Prevention Trust Fund, under section 775.083 . . .
. . . Included in the lump-sum total was a $700.00 fine pursuant to section 775.083, Florida Statutes (2015 . . . Section 775.083 lists all of the fines a trial court may impose, but those fines are not mandatory. . . .
. . . of its duties commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence . . . control It Is The Sentence Of The Court That: ___ The defendant pay a fine of $___, pursuant to section 775.083 . . .
. . . . § 775.083(2). . . . Stat. § 775.083(2)(b) (2003) (providing that "[t]he fine is $50 for a felony ... . . . Stat. § 775.083(2) (2004) (providing that "[t]he court costs imposed by this section shall be $50 for . . .
. . . See § 775.083(1)(c), Fla. Stat. (2016). Reversed and remanded. Warner, May and Forst, JJ., concur. . . .
. . . enter; ... (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . . § 775.083(3)(c), Fla. Stat. (2015). In all other respects, we affirm. . . .
. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . . Id. §§ 316.183(7), 775.082(5), 775.083(1)(e). . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . .
. . . in failing to give him notice and an opportunity to object to the fine imposed pursuant to section 775.083 . . .
. . . to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . Additionally, the court imposed a $342.86 fine pursuant to section 775.083, as well as a related $17.14 . . . State , 84 So.3d 424, 426 (Fla. 1st DCA 2012) ("The fine authorized by section 775.083(1) is discretionary . . .
. . . the first degree, punishable for a term of years not exceeding life or as provided in s. 775.082, s. 775.083 . . . than the completed offense) as "a felony of the second degree, punishable as provided in s. 775.082, 775.083 . . . . (3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083 . . . For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083 . . . or s. 775.084. (9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083 . . .
. . . State , 84 So.3d 424, 425-26 (Fla. 1st DCA 2012) (reversing fines imposed pursuant to sections 775.083 . . .
. . . weapon, then the robbery is a felony of the first degree, punishable ... as provided in s. 775.082, s. 775.083 . . .
. . . interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . . weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . . defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . . bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . .
. . . , which felony shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083 . . . which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083 . . .
. . . animal for another animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . . $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . . $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . . communication is sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . pertinent part: Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083 . . .
. . . persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . written judgments and sentences for each of the six cases: a discretionary fine pursuant to section 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . .
. . . under indictment is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . sub-subpara-graph commits a misdemeanor of the first degree, punishable-as provided in s. 775.082 or s. 775.083 . . .
. . . system shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . . beach shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . This lump sum included the felony fine pursuant to section 775.083, Florida Statutes, and the five percent . . .
. . . license is revoked is guilty of a felony of the third degree, •punishable as provided in s. '775.082, s. 775.083 . . .
. . . in volume ... is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 . . .
. . . except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 . . .
. . . If so, then Appellant would fínd herself facing up to sixty years in prison, see §§ 775.083(3)(d), 800.04 . . .
. . . A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (I . . . : Vehicular homicide is: (b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . State, 103 So.3d 1058, 1058 (Fla. 1st DCA 2013) (holding a fine pursuant to section 775.083 was discretionary . . .
. . . fines, fees, costs, and surcharges as a lump sum, including a discretionary fine pursuant to section 775.083 . . .
. . . was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083 . . .
. . . paragraph (a) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082. or s. 775.083 . . .
. . . lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . . than 12 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . . than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . . or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . , shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . or chapter 319 commits a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083 . . .
. . . .; see also §§ 775.082, 775.083, Fla. Stat (2012). Prior to trial in the County Court of St. . . . this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . .
. . . process, shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083 . . .
. . . However, a fine pursuant to section 775.083, Florida Statutes (2014), is discretionary, and may not be . . .
. . . serious bodily harm commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . .
. . . weapon, then the robbery is a felony of the first degree, punishable ... as provided in s. 775.082, s. 775.083 . . .
. . . communication is sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . (b) Commits a misdemeanor of the second degree, punishable as provided in s. 775.083. . . .
. . . another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . The written judgment reflected a discretionary fee of $342.86 pursuant to section 775.083, Florida Statutes . . . was insufficient to notify the appellant of the discretionary fine and surcharge pursuant to section 775.083 . . .
. . . violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083 . . .
. . . section shall be guilty of a misdemeanor of the second dégree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . violates this subsection commits a felony of the third degree, punishable as provided in s, 775.082, s. 775.083 . . .
. . . by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083 . . . weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083 . . . weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . concedes that the trial court erred when it imposed a $125.72 fine and $6.28 surcharge under sections 775.083 . . .
. . . license is revoked is guilty of a felony of the third degree, punishable as provided in s, 775.082, s. 775.083 . . .
. . . defender lien pursuant to sections 27.562 and 938.29, Florida Statutes, a $200 fine pursuant to section 775.083 . . . Stat. (2014) (mandating a $50 application fee); § 775.083(1), Fla. . . . 177 So.3d 984, 985-88 (Fla. 1st DCA 2015) (en banc) (explaining that the fíne authorized by section 775.083 . . .
. . . any sexual conduct, commits a felony of the second degree, punishable as provided, in s. 775.082, s. 775.083 . . .
. . . battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . compensation, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s.775.083 . . .
. . . any sexual conduct', commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . . any sexual conduct, commits a felony of the second degree, punishable as provided in s. 775.082, s. '775.083 . . .
. . . mandatory costs, the written judgment reflected a discretionary cost of $342.86 pursuant to section 775.083 . . . This court has held repeatedly that the fine authorized by section 775.083 is a discretionary fine which . . .
. . . facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .
. . . remand with instructions for the circuit court to strike the discretionary fine pursuant to. section 775.083 . . . A fine imposed pursuant to section 775.083 is discretionary and must be orally pronounced. . . .
. . . lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . Section 775.083(1), Florida Statutes (2013), provides a reference point for fines in criminal proceedings . . . $1000 for a first-degree misdemeanor conviction, and $500 for a second-degree misdemeanor conviction. § 775.083 . . . However, section 775.083(l)(g) also authoi’izes “higher amount[s] specifically authorized by statute. . . . As in the forfeiture context, fines of . a greater amount than authorized by section 775.083 should receive . . .
. . . battery commits a felony of the third degree, punishable as provided in s[ection] 775.082, s[ection] 775.083 . . .
. . . under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . violates this subsection commits a felony of the third degree, punishable as provided in § 775.082, § 775.083 . . . siren and lights activated commits a felony of the third degree, punishable as provided in § 775.082, § 775.083 . . .
. . . than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . justice, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 . . .
. . . Significantly, section 775.083(g) authorizes the imposition of'fines in “[a]ny higher amount specifically . . . Section 775.083(6) directs that $500 of the $5,000 civil penalty be used to pay the administrative costs . . .
. . . another person commits a misdemeanor - of the second degree, punishable as provided in s. 775.082 or s. 775.083 . . .