CopyCited 576 times | Published | Supreme Court of Florida
...burglary, kidnaping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb, it shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in section
775.082, section
775.083, or section
775.084." (Emphasis supplied) Fla....
CopyCited 174 times | Published | Supreme Court of Florida
...al corporation or any political subdivision who violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." (emphasis added) The role of the Advisory Planning Committee was well defined by the learned trial judge in a memorandum order: "This was an ad hoc committee of local residents familiar with the character, historical background and desired future development of the Town....
CopyCited 92 times | Published | Supreme Court of Florida
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. "(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." Under the provisions of this statute, the elements of the offense are: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; (2) such loitering and prowling were under circumst...
CopyCited 84 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 12941, 2007 WL 1597855
...n the execution of legal process or in the
lawful execution of any legal duty, by offering or doing violence to the person of such officer or
legally authorized person, is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Fla....
CopyCited 61 times | Published | Supreme Court of Florida
...execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 59 times | Published | Supreme Court of Florida | 2002 WL 1448825
...us attached upon conviction or adjudication of delinquency. We also note that in other instances when the Legislature intended adjudications of delinquency to operate in the same manner as a criminal conviction it has expressly stated so. See, e.g., § 775.083(2)(a), Fla....
CopyCited 56 times | Published | Supreme Court of Florida | 1996 WL 606773
...at 316; see also §
775.084(4)(e), Fla. Stat. (1989) ("A sentence imposed under this section shall not be subject to the provisions of s. 921.001."). The substantive offenses of which King was convicted, burglary and robbery, are punishable "as provided in s.
775.082, s.
775.083, or s.
775.084." §§
810.02,
812.13, Fla. Stat. (1989) (emphasis added). Section
775.082 specifies the maximum term of imprisonment permissible for each classification of offense. Section
775.083 details the maximum fines applicable to designated crimes and noncriminal violations. Both imprisonment under section
775.082 and a fine *1140 under section
775.083 may be imposed for a single offense because section
775.083 specifically provides that "[a] person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s.
775.082." §
775.083(1), Fla....
CopyCited 56 times | Published | Florida 3rd District Court of Appeal | 4 Media L. Rep. (BNA) 2102
...al corporation or any political subdivision who violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." The courts of this State have been called upon on frequent occasions to interpret the legislative intent underlying the Sunshine Law....
CopyCited 55 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 3d 1021, 1992 U.S. App. LEXIS 14, 1992 WL 8
...See Fla.Stat. §§
490.012(3),
491.012(3). Penalties for the use of the term "psychologist" by an unlicensed practitioner include imprisonment not exceeding one year, see Fla.Stat. §
775.082, and a criminal fine not exceeding $1,000, see Fla.Stat. §
775.083....
CopyCited 46 times | Published | Florida 1st District Court of Appeal | 2012 WL 1070000, 2012 Fla. App. LEXIS 5007
...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....
CopyCited 45 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4389
...there are automatic warning devices properly functioning or at which there is adequate lighting. (2) A person who violates any of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." Burnsed, petitioner-herein, submits, and we agree, that Section 357.08, Florida Statutes, is clearly within the proper and reasonable exercise of the state's police power, that a great discretion is vested in the legislature to determine...
CopyCited 45 times | Published | Supreme Court of Florida
...urglary, kidnapping, aircraft piracy, or the unlawful throwing, placing, or discharging of a destructive device or bomb, it shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Specific instructions were not discussed at the conference....
CopyCited 42 times | Published | Supreme Court of Florida
...ovision is made by law for the punishment of such attempt, be punished as follows: (1) If the offense attempted is a capital or life felony, the person convicted shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." (This seems to indicate that attempts generally contemplate attempts to commit capital crimes such as first degree murder.) [5] Rule 3.510....
CopyCited 40 times | Published | Supreme Court of Florida
...ns who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in Section
775.082 or Section
775.083." [2] "All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in Section
775.082, Section
775.083, or Section
775.084." Fla....
CopyCited 40 times | Published | Supreme Court of Florida
...and shall be preserved for a period of three (3) years after sale. (2) A failure to keep the records required under this section and for the period of time required shall be a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 35 times | Published | Supreme Court of Florida
...r the performance of any other public work in which the said officer was a party to the letting, and any person who violates the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083."
CopyCited 33 times | Published | Florida 4th District Court of Appeal | 1989 WL 9141
...hool. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in section
893.03(1)(a), (1)(b)(1)(d), (2)(a), or (2)(b) is guilty of a felony of the first degree, punishable as provided in section
775.082, section
775.083, or section
775.084. 2. A controlled substance named or described in section
893.03(1)(c), (2)(c), (3), or (4) is guilty of a felony of the second degree, punishable as provided in section
775.082, section
775.083, or section
775.084....
CopyCited 33 times | Published | Supreme Court of Florida
...urglary, kidnapping, aircraft piracy, or the unlawful throwing, placing, or discharging of a destructive device or bomb, it shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 22902
...Florida law provides, in pertinent part, as follows: If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in section
775.082, section
775.083, or section
775.084....
CopyCited 30 times | Published | Supreme Court of Florida
...on who: (a) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication; ... . shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, §
775.083, or §
775.084....
CopyCited 30 times | Published | Supreme Court of Florida
...nd to cause any such person under the age of eighteen years to become or to remain a dependent or delinquent child, as defined under the laws of this state shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." The trial court correctly upheld the constitutionality of this statute....
...ame, and of the defendant, shall be admissible in evidence in support of the charge. (5) Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." Appellant argues that Section
796.07, Florida Statutes, F.S.A., is unconstitutional because the term lewdness is vague....
CopyCited 28 times | Published | Supreme Court of Florida
...(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084. (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084. (c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 27 times | Published | Supreme Court of Florida
...oid payment for long distance telecommunication services, any electronic device capable of duplicating tones or sound utilized in long distance telecommunications shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." On March 3rd, 1975, Gordon Palmer, a commercial pilot for Eastern Airlines, was in the terminal building at Miami International Airport on a layover between flights....
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit
...The state trial court entered a judgment sentencing Chamblee to 25 years in prison and ordering him to pay three different sums that are relevant to this appeal: (1) a $225 court cost under Fla. Stat. §
938.05 ; (2) a $20 court cost under Fla. Stat. §
938.06 ; and (3) a $50 fine under Fla. Stat. §
775.083 (2)....
...For these reasons, we AFFIRM . The 2003 version of the Florida Statutes applicable in Chamblee's case referred to the $50 assessment as a "fine," but the statute was amended in 2004 and reclassified the $50 assessment as a "court cost." Compare Fla. Stat. § 775.083 (2)(b) (2003) (providing that "[t]he fine is $50 for a felony ... [and] the court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from being rehabilitated or making restitution"), with Fla. Stat. § 775.083 (2) (2004) (providing that "[t]he court costs imposed by this section shall be $50 for a felony")....
CopyCited 26 times | Published | Supreme Court of Florida
...or occupied by any person, or any boat, vessel, ship or barge lying in or plying the waters of this state, or aircraft flying through the air space of this state shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [2] Connally v....
CopyCited 25 times | Published | Supreme Court of Florida
...If so, the crime is a misdemeanor of the first degree; if not, a misdemeanor of the second degree. The statute follows: "784.05 Culpable negligence (1) Whoever, through culpable negligence, exposes another person to personal injury shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084. (2) Whoever through culpable negligence inflicts actual personal injury on another shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084." In defense of the trial court order Greene argues that the members of the public cannot be expected to understand the meaning of "culpable negligence" and therefore cannot know what acts are proscribed by the statute....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 24907
...ho falsely or fraudulently makes any certificate as a notary public or who falsely takes or receives an acknowledgement of the signature on any written instrument shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 24 times | Published | Supreme Court of Florida
...ired to depose the truth in any proceeding in a court of justice, commits perjury, shall, if the perjury is committed on the trial of an indictment for a capital crime, be guilty of a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084; and if committed in any other case, guilty of a felony of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 24 times | Published | Supreme Court of Florida
...ADKINS, J., dissents. NOTES [1] Said section provides: "790.01 Carrying concealed weapons "(1) Whoever shall carry a concealed weapon on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083. "(2) Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 23 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 19948, 17 Fla. L. Weekly Fed. D 1
...Court will analyze is the disparity between the punitive damages awarded by the jury in this case and the civil penalties authorized or imposed in comparable cases. *1280 In that regard, there are two relevant statutes. First, pursuant to Fla. Stat. § 775.083, defendants convicted of theft may be sentenced to pay a fine of $10,000....
...(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property ... If the property stolen is valued at $100,000 or more ... the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in ...
775.083... Florida Statute §
775.083 provides, in pertinent part, that "[f]ines for designated crimes and for noncriminal violations" shall not exceed "$10,000 when the conviction is of a felony of the first or second degree." [45] Florida Statute §
772.11(1), the civil sect...
CopyCited 22 times | Published | Supreme Court of Florida
...(2) If the offender be not armed, nor arm himself with a dangerous weapon as aforesaid, nor have with him nor take into his possession any high explosive as aforesaid, nor make an assault upon any person lawfully in said building, he shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...§ 810.03: Whoever enters without breaking, any dwelling house, or any of the buildings or structures mentioned in §§ 810.01 and
810.02 or into any ship or vessel, with intent to commit a felony, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084. If the offender entered having with him, or having entered, takes into his possession, any high explosive mentioned in § 810.01, he shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 21254919
...re at the time open to the public or the defendant
is licensed or invited to enter or remain.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not
exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084, if, in the
course of committing the offense, the offender:
(a) Makes an assault or battery upon any person.
(b) Is armed, or arms himself within such structure or conveyance, with explosives or a
dangerous weapon.
(3) If...
...and the structure or conveyance entered is a dwelling or there is a human being in the structure or
conveyance at the time the offender entered or remained in the structure or conveyance, the
burglary is a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084. Otherwise, burglary is a felony of the third degree, punishable as provided in §
775.082,
§
775.083, or §
775.084.
10
committed not for profit....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 2083, 1988 WL 6559
...that he possessed jurisdiction over the matter, or that his official action was necessary to achieve the person's purpose. 133 (3) Any person who commits bribery is guilty of a felony in the third degree, punishable as provided in Sec.
775.082, Sec.
775.083, or Sec....
...ublic duty of the public servant whose action or omission was sought to be rewarded or compensated. 139 (4) Whoever violates the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in Sec.
775.082, Sec.
775.083, or Sec....
CopyCited 21 times | Published | District Court, M.D. Florida | 1975 U.S. Dist. LEXIS 12228
...into the jail or into his custody a prisoner lawfully directed to be committed thereto on a criminal charge or conviction, or any lawful process whatever, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 20 times | Published | Supreme Court of Florida
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." Defendant refers to Severson v....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 4475
...A juvenile who has been adjudicated delinquent has not been “convicted,” and is not a “criminal.” See §
985.35(6), Fla. Stat. (2007) 1 ; see also A.M.P. v. State, 927 *
424 So.2d 97, 100 (Fla. 5th DCA 2006) (stating that “an adjudication of delinquency does not qualify as a ‘conviction’ for purposes of section
775.083”) (Florida Statutes); State v....
CopyCited 17 times | Published | Supreme Court of Florida
...rdian of such child who shall by neglect of duty as such parent or legal guardian encourage, cause, or contribute to the dependency or delinquency of such child, is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083; provided the court may suspend sentence for a violation of the provisions of this section and impose conditions as to the conduct, in the premises, of any person so convicted, and made suspension to depend upon the fulfillment by the pers...
CopyCited 17 times | Published | Supreme Court of Florida
...ADKINS, HATCHETT and KARL, JJ., concur. OVERTON, C.J., and ENGLAND, J., dissent. NOTES [1] Fourteenth Amendment to the U.S. Constitution. [2] Art. I, § 9, Fla. Const. [3] §
838.014(4), Fla. Stat. [4] § 839.25(1)(c), Fla. Stat. [5] §
775.082, Fla. Stat. [6] §
775.083, Fla....
CopyCited 17 times | Published | Supreme Court of Florida
...tery upon any child under the age of sixteen years, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to such child is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." By Chapter 75-298, Laws of Florida, this statute was amended and renumbered
827.03....
CopyCited 17 times | Published | Supreme Court of Florida
...Ecker,
311 So.2d 104 (Fla. 1975). The subject statute, Section
870.01(2), Florida Statutes (1973), reads as follows: "All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." The term "riot" is not defined in the statute and, therefore, the common law definition must be applied....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal
...al corporation or any political subdivision who violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." The indictment alleged that Wolfson "while serving as an elected City Commissioner of the City Commission of Lake Wales, Florida, a municipal corporation, did meet with other City Commissioners and/or City Officials and/or Staff of the C...
CopyCited 16 times | Published | Supreme Court of Florida
...attempt to commit sexual battery upon said person commits a capital felony punishable as provided in ss.
775.082 and
921.141. If the offender is under the age of 18, that person shall be guilty of a life felony, punishable as provided in §
775.082, §
775.083, or §
775.084." "Sexual battery" is defined in Section
794.011(1)(f), Florida Statutes to mean "....
CopyCited 16 times | Published | Supreme Court of Florida | 2002 WL 1338538
...Wilson v. State,
752 So.2d 1227 (Fla. 5th DCA 2000) (observing that section
812.014(2)(d), Florida Statutes (1991)which had previously provided that sentencing for felony petit theft was required under section
775.082 (general criminal penalties), section
775.083 (criminal fines) or section
775.084 (habitual offenders) was amended, and the reference to section
775.084 (habitual offenders) was deleted)....
CopyCited 16 times | Published | Supreme Court of Florida
...urglary, kidnapping, aircraft piracy, or the unlawful throwing, placing, or discharging of a destructive device or bomb, it shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...rson perpetrating or attempting to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...are at the time open to the public or the defendant is licensed or invited to enter or remain. (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084, if, in the course of committing the offense, the offender: (a) Makes an assault upon any person....
...1 years, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury shall be guilty of a life felony, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 2016, 2006 WL 197182
...quiet of persons who may witness them, or engages in brawling or
fighting, or engages in such conduct as to constitute a breach of the
peace or disorderly conduct, shall be guilty of a misdemeanor of the
second degree, punishable as provided in §
775.082 or §
775.083.
If you find that the conduct of the Plaintiff constituted a breach of the
peace, thus giving the defendants lawful authority to detain the
Plaintiff, then you must determine if the detention was conducted in a
rea...
CopyCited 14 times | Published | Supreme Court of Florida
...nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility. (2) Whoever violates subsection (1) shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084.
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1955
...date has been eliminated as a candidate or elected to office, or after the second anniversary of the date the campaign account of such candidate was established, is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083." [2] Section
106.08(2) provides: "Any contribution received by a candidate with opposition in an election or the campaign treasurer or a deputy treasurer of such candidate, or by the treasurer or a deputy treasurer of a political committe...
...the candidate withdraws his candidacy, or after the date the candidate is defeated or elected to office, shall be returned to the person or political committee contributing it and shall not be used or expended by or on behalf of the candidate." [3] Section 775.083(1)(d) provides that the fine for a conviction of a misdemeanor of the first degree shall not exceed $1,000....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...are at the time open to the public or the defendant is licensed or invited to enter or remain. (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084, if, in the course of committing the offense, the offender: (a) Makes an assault upon any person....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...roceedings. NOTES [1] "Aggravated assault. Whoever assaults another with a deadly weapon, without intent to kill, shall be guilty of an aggravated assault, and shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083 or §
775.084."
CopyCited 13 times | Published | Supreme Court of Florida
...reply, provided such reply does not take up more space than the matter replied to. Any person or firm failing to comply with the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 13 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 10002
...anies or from dealers certifying in writing that a report for the metals being purchased has previously been filed as required by this act. Violation of this provision shall be a misdemeanor of the first degree, punishable as provided in s.
775.082, s.
775.083, or s....
...marily engaged in the retail jewelry business if such business is licensed pursuant to law or ordinance. (8) Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082, s.
775.083, or s....
...meanors as well as in the case of the gravest felonies.
338 U.S. at 182,
69 S.Ct. at 1314. [17] Under Florida law, a first degree misdemeanor carries a maximum penalty of one year imprisonment and/or a $1,000 fine. Florida Statutes §
775.082(4)(a), §
775.083(1)(d) (1979).
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...mit a person under twenty-one years of age to *500 consume said beverages on the licensed premises. Anyone convicted of violation of the provisions hereof shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." The first question we must resolve in this case is whether the Legislature intended to impose liability on a social host for serving alcoholic beverages to a minor....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...r, with intent to kill, assaults, or does any other overt act in an attempt to kill another person, but fails in the execution of that intent, commits the offense of attempted murder a felony of the first degree punishable as provided in §
775.082, §
775.083, or §
775.084....
...rson perpetrating or attempting to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s....
...bery, burglary, kidnapping, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb, shall be murder in the third degree and shall constitute a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s....
...rson perpetrating or attempting to perpetrate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s....
CopyCited 12 times | Published | Supreme Court of Florida
...(1975), provides: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...ter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, shall be deemed manslaughter and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 12 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4040
...nduct constituting a criminal offense. Section
798.01, Florida Statutes, provides: "Living in open adultery. Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 11 times | Published | Supreme Court of Florida
...the conspiracy. Section 833.04, Florida Statutes, provides: "If two or more persons shall agree, conspire, combine or confederate to commit any other felony they shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." As to appellants' first ground, a penal statute must be sufficiently explicit to inform those who are subject to its provisions what conduct on their part will render them liable to its penalties....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...the offender shall be deemed guilty of a felony of the third degree, punishable as provided in §
775.084. (3) If the property received is not described in subsection (2), the offender shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1491
...r to disclose and give evidence against some other person, or be guilty of willful inhumanity and oppression to any prisoner under his care and custody, he shall be guilty of a misdemeanor of the second degree punishable as provided in §
775.082 or §
775.083....
CopyCited 11 times | Published | Supreme Court of Florida
...e performance of any other public work in which the said officer was a party to the letting, and any person who violates the provisions of *38 this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." Specifically, the trial court explained: "As to point three, the Court finds that the language in the statute `to be interested or be in any way interested in the contract or the work for any public road' is not vague under the Constitut...
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 240
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 WL 1311064
...A juvenile who has been adjudicated delinquent has not been "convicted," and is not a "criminal." See §
985.35(6), Fla. Stat. (2007) [1] ; see also A.M.P. v. State, 927 *
424 So.2d 97, 100 (Fla. 5th DCA 2006) (stating that "an adjudication of delinquency does not qualify as a `conviction' for purposes of section
775.083") (Florida Statutes); State v....
CopyCited 10 times | Published | District Court, N.D. Florida | 1980 U.S. Dist. LEXIS 13903
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 10 times | Published | District Court, S.D. Florida
...ame, and of the defendant, shall be admissible in evidence in support of the charge. (5) Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 10 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 3990
...n, uses profane, vulgar and indecent language, in any public place; or upon the private premises of another, or so near thereto as to be heard by another, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083; but no prosecution for any such offense shall be commenced after twenty days from the commission thereof." e.s....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...____ $3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). ____ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ____ A fine in the sum of $ ____ pursuant to section
775.0835, Florida Statutes. (This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) ____ $20.00 pursuant to section 939.015, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund). ____ A 10% surcharge in the sum of $ ____ pursuant to section
775.0836, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund)....
...dant ____ and the court having placed the defendant on probation/community control and having subsequently revoked the defendant's probation/community control It Is The Sentence Of The Court That: ____ The defendant pay a fine of $ ____, pursuant to section 775.083, Florida Statutes, plus $ ____ as the 5% surcharge required by section 960.25, Florida Statutes....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 13826, 2015 WL 5447808
...Only because the appellant later filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 8.800(b)(2), contending that the trial court erred in imposing a $100 fine together with a $5 surcharge (pursuant to sections
775.083 and
938.04, Florida Statutes (2010)), a $100 “Sheriffs Office Investigative Cost,” and “a discretionary $150 public defender lien,” are these issues preserved....
...On remand, the trial court may not reimpose this investigative cost because there is no record evidence the state requested the cost. See DeSalvo v. State,
107 So.3d 1185, 1187 (Fla. 1st DCA 2013); Vaughn v. State,
65 So.3d 138, 139 (Fla. 1st DCA 2011). The fine authorized by section
775.083(1), Florida Statutes, is also discretionary, and the state concedes it was error for the trial court to impose the $100 fine under this statute without notice or hearing and without specifically pronouncing the fine at the sentencing hearing....
CopyCited 9 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 2988, 1990 WL 26974
...Section
837.02 provides: (1) Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...me under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
..." [2] "784.06 Assault with intent to commit felony "Whoever commits an assault on another, with intent to commit any capital felony or felony of the first degree shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084. An assault with intent to commit any other felony constitutes a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...* * * * * * (3) Whoever engages in bookmaking to the extent that in any one day he receives or accepts more than five bets or receives bets totaling more than $500, or engages in a common bookmaking scheme with three or more persons, is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084......
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...essory thereto before the fact, with intent that he shall avoid or escape detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [2] "837.02 Perjury in official proceedings "(1) Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [3] "837.012 Perjury when not in an official proceeding "(1) Whoever makes a false statement, which he does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [4] "837.05 False reports to law enforcement authorities Whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084."
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Florida Statute §
893.13(1)(f) provides: "(f) If the first offense is the possession or delivery without consideration of not more than [five] 5 grams of cannabis, that person shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 and §
775.083 ....
CopyCited 8 times | Published | Supreme Court of Florida
...*71 "(b) Confinement of a child under the age of 13 is against his will within the meaning of this section if such confinement is without the consent of his parent or legal guardian. "(2) Whoever commits the offense of false imprisonment shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." The appellant's constitutional attack is directed at the language of subsection (1)(a) of the statute and is grounded in a comparison of the wording found in that subsection with the wording of subsection
787.01(1)(a), Flo...
CopyCited 8 times | Published | Supreme Court of Florida
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1991 WL 98040
...cute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084 as supported by record and found by the trial court....
CopyCited 8 times | Published | Supreme Court of Florida
... Whoever: (1) Commits aggravated battery on a child; (2) Willfully tortures a child; (3) Maliciously punishes a child; or (4) Willfully and unlawfully cages a child shall be guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s....
...tery upon any child under the age of sixteen years, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to such child is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Responding to the constitutional attack on this statute based on vagueness, this Court opined in Jordan v....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 419339
...Golden, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J. We are once again confronted with the issue of imposition of criminal statutory costs in a juvenile case. Specifically, we must decide whether the trial court properly imposed costs under section
775.083(2), Florida Statutes (2005), in the amount of $20, and section
939.185(1)(a), Florida Statutes (2005), in the amount of $65, in a juvenile proceeding that concluded with an order withholding adjudication of delinquency for the offense of domestic battery....
...This in turn would impair the ability of the juvenile system to focus on and serve its legislatively mandated rehabilitative function. Id. at 1278 (footnotes omitted). Following the directive of V.K.E., we must determine whether there is a clear legislative mandate to have sections
775.083(2) and
939.185 apply to juveniles, and if so, whether they apply in the absence of an adjudication of delinquency or entry of a plea. The text of each statute is the starting point for our analysis and so we begin there, first with section
775.083(2), which provides: (2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a fel...
...A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss.
163.501-163.523. §
775.083(2), Fla....
...Although this statute applies to juveniles, it does not provide for the imposition of costs in the absence of an adjudication of delinquency. The trial court issued a judicial warning and withheld adjudication of dependency and, therefore, it incorrectly imposed the $20 cost pursuant to section 775.083(2)....
...provision for imposition of costs in juvenile proceedings in the absence of adjudication. §
938.03(1), Fla. Stat. (2005) ("Any person whose adjudication is withheld shall also be assessed such cost."). Since it did not do so within the structure of section
775.083, it is clear from both the language of the statute and its omissions that the Legislature did not intend to have costs imposed under that statute in the absence of an adjudication of delinquency....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2215, 2011 WL 589928
...After a careful review of the record, we find no error in the appellant's judgment and sentence. However, we reverse and remand with directions to correct the judgment for fines and costs by striking a $200 fine, a $10 surcharge, and a $20 court cost. The written judgment for fines and costs includes a $200 fine under section 775.083, Florida Statutes (2009). Fines under section 775.083 are discretionary and must be orally pronounced at sentencing....
CopyCited 7 times | Published | District Court, S.D. Florida | 1978 U.S. Dist. LEXIS 15681
...lection to judicial office. 2. Any person who knowingly, in his individual capacity or as an officer of an organization, violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
...for judicial office by any such person, group, or organization. A candidate for judicial office or retention therein who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1995 WL 412367
...337.135, Florida Statutes (1989), a third-degree felony. Quinn argues numerous points on appeal, which we find without merit or not sufficient to cause a reversal of his conviction. However, we agree the fine imposed as "pecuniary gain" pursuant to section 775.083(1)(f) cannot be sustained, based on the evidence presented in this case....
...ically disadvantaged business enterprises in the receipt of contracts with the department of the provision of goods or services. Any person who violates this provision is guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s....
...btain an advantageous business status for Markings. We agree with Quinn this evidence was damaging to his case, but it was also *955 relevant and we think admissible against him pursuant to section
90.404(2)(a). III. Imposition of a Fine Pursuant to Section
775.083 After Quinn was found guilty of a conspiracy to violate section
337.135, a third degree felony, he was placed on probation and fined $68,500.80. Section
775.083 provides in relevant part: (1) A person who has been convicted of a noncriminal violation may be sentenced to pay a fine....
...hey were not entitled in any regard. In this case that showing was not made or attempted. For all we know, Markings may have lost money on some of the Department's contracts. The burden was on the state to at least establish some portion was profit. Section 775.083(1)(f) requires proof of actual pecuniary gain. [13] In the context of construction contracts, this means there must have been some profit. Accordingly, we affirm the judgment. We vacate the sentence and provide that the fine imposed must not exceed $5,000, pursuant to section 775.083(1)(c)....
...Kramer and People v. Severino , [1a] the state need not show that Quinn personally received any gain from the offense so long as it shows that Quinn directed the gain to a third person or entity. We conclude that the state met its burden of proof under section 775.083(1)(f), and affirm the order in toto....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
... (1) Whoever breaks and enters, or enters without breaking, any dwelling, storehouse, building, ship, vessel, aircraft, or railroad car with intent to commit a misdemeanor shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Hence, it is not a matter of greater vis-a-vis lesser included offenses in the sense that the lesser is considered to be an independent offense which is included within the offense defined as greater....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...essory thereto before the fact, with intent that he shall avoid or escape detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...t, boat or boat motor without the authority of the owner or his representative, or who shall knowingly be a party to such unauthorized use, shall, upon conviction, be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 7 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629
...____ $ 3.00 as a court cost pursuant to section
943.25(3)938.01, Florida Statutes (Criminal Justice Trust Fund). ____ $ 2.00 as a court cost pursuant to section
943.25(13)938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties). ____ A fine in the sum of $___ pursuant to section
775.0835, Florida Statutes. (This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) ____ $20.00 pursuant to section 939.015, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund). ____ A 10% surcharge in the sum of $___ pursuant to section
775.0836, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund)....
...now resentences the defendant ____ and the court having placed the defendant on probation/community control and having subsequently revoked the defendant's probation/community control It Is The Sentence Of The Court That: ____ The defendant pay a fine of $___, pursuant to section 775.083, Florida Statutes, plus $___ as the 5 surcharge required by section 960.25938.04, Florida Statutes....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...ally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon. (2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...onally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...willful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed manslaughter, a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...n cases where such killing shall not be justifiable or excusable homicide nor murder, according to the provisions of this chapter, shall be deemed manslaughter and shall constitute a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [2] Sec....
...1973, provides: "Whoever through culpable negligence, or a reckless disregard for the safety of others inflicts any personal injury or injuries upon another, not resulting in death, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." [3] The trial court could have instructed the jury on aggravated assault but no request therefor or objection to its omission was made by appellant....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [2] (1) It shall be unlawful for any person to knowingly resist or obstruct the performance by one, who the person knows or has reason to believe is a police officer ..., of any authorized act within such officer's capacit...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 27234
...Webster was sentenced as a habitual felony offender under section
775.084, Florida Statutes (1995), to ten years' imprisonment with a mandatory minimum of five years for each count, with the sentences to run concurrently. In addition, he was ordered to pay a fine under section
775.083, Florida Statutes (1995), of $10,000 ($5000 per count), and to pay court costs of $600 ($300 per count)....
...He further asserts the $600 in costs must be stricken because the court did not cite any statutory authority for imposing these costs in either its oral pronouncement or written sentence, and in any event, costs must be assessed per case not per count. Fines imposed pursuant to section
775.083 are authorized when assessed "in addition to any punishment described in s.
775.082." §
775.083(1). However, there is no comparable authorization in either section
775.083 or section
775.084 that would allow a fine to be assessed in addition to punishment imposed under section
775.084, the habitual offender statute. In King v. State,
681 So.2d 1136 (Fla.1996), the supreme court stated: Both imprisonment under section
775.082 and a fine under section
775.083 may be imposed for a single offense because section
775.083 specifically provides that "[a] person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s.
775.082." §
775.083(1), Fla....
...The court went on to find that a sentencing judge may impose either a habitual offender sentence or a guidelines sentence, but not both. See id. at 1140. On that basis, the trial court had no statutory authority to sentence Webster to both a habitual offender sentence under section
775.084 and a fine under section
775.083....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...t of another person * * *" The statute under which appellant was charged provides as follows: "Whoever shall carry a concealed firearm on or about his person shall be guilty of a felony in the third degree, punishable as provided in section
775.082, section
775.083 or section
775.084." The statute does not proscribe mere possession of a firearm nor the carrying thereof....
CopyCited 7 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 7993
...§ 458.505(9) (1979) provides that "[a]ny person who willfully performs, or participates in, the termination of a pregnancy in violation of the requirements of this section is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083 or §
775.084." [5] The action was filed by Plaintiff under a pseudonym: John Jones, M....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...mprisonment on Count III, the battery. The assault conviction under Count I is a misdemeanor of the second degree (§
784.011(2), Fla. Stat. (1981)) punishable under §
775.082(4)(b), Fla. Stat. (1981) by imprisonment not exceeding 60 days and under §
775.083(1)(e), Fla....
...(1981) by a fine not exceeding $500. The battery conviction under Count III is a misdemeanor of the first degree (§
784.03(2), Fla. Stat. (1981)) punishable under §
775.082(4)(a), Fla. Stat. (1981) by imprisonment not exceeding one year and under §
775.083(1)(d), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...ORFINGER, C.J., and COWART, J., concur. NOTES [1] Section
790.01(1), Florida Statutes provides: Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1990 WL 126372
...Florida Statutes Section
794.05(1) provides: Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years, shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 6 times | Published | Supreme Court of Florida
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. "(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." [2] Art....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...r remaining in a structure or a conveyance with the intent to commit an offense therein, ... . (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084, if, in the course of committing the offense, the offender: (a) Makes an assault upon any person....
...tructure entered is a dwelling or there is a human being in the structure or conveyance at the time the offender entered or remained in the structure or conveyance, the burglary is a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084. Otherwise, burglary is a felony of the third degree punishable as provided in §
775.082, §
775.083, or §
775.084." Count II of the information herein charged appellant with burglary of a dwelling under Section
810.02(3), a second degree felony....
CopyCited 6 times | Published | Supreme Court of Florida | 1994 WL 61399
...s required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.083....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. "(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." The Supreme Court of Florida held that Section
856.021, Florida Statutes was not over-broad and construed the words "under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or pr...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2722762, 2014 Fla. App. LEXIS 8689
...As a result, the greatest fine for trafficking is $500,000 and it only applies to cases of trafficking in illegal drugs between 28 grams and 30 kilograms; even now, a person convicted of trafficking a greater amount is not subject to a fine separate from that which is otherwise established by the general fine schema in section 775.083, Florida Statutes....
CopyCited 6 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 670, 2003 WL 147531
...y public street, highway, or road by any of the means specified in subsection (1) in order to solicit. Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
...Any person who violates section two, however, is guilty of a crimea second degree misdemeanor punishable by "a definite term of imprisonment not exceeding 60 days," a $500 fine, or both. Fla. Stat. §
316.2045(2); Fla. Stat. §
775.082(4)(b); Fla. Stat. §
775.083(1)(e)....
...ired. Section
337.406 is itself a separate criminal statutea second degree misdemeanor punishable by "a definite term of imprisonment not exceeding 60 days," a $500 fine, or both. Fla. Stat. §
337.406(4); Fla. Stat. §
775.082(4)(b); Fla. Stat. §
775.083(1)(e)....
...ny public street, highway, or road by any of the means specified in subsection (1) in order to solicit. Any person who violates the provision of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...(2) When such action, or attempt at such action, results not in the death of any person, but does result in personal injury to a person or in damage to property, the person so convicted shall be guilty of a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...[4] Penalties. Any person who manufactures, purchases, keeps, stores, possesses, distributes, or uses any explosive with the intent to harm life, limb or property, shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...tatement, pretense or identification, or who shall knowingly otherwise violate any provisions of this chapter, or regulation promulgated pursuant to this chapter, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 192466
...State,
616 So.2d 17 (Fla.1993), without recognizing that subsection
812.014(2)(d), Florida Statutes (1991), the statute applied in Gayman, had been amended. Prior to 1992, subsection
812.014(2)(d) provided that sentencing for felony petit theft was required under section
775.082 (general criminal penalties), section
775.083 (criminal fines) or section
775.084 (habitual offenders)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 5412326
...As in Bowman, it was incumbent upon the State to present evidence of the value of the recovered property in order to carry its burden of proving the amount of the victim's loss. Therefore, we reverse the restitution award and remand for a new restitution hearing. C.M.S. also challenges a $50 court cost, assessed under section
775.083(2), Florida Statutes (2006). The State concedes that this cost may be assessed against a juvenile only when he or she is adjudicated delinquent. See §
775.083(2) (providing for assessment when one is "adjudicated delinquent"); T.L.S. v. State,
949 So.2d 290 (Fla. 5th DCA 2007) (striking cost under §
775.083(2) when juvenile's adjudication of delinquency withheld)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3687106
...The trial court's monetary obligations order refers to section
893.13, Florida Statutes (2004). Mr. Dadds' cocaine possession conviction is for a violation of section
893.13(1)(a)(2). That subsection does not mandate a $500 fine. Section
893.13(1)(a)(2) does refer to section
775.083, Florida Statutes (2004), as does the trial court's monetary obligations order. However, fines under section
775.083(1) are discretionary and must be pronounced....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1994 WL 697953
...The federal Double Jeopardy Clause, applicable by virtue of the Fourteenth Amendment, also forbids double punishment for the same offense. Benton v. Maryland,
395 U.S. 784,
89 S.Ct. 2056,
23 L.Ed.2d 707 (1969). The crimes of which King was convicted [1] were "punishable as provided in s.
775.082, s.
775.083, or s....
...On that basis, he was convicted of two more felonies of the second degree, and a second felony of the first degree punishable by life. All five crimes were "punishable as provided in s.
775.082,... or s.
775.084." §§
810.02 and
812.13, Fla. Stat. (1989). [2] Both imprisonment under section
775.082 and a fine under section
775.083 may be imposed (if imposed simultaneously) for a single offense, only because section
775.083 specifically provides: "A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s....
CopyCited 6 times | Published | District Court, S.D. Florida | 1975 U.S. Dist. LEXIS 16651
...such property. Any person violating the provisions of this section shall, if the property removed in violation hereof be of the value of fifty dollars or less, be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083; and if the property so removed should be of greater value than fifty dollars then such person shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Section
777.04(4)(c) Florida Statutes (1975) provides: "If the offense attempted, solicited, or conspired to is a felony of the second degree or any burglary, the person convicted shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." The Attorney General of the State of Florida, in Opinion 077-4, attempted to construe and interpret several statutes therein cited, and concluded: "It is my firm opinion that the phrase `......
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 941766
...of disposition given to the trial court in a delinquency proceeding. § 985.231, Fla. Stat. (2003); J.S. v. State,
920 So.2d 752 (Fla. 5th DCA 2006). Furthermore, an adjudication of delinquency does not qualify as a "conviction" for the purposes of section
775.083, which allows the imposition of varying fines for the conviction of varying degrees of criminal offenses....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1251309
...eiture of a $60,000 vessel for violating section
328.05(3)(c). Violating section
328.05(3)(c) is a third degree felony, punishable by a term of imprisonment not exceeding five years, §
775.082(3)(d), Fla. Stat. (1995), and a maximum fine of $5,000. §
775.083(1)(c), Fla....
...is chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 776.082, s. 775.083, or s....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2918887
...Gonzalez argues that two separate fines of $50 and $65 for court costs should be stricken because they were discretionary costs and the trial court failed to orally pronounce them at sentencing. On this issue, we agree. The trial court assessed these fines as mandatory costs in accordance with section
775.083(2), Florida Statutes (2004), and section
939.185, Florida Statutes (2004), respectively. These statutes, however, did not take effect until July 1, 2004. Because Mr. Gonzalez' offense date was October 8, 2003, the trial court should have assessed these costs in accordance with the statutes in effect at that time (i.e., section
775.083(2)(b), Florida Statutes (2003), [1] and section 939.18, Florida Statutes (2003) [2] ), which required the court to conduct an inquiry into the defendant's ability to pay the fine before imposing it....
...State,
911 So. 2d 226, 229 (Fla. 2d DCA 2005). Affirmed in part, reversed in part, and remanded. WHATLEY, SILBERMAN, and WALLACE, JJ., Concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. NOTES [1] The 2004 version of section
775.083 replaced the 2003 version effective July 1, 2004....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2000 WL 1513771
...THOMPSON, C.J., and GRIFFIN, J., concur. NOTES [1] §
812.014(3)(c), Fla. Stat. "A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in §
775.082 or §
775.083." [2] Section
775.084, Florida Statutes, defines "habitual felony offenders" and prescribes a procedure for enhanced sentencing, in pertinent part:
775.084 Habitual felony offenders and habitual violent felony offenders; extended terms; de...
CopyCited 5 times | Published | District Court, M.D. Florida | 103 L.R.R.M. (BNA) 2695, 1979 U.S. Dist. LEXIS 8274
...other mutual aid of protection. [3] Fla.Stat. §
447.14 provides: Any person or labor organization who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2009 WL 3817934
...After a full and independent review of the record, we affirm the disposition order but remand to the trial court with instructions to correct a relatively minor sentencing error by striking costs in the amount of $20.00 imposed pursuant to the Crime Prevention Fund and section 775.083(2), Florida Statutes (2008)....
...See In re Anders Briefs,
581 So.2d 149, 152 (Fla.1991) (directing appellate courts to follow Anders procedure even where costs and other minor sentencing errors are raised in the Anders brief); J.S. v. State,
19 So.3d 380 (Fla. 2d DCA 2009) (remanding with directions to strike costs imposed under section
775.083(2), where the adjudication of delinquency was withheld); C.M.S. v. State,
997 So.2d 520, 521 (Fla. 2d DCA 2008) (noting that such costs under that statute can be assessed against a juvenile only upon an adjudication of delinquency). AFFIRMED and REMANDED with instructions to strike costs assessed under section
775.083(2)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179
...*1227 The special condition that Appellant and his parent(s)/legal guardian(s) pay court costs and a fine totaling $168.00 to the Victims' Compensation Fund within 90 days must be considered according to its components. Fifty dollars of that amount is authorized by section 775.083(2), Florida Statutes (2007), which states that "court costs shall be assessed and collected in each instance a defendant ......
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...ascivious or indecent manner, or who shall knowingly commit any lewd or lascivious act in the presence of such child, without the intent to commit sexual battery shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083 or §
775.084....
...attempt to commit sexual battery upon said person commits a capital felony punishable as provided in ss.
775.082 and
921.141. If the offender is under the age of 18, that person shall be guilty of a life felony, punishable as provided in s.
775.082, s.
775.083, or s....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 87 A.L.R. 3d 1240
...ttempt to commit sexual battery upon said person commits a capital felony punishable as provided in §§
775.082 and
921.141. If the offender is under the age of 18, that person shall be guilty of a life felony, punishable as provided in §
775.082, §
775.083, or §
775.084....
...(3) A person who commits sexual battery upon a person over the age of 11 years, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury shall be guilty of a life felony, punishable as provided in §
775.082, §
775.083, or §
775.084. (4) A person who commits sexual battery upon a person over the age of 11 years, without that person's consent, under any of the following circumstances shall be guilty of a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084: (a) When the victim is physically helpless to resist....
...(5) A person who commits sexual battery upon a person over the age of 11 years, without that person's consent, and in the process thereof uses physical force and violence not likely to cause serious personal injury shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 702
...to such extent as to deprive him of full possession of his normal facilities, by reason of the operation of any of said vehicles mentioned herein, he shall be guilty of a misdemeanor of the first degree, punishable as provided in Section
775.082 or Section
775.083, and if the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law related to manslaughter....
... `Vehicular homicide' is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in Section
775.082, Section
775.083, or Section
775.084....
...to such extent *1312 as to deprive him of full possession of his normal faculties, by reason of the operation of any of said vehicles mentioned herein, he shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083, and if the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law relating to manslaughter....
... `Vehicular homicide' is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Any campaign treasurer, candidate, or political committee chairman who willfully certifies the correctness of any report while knowing that such report is incorrect, false, or incomplete is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...formation required by this chapter; or (d) Makes or authorizes any expenditure in violation of §
106.11(3), or any other expenditure prohibited by this chapter; is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 5 times | Published | Florida 1st District Court of Appeal
..."(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §
775.082, §
775.083, or §
775.084. (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084. (c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 5 times | Published | District Court, S.D. Florida | 2 Media L. Rep. (BNA) 1818, 1975 U.S. Dist. LEXIS 11807
...vertising packages, including any cash discounts allowed. (2) Violations of this section are punishable as provided in §
106.15(3), (4), and (5) [F.S. 1973]. [2] It shall be a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083, for any candidate or other person to distribute or cause to be distributed on the day of any election any pictures, cards, literature, or other writing against any candidate....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1991 WL 103455
...As to the appellant's final argument, urging that the trial court erred in imposing imprisonment, a fine, and probation all within one sentence, we affirm. We read nothing in the pertinent sentencing statutes cited by appellant precluding the above combination of sanctions. Appellant argues, relying upon Sections
775.083(1) [2] and
948.011, [3] Florida Statutes (1987), that when one reads the two statutes in pari materia, it becomes clear that a term of imprisonment cannot be imposed in addition to both a fine and probation, because these statutes authorize only the payment of a fine in lieu of imprisonment....
...a fine in the absence of statutory provision therefor. We disagree. We find nothing in the above statutes, as applied to appellant's case, precluding the imposition of the sanctions of fine, imprisonment, and probation in the same sentence. Although section
775.083(1) permits, when authorized by statute, the payment of a fine in lieu of any punishment prescribed in section
775.082, it also authorizes the imposition of a fine in addition to a term of incarceration imposed under section
775.082....
...ity control for an incarcerative term. In that the offense for which appellant was convicted [4] is not one which is expressly punishable by fine and imprisonment, nor by fine in lieu of imprisonment, we do not consider that the provisions of either section
775.083(1) or
948.011 in any way preclude the sentence imposed here: three years' incarceration followed by five years' probation and a $1,000 fine....
...ed, we note that section
921.187(1)( l ), allowing a trial court to sentence an offender to imprisonment in a state correctional institution, similarly makes no provision for the imposition of a fine. Nevertheless, fines are clearly authorized under section
775.083, in addition to any incarcerative punishment described in section
775.082....
...ncing. BOOTH and BARFIELD, JJ., concur. NOTES [1] See, e.g., Rowland v. State,
548 So.2d 812 (Fla. 1st DCA 1989); Larson v. State,
553 So.2d 226 (Fla. 1st DCA 1989), approved in part, quashed in part on other grounds,
572 So.2d 1368 (Fla. 1991). [2] Section
775.083(1) provides: A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s....
...n of Section
800.04(2), Florida Statutes (1987). Section
800.04 provides that such an offense is a felony in the second degree, punishable as provided in section
775.082, authorizing a maximum term of imprisonment of fifteen years, or as provided in section
775.083, authorizing a maximum fine of $10,000.
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1997 WL 422525
...ade of a fine. The court subsequently accepted appellant's nolo plea and on July 19, 1996, adjudicated appellant guilty. The court sentenced appellant to nine years in prison followed by six years of probation and imposed a fine of $1500 pursuant to section 775.083, Florida Statutes....
...cognizable in this appeal because the amendments to Rules 9.140 and 3.170 requiring him to file a motion to withdraw his plea to preserve his claim were not effective at the time he was sentenced. The fine in the instant case was imposed pursuant to section 775.083, Florida Statutes (1995), which provides in pertinent part that "[a] person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s....
...ears as the maximum penalty. In addition, the written plea agreement here expressly requires appellant to pay $255 in "court costs" and paragraph (7) informs that the judge "will impose court costs" pursuant to cited statutory authority. The fine in section 775.083 is not mentioned....
CopyCited 5 times | Published | District Court, M.D. Florida | 10 Media L. Rep. (BNA) 2326
...The challenged statute provides, in pertinent part: Any person who, within 100 yards of any polling place on the day of any election ... solicits or attempts to solicit a signature on any petition ... is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 94635
...the "violent career criminal" portion of the habitual offender statute, and to thirty years concurrent on the robbery charge, as an habitual offender pursuant to section
775.084(4)(b), Florida Statutes, and as a prison release reoffender pursuant to section
775.083, Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...ines. Brady v. State,
457 So.2d 544 (Fla. 2d DCA 1984). We hold that once the offender is not to be entitled to be sentenced under the guidelines then the only limit to the sentence is the statutorily provided maximum as found in section
775.082 and section
775.083, Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in section
775.082, section
775.083, or section
775.084.
CopyCited 4 times | Published | District Court, S.D. Florida
...Provided, however, *56 this section shall not be construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose. Any person convicted of a violation hereof shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...§
790.01(1). Under F.S. § 776.04, the general attempt statute, if the offense attempted is a misdemeanor of the first or second degree, the person convicted shall be guilty of a misdemeanor of the second degree punishable as provided in F.S. §
775.082 or §
775.083....
...presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 614560
...ed without notice and hearing pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Bourque v. State,
595 So.2d 222 (Fla. 2d DCA 1992). Williams next contends that the trial court erred in assessing a $44.77 discretionary fine, pursuant to section
775.083, Florida Statutes (1995), without announcing the fine at sentencing....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 14714, 2009 WL 3151347
...State,
760 So.2d 89, 109 (Fla.2000))). However, the trial court denied Perdue's motion as to these claims. The State concedes the trial court erred by failing to orally pronounce the statutory authority for imposing the $525 fine and surcharge pursuant to section
775.083, Florida Statutes (2006)....
CopyCited 4 times | Published | Supreme Court of Florida
...uired or authorized by law, willfully makes two or more material statements under oath or affirmation, when in fact two or more of the statements contradict each other, is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 4 times | Published | Supreme Court of Florida
... If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." [1] Chesebrough v....
... If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083." [2] Brock v....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 2995
...There is no statutory authority for imposing a monetary fine simply because a juvenile exercises her constitutional right to go to trial. The trial court cited no such authority in imposing the fine, and the State commendably agrees that there is no such authority. Section 775.083(1), Florida Statutes (2005), which authorizes the imposition of a fine for any person “convicted of an offense,” does not apply to juvenile proceedings because a juvenile is adjudicated delinquent, and not convicted....
CopyCited 4 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4251
...Whoever shall carry around with him or have in his manual possession in Palm Beach County, any pistol without having a license from the Sheriff of Palm Beach County, shall be guilty of a misdemeanor of the second degree, punishable as provided in §§
775.082 or
775.083; provided that this section shall not apply to the sheriff, deputy sheriffs, city or town marshals, policemen, constables or United States marshals or their deputies as to the carrying of concealed weapons....
...e, any pistol, winchester rifle or other repeating rifle, without having a license from the county commissioners of the respective counties of this state, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083; provided, this section shall not apply to sheriffs, deputy sheriffs, city or town marshals, policemen, constables [*] or United States marshals or their deputies as to the carrying of concealed weapons." Appellant argues that this Court h...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 96201
...r notice and an opportunity to be heard, see Wood v. State,
544 So.2d 1004 (Fla. 1989); Mays v. State,
519 So.2d 618 (Fla. 1988); Jenkins v. State,
444 So.2d 947 (Fla. 1984), it may impose a fine on the defendant as part of the defendant's sentence. §
775.083, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Gen., Tallahassee, and Lydia M. Valenti and Richard G. Bartmon, Asst. Attys. Gen., West Palm Beach, for appellee. PER CURIAM. DeLaPaz was convicted of possession of cannabis in an amount exceeding 20 grams, sentenced to five years imprisonment and fined $5,000 under section 775.0835, Florida Statutes (1983)....
...Accordingly, we affirm the trial court's denial of DeLaPaz's motion to suppress. [1] We have reviewed the other alleged errors argued in this appeal and find them meritless. The conviction and sentence are therefore affirmed. However, we strike the $5,000 fine imposed against DeLaPaz under section
775.0835, Florida Statutes (1983), because that statute authorizes a fine only where a person *447 is convicted of a crime resulting in death or injury to another person. See Moore v. State,
422 So.2d 1069 (Fla. 2d DCA 1982). We are nonetheless cognizant that a $5,000 fine would have been authorized under section
775.083(1)(c), and therefore remand this case to the trial court for resentencing in order to provide it with an opportunity to impose a fine against DeLaPaz under the appropriate statutory authority....
CopyCited 4 times | Published | District Court, N.D. Florida | 1982 U.S. Dist. LEXIS 11682
...persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
...[5] Section
870.02, Florida Statutes, provides: If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083.
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 19492
...tween 25 and 35 years in prison. The court sentenced him to 25 years for each of the burglaries. Burglary of a dwelling is a second-degree felony under section
810.02(3), Florida Statutes (1999), and is punishable by a maximum term of 15 years under section
775.083(3)(c), Florida Statutes (1999)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 398824
...We strike this surcharge because the statute came into effect in 2004, after Watts had committed the subject crimes. See Ch. 04-265, § 60, at 677, Laws of Fla. Next, Watts argues the trial court erred in imposing a $50 crime prevention fine pursuant to section
775.083(2), Florida Statutes (2002). [1] We strike this fine because the trial court failed to conduct an inquiry and determine Watts' ability to pay it. See §
775.083(2)(b); Gonzalez v. State,
939 So.2d 224, 225 (Fla. 2d DCA 2006) (noting that section
775.083(2)(b) requires the court to conduct an inquiry into a defendant's ability to pay the fine before imposing it)....
...On remand, the trial court may reimpose the $50 crime prevention fine after conducting the requisite inquiry and shall enter corrected sentencing documents consistent with this opinion. Affirmed but remanded for corrections as to a fine and costs. CASANUEVA and VILLANTI, JJ., Concur. NOTES [1] The 2002 version of section 775.083(2) was in effect when Watts committed his crimes in February 2003....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2562
...ort the services of the state attorney and public defender indicates that the costs are not imposed as punishment but are levied to support those specific programs in the criminal justice system. In contrast, a fine imposed as punishment pursuant to section 775.083, Florida Statutes (1985), is placed into a government's general operating fund....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3408030
...Weiner, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. John Stewart challenges his conviction for robbery. We affirm the judgment and sentence without discussion. However, we remand for the trial court to strike from Mr. Stewart's sentence a $50 fine imposed under section
775.083(2), Florida Statutes (2003). At sentencing, the court imposed "all mandatory costs as a lien." The $50 cost was mandatory under the 2004 version of section
775.083(2) in effect at the time of sentencing: "[C]ourt costs shall be assessed and collected...." However, the court adjudicated Mr. Stewart guilty and sentenced him for an August 29, 2003, robbery. Under the 2003 version of the statute, section
775.083(2)(b) was discretionary and required the court to find an ability to pay: "[T]he court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine...." See Cruz v. State,
830 So.2d 892, 892 (Fla. 2d DCA 2002) (noting that a "fine pursuant to section
775.083, Florida Statutes (1999)," that was identical to the 2003 version, was discretionary). Because the section
775.083(2)(b) fine was discretionary, the court could not impose it without orally pronouncing the fine at sentencing....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...tice or[*] [to be in actual or constructive possession of a controlled substance] except as otherwise authorized by this chapter. Any person who violates this provision is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...[2] Fla. Stat. §
893.13(1)(f) If the first offense is the possession or delivery without consideration of not more than 5 grams of cannabis, that person shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 and §
775.083....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15031, 2011 WL 4398535
...1396,
18 L.Ed.2d 493 (1967), and In re Anders Briefs,
581 So.2d 149 (Fla.1991). We find no error in appellant's judgment and sentence. However, we find the trial court erred in imposing, in the written judgment and sentence; a $2,100 fine pursuant to section
775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section
938.04, Florida Statutes (2009); and a $20 court cost pursuant to section
938.06, Florida Statutes (2009)....
CopyCited 3 times | Published | Supreme Court of Florida
...[] The Defendant is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S.
943.25(8). (This provision is optional; not applicable unless checked). (Check if Applicable) [] The Defendant is further ordered to pay a fine in the sum of $ __________________ pursuant to F.S.
775.0835. (This provision refers to the optional fine for the Crimes Compensation Trust Fund, and is not applicable unless checked and completed. Fines imposed as part of a sentence pursuant to F.S.
775.083 are to be recorded on the Sentence page(s))....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31505623
...Nicholas Cruz challenges his judgment and sentence for felony habitual driving with license revoked. We affirm Cruz's judgment and sentence without discussion, but strike certain costs which were improperly imposed. The trial court imposed a discretionary $2 fine pursuant to section 775.083, Florida Statutes (1999), and a discretionary $150 cost under section 939.18, Florida Statutes (1999), without orally pronouncing these costs at sentencing....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...atutes (1975), reads as follows: "Keeping house of ill fame. Whoever keeps a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." (emphasis supplied) Section
796.07(2)(a), Florida Statutes (1975), also provides: "(2) After May 1, 1943, it shall be unlawful in the state: (a) To keep, set up, maintain, or operate any place, structure, building, or conveyance for the...
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...r devices. (2) This section shall not apply to a person convicted of a felony whose civil rights have been restored. (3) Any person convicted of violating this section is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084.
CopyCited 3 times | Published | Supreme Court of Florida
...liquor to such extent as to deprive him of full possession of his normal faculties, by reason of the operation of any of said vehicles mentioned herein, he shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083, and if the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law relating to m...
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...mutilates or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or *44 inhuman manner, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." Section
828.02, Florida Statutes, defines the words "torture," "torment," and "cruelty" to include "every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medi...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2312623
...e record to support them. See James v. State,
898 So.2d 1161 (Fla. 2d DCA 2005) (holding that the trial court erroneously imposed costs of prosecution and investigation absent proper requests and supporting documentation). The $50 fine imposed under section
775.083, Florida Statutes (2003), should also be stricken because the trial court did not make a finding on the record of Jones's ability to pay before imposing the fine. See Gonzalez v. State,
939 So.2d 224 (Fla. 2d DCA 2006) (holding that the statute in effect at that time (i.e., section
775.083(2)(b), Florida Statutes (2003)), required the court to conduct an inquiry into the defendant's ability to pay the fine before imposing it)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 2122700, 2012 Fla. App. LEXIS 9465
...They must therefore be stricken from the written order of probation. See Justice v. State,
674 So.2d 123, 124 (Fla.1996) (holding “special conditions of probation must be imposed at sentencing and may not be imposed at resentencing”). Finally, the trial court erred by imposing a $1000 fine pursuant to section
775.083(1), Florida Statutes (2010), and an accompanying $50 surcharge pursuant to section
938.04, Florida Statutes (2010), in each case. Fines under section
775.083(1) are discretionary, and “must be pronounced orally at sentencing.” See Bryant v....
CopyCited 3 times | Published | Supreme Court of Florida
...niary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his will, shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084." [3] 18 U.S.C....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
... Any person who shall obtain food, lodging or other accommodations at any hotel, motel, apartment house, rooming house, inn, boarding house, trailer park or restaurant, with intent to defraud the owner or keeper thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083; provided, that if any owner or keeper, including the manager or assistant manager in the absence of the owner or keeper, of such establishment has probable cause to believe, and does believe, that any person has obtained food, lodging or...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 1405, 2013 WL 331602
...thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of §
316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 118272
...Accordingly, the November 14th sentencing order is stricken in its entirety. Price also argues, and we agree, that the 134-year sentences for counts five, seven, nine, eleven and thirteen are illegal, because the maximum term of years that may be imposed for a life felony is forty (40) years. See § 775.083(3)(a)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...pt to take possession, drive, or fly away; or obtain by fraud or trickery, any motor vehicle, aircraft, boat, or boat motor belonging to another shall, upon conviction, be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083 or §
775.084." The jury instructions included a charge on the lesser included offense of unauthorized use, a misdemeanor, under F.S....
...boat, or boat motor without the authority of the owner or his representative, or who shall knowingly be a party to such unauthorized use, shall, upon conviction, be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 18548
...Stat., provides as follows: (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. (2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 3 times | Published | District Court, M.D. Florida | 2017 U.S. Dist. LEXIS 20676, 2017 WL 600094
...eace, or the apprehending or securing of any person for a breach of the peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 272775
...der section 401.161(4) is, by reference therein to Section
775.082(4)(b), Florida Statutes (1989), a maximum term of 60 days, or a fine of not more than $5,000, or both. The punishment provided for a violation of section
823.01, which refers only to section
775.083, is a maximum fine of $500 for a conviction of a misdemeanor of the second degree....
...this opinion. NOTES [1]
823.01 Nuisances; penalty. All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, are misdemeanors of the second degree, punishable as provided in s.
775.083....
...statute on the subject. [1] Section
823.01 provides: "All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, are misdemeanors of the second degree, punishable as provided in s.
775.083." [2] There is no language in chapter 403 expressly repealing, in whole or in part, the provisions of section
823.01....
CopyCited 3 times | Published | Supreme Court of Florida
...resolution. "(5) Any person, firm or in case of a corporation, the officers, agents or employees thereof, violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20451, 2014 WL 7261284
...With respect to the fifth issue, we remand for correction of the following minor sentencing errors: imposition of a $230 cost pursuant to section
938.05(l)(a), Florida Statutes, when the statutory maximum is $225; imposition of a $415 cost pursuant *851 to section
775.083(2), Florida Statutes, when the statutory maximum is $50; and imposition of the $100 cost of prosecution without citing the statutory basis for the cost....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 4355282
...Criminal Procedure 3.800(b)(2), we strike a fine and a cost that were improperly imposed and remand for entry of a corrected judgment for fines and costs. The written judgment for fines and costs entered by the trial court includes a $175 fine under section 775.083, Florida Statutes (2005). Fines under section 775.083 are discretionary and must be orally pronounced at sentencing....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...appeal for imposition of the lesser included offense of trafficking pursuant to
section
812.019(1), and for resentencing. See id. at 234.
On remand, the trial court will have an opportunity to re-impose costs and
fees. We remind the trial court that fines imposed pursuant to section
775.083,
Florida Statutes (2011), are discretionary and must be separately and orally
pronounced at sentencing....
...Rather, it directs that 10% of any fines
imposed be directed to the Public Records Modernization Trust Fund. Any
confusion could be remedied if the clerk ensured that amounts directed to the fund
are properly labeled as being imposed “pursuant to” the appropriate statute, in this
case, section 775.083.
REVERSED and REMANDED with instructions.
BENTON and MAKAR, JJ., CONCUR.
2
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2014 WL 4086561, 2014 Fla. App. LEXIS 12740
...to Florida Rule of Criminal Procedure 3.800(b)(2), arguing that the trial court erred by incorrectly indicating that the fine imposed pursuant to section
938.05, Florida Statutes, is $230.00; incorrectly indicating that the fine imposed pursuant to section
775.083(2), Florida Statutes, is $415.00; imposing a $100.00 cost of prosecution, without citing statutory authority; and imposing a $100.00 cost of defense, without citing statutory authority or informing Appellant of his right to a hearing to dispute the amount of the lien....
...all pay a $225.00 fine. The court imposed a $230.00 fine, citing this statute. We reverse and remand with instructions to reduce this assessment to $225.00 in the written judgment and sentence. See Turner v. State,
109 So.3d 276 (Fla. 1st DCA 2013). Section
775.083(2), Florida Statutes (2011), provides that court costs shall be assessed in the amount of $50.00 for a felony....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...r devices. (2) This section shall not apply to a person convicted of a felony whose civil rights have been restored. (3) Any person convicted of violating this section is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 3 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 5712
...public record, which at the time such knowledge or information is conveyed is exempt from [disclosure by] the provisions of §
119.01 [of the Public Records laws]. (2) Any person who willfully violates any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084, and shall be removed from office, employment, or the contractual relationship....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787984
...d pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that his sentence is illegal because he received both a fine and a term of imprisonment as a habitual offender. If Mr. Baker's fine had been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would have merit....
...nment of three years and a $50,000 fine. He received concurrent sentences on the other offenses. In his rule 3.800(a) motion, he challenged only the imposition of the fine. The written sentence states that the fine was imposed "pursuant to [s]ection 775.083," but that section gives the trial court discretion to impose a fine of only *420 $10,000 for a first-degree felony. See § 775.083(1)(b). Thus, section 775.083 does not authorize this fine....
...posed pursuant to section
893.135(1)(c)(1)(a). That statute states that a defendant found guilty of the offense "shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000." Section
775.083 is the general law that gives discretion to a trial court to impose a fine in a criminal case....
...775.082." Section
775.082 establishes the general terms of imprisonment for most offenses. Because habitual offender sentencing is imposed pursuant to section
775.084 as an exception to the general penalties in section
775.082, the courts have uniformly held that it is illegal to impose a discretionary fine under section
775.083 in a case in which the rest of the sentence is imposed pursuant to the habitual offender provisions in section
775.084....
...On closer examination, that does not seem to be what occurred in Floyd. The fine imposed in Floyd was $10,000. The relevant version of section
893.135 mandated a fine of $50,000. Thus, the fine imposed was actually the $10,000 discretionary fine under section
775.083(1)(b)....
...lving an offense committed between 1994 and 2000. [2] *421 Mr. Baker received a lawful five-year term of imprisonment as a habitual offender. Because his fine was mandatory under the language of section
893.135 and was not a discretionary fine under section
775.083, we conclude that the language in section
775.083, limiting fines under that statute to cases in which sentences are imposed under section
775.082, plays no role in our analysis....
...quired further consideration in the trial court, we conclude there is no conflict requiring en banc consideration. [2] Effective October 1, 2000, the legislature added an explicit reference in the drug trafficking statute to both section
775.084 and section
775.083. See ch. 2000-320, § 4, Laws of Fla. However, section
775.083 has never been amended to permit a discretionary fine when a habitual offender sentence is imposed.
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 769782
...* (b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 17642, 2010 WL 4630845
...The trial court did not rule on the motion within sixty days; thus, it is deemed denied. Fla. R. Crim. P. 3.800(b)(2)(B); Watts v. State,
973 So.2d 1271, 1272 (Fla. 2d DCA 2008). We strike the fines but affirm the costs. The written judgment includes a $500 fine pursuant to section
775.083(1), Florida Statutes (2007)....
...07). Because the $500 fine was not properly imposed, the $25 surcharge must also be stricken. See Perdue,
17 So.3d at 1283; Masengale,
969 So.2d at 1219; Dadds,
946 So.2d at 1130. Mr. Bryant challenges a $50 crime prevention cost imposed pursuant to section
775.083(2)....
...aw. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection.... § 775.083(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 675034
...On remand, the state may seek reimposition of this cost under section
943.25(13) if it is properly announced. See Reyes,
655 So.2d at 117. The trial court imposed a fine of $2000 and an additional 5% surcharge. No statute was cited when the fine was announced, but the written judgment cited section
775.0835 for the fine and section 960.25 for the surcharge. Section
775.0835 authorizes additional fines when a defendant is convicted of a felony that resulted in the injury or death of another person....
...Because Morran's convictions did not involve injury or death, the trial court erred in imposing a fine under this section. See Steele v. State,
575 So.2d 311 (Fla. 2d DCA 1991). If the statutory citation was a scrivener's error and the trial court intended to impose this fine under section
775.083, which authorizes a fine of up to $5000 for a third-degree felony, the trial court may reimpose the fine and surcharge on remand....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...(2015). The trial court sentenced him to concurrent terms of
98.25 months in prison, with a three-year mandatory-minimum prison term, for both
offenses. The trial court also orally imposed various fines and costs, including a $300
fine pursuant to section 775.083, Florida Statutes (2018), for both offenses....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1491717
...He also seeks review of the trial court's imposition of certain costs. We affirm the disposition without comment but remand with directions to strike two imposed costs. The trial court withheld adjudication, placed J.S. on probation, and assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006)....
...State,
949 So.2d 290, 291-92 (Fla. 5th DCA 2007). Here, adjudication was withheld. Also, J.S. was charged with a single felony count. Even if J.S. had been adjudicated delinquent, the $20 cost could not be imposed because it is applicable only to offenses other than felonies. See §
775.083(2)....
CopyCited 2 times | Published | Supreme Court of Florida
...This provision shall not apply to the importation of parts intended and used solely for the repair of such weapons. "(2) Any person who violates the provision of this act is guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...ious or indecent assault or act upon a child under the age of fourteen years as proscribed by §
800.04, F.S.A. 1971. Such offense is ordinarily punishable as a third degree felony for which a maximum of five years imprisonment is prescribed by F.S. §
775.083, F.S.A....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 6930
...2 This law provides for civil and criminal penalties if McArthur or his campaign officials knowingly and willfully fail to comply with the reporting requirements. See Fla.Stat. Sec.
106.19(1)(b)-(c) (1985); 3 id. Sec.
106.265 (amended 1986); 4 see also id. Secs.
775.082 &
775.083....
...(b) [f]ails to report any contribution required to be reported by this chapter; [or] (c) [f]alsely reports or deliberately fails to include any information required by this chapter ... is guilty of a misdemeanor of the first degree, punishable as provided in [section]
775.082 or [section]
775.083....
CopyCited 2 times | Published | Supreme Court of Florida
...vely or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Bellamy complains that the statute is vague and overbroad because it would appear to outlaw games played for money (such as professional football, tennis, jai-alai, etc.) considered by reasonable men to be innocent....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...court costs and an additional $100 for misdemeanor court costs
pursuant to section
938.05(1), Florida Statutes. However, because
Hogle was not convicted of any misdemeanors, the court should not
have included the $100. Additionally, the court imposed a $342.86
fine pursuant to section
775.083, as well as a related $17.14
surcharge pursuant to section
938.04. Because the court imposed
these as part of the $775 lump sum, the court erred. 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....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...2d DCA 1981), stand for the proposition that a court may not assess an indigent with court costs and attorney fees. We refuse to accept appellant's roundabout application of Ivory, Engle and Brown to this case. Regardless of the ultimate disbursement of the proceeds of the fine, such fine is expressly authorized under section 775.083(1)(c) as a penalty in addition to the prison term for the crime which he committed....
...2018,
26 L.Ed.2d 586 (1970) ("[N]othing ... precludes a judge from imposing on an indigent, as on any defendant, the maximum penalty prescribed by law."
399 U.S. at 243,
90 S.Ct. at 2023). We note that appellant is not without recourse if he is unable to pay the fine promptly. Section
775.083(2) provides that if a defendant is unable to pay such a fine, the court may defer payment until a date certain....
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468
...us attached upon conviction or adjudication of delinquency. We also note that in other instances when the Legislature intended adjudications of delinquency to operate in the same manner as a criminal conviction it has expressly stated so. See, e.g., § 775.083(2)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 88, 1991 WL 696
...such a destructive device or explosive. (2) Any person who manufactures, possesses, sells, or delivers a hoax bomb or mails or sends a hoax bomb to another person shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188415
...run consecutively to the sentence on the DUI count. On the DUI count, a fine totaling $7500 was imposed. The record reflects that the $7500 fine consisted of a $2500 fine under section
316.193, Florida Statutes (2004), as well as a $5000 fine under section
775.083, Florida Statutes (2004)....
...We therefore affirm Gonse's consecutive sentences. Gonse next argues that the trial court erred in imposing the fine totaling $7500. Gonse contends that the trial judge improperly imposed two separate fines on the DUI count, one pursuant to section
316.193 and one pursuant to section
775.083....
...Section
316.193(2)(b)(3) provides: Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s....
...However, the fine imposed for such fourth or subsequent violation may be not less than $1,000. This section makes a fine for this DUI offense mandatory. See Angel v. State,
769 So.2d 494, 496 (Fla. 4th DCA 2000) (holding that a fine is mandatory for fourth or subsequent DUI). Section
775.083(1)(c) provides that a person who has been convicted of a third-degree felony may be sentenced to pay a fine not to exceed $5000....
...third is twenty-five hundred." It was error for the trial court to impose a fine exceeding $5000. The only authority for a fine for a fourth or subsequent DUI offense comes from section
316.193(2)(b)(3), which refers to the imposition of fines under section
775.083....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 1367, 1997 WL 71603
...1396 ,
18 L.Ed.2d 493 (1967), we affirm appellant’s convictions and sentences. However, we strike sua sponte the trial court’s imposition of fines totalling $45,000 for three capital sexual battery convictions. We conclude that there is no statutory authority for these fines. Section
775.083(1) expressly provides: “A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s....
...775.082; when specifically authorized by statute, he may be sentenced to pay a fine in lieu of any punishment described in s.
775.082.” (Emphasis added). Section
794.011, the sexual battery statute, does not grant any additional author *1372 ity for the imposition of a fine. Section
775.083(l)(a), the statute apparently relied upon by the court, allows for a fine of up to $15,000 “when the conviction is of a life felony.” (Emphasis added)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 614883, 2013 Fla. App. LEXIS 2776
...1396 ,
18 L.Ed.2d 493 (1967); see also In re Anders Briefs,
581 So.2d 149 (Fla.1991) (permitting appellate counsel to raise minor sentencing error claims in Anders briefs). . The order concluded that $380 in costs must be stricken: the $200 fine imposed pursuant to section
775.083, Florida Statutes (2009), and the related surcharges imposed pursuant to sections
938.04 ($10) and
938.06 *1187 ($20) because these amounts were not separately orally pronounced at the sentencing hearing; the $50 prosecution investiga...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1632
...fying the imposition of the fine. The State suggests that since the defendant was adjudicated guilty of committing a second degree felony, the trial *754 court’s ruling could be affirmed because the imposition of a $500.00 fine is authorized under section 775.083 of the Florida Statutes; specifically, the statutory language which provides that a person who has been convicted of committing an offense other than a capital felony may be sentenced to pay a fine not exceeding $10,000.00....
...umentation. In fact, the trial court acknowledged on the record that it had no statutory basis upon which to impose the fine. Additionally, a juvenile delinquency adjudication does not constitute a “conviction”, as is required by the language of section 775.083(1) in order to justify the imposition of a fine pursuant to that portion of the statute....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 304568
...tifying the imposition of the fine. The State suggests that since the defendant was adjudicated guilty of committing a second degree felony, the trial *754 court's ruling could be affirmed because the imposition of a $500.00 fine is authorized under section 775.083 of the Florida Statutes; specifically, the statutory language which provides that a person who has been convicted of committing an offense other than a capital felony may be sentenced to pay a fine not exceeding $10,000.00....
...documentation. In fact, the trial court acknowledged on the record that it had no statutory basis upon which to impose the fine. Additionally, a juvenile delinquency adjudication does not constitute a "conviction", as is required by the language of section 775.083(1) in order to justify the imposition of a fine pursuant to that portion of the statute....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2428478
...costs and provide supporting documentation [3] and that the court considers Clark's financial resources and ability to pay. See Taylor,
821 So.2d at 405; Thibault,
945 So.2d at 647. Finally, Clark challenges the imposition of a $50 fine pursuant to section
775.083(2), Florida Statutes....
...When the defendant enters the plea or is convicted or adjudicated, in a court in that county, the court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from being rehabilitated or making restitution. § 775.083(2)(b) (emphasis added)....
...[4] This statute was amended effective July 1, 2003, such that the factual findings on the defendant's ability to pay are no longer required. See ch.2003-402, §§ 117, 155, Laws of Fla. Additionally, the charge is called a "court cost" in the amended statute. § 775.083(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 331905
...5th DCA 1999). The trial court denied this claim as successive but it appears this precise claim was not previously raised. We vacate the sentence on this count and remand for a non-habitualized sentence. In light of our disposition, the fine is proper. See § 775.083(1)(c), Fla.Stat....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5289
DAMOORGIAN, J. We reverse the trial court’s assessment of $50 in court costs against J.C. under section 775.083(2), Florida Statutes (2008), because a trial court may impose court costs on a juvenile under this section only when he or she is adjudicated delinquent....
...correct disposition or commitment error under Florida Rule of Juvenile Procedure 8.135(b) filed prior to or pending the instant appeal. Accordingly, we reverse and remand for the trial court to strike the $50 court cost assessment against J.C. under section 775.083(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 1563681
...Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee. DAMOORGIAN, J. We reverse the trial court's assessment of $50 in court costs against J.C. under section 775.083(2), Florida Statutes (2008), because a trial court may impose court costs on a juvenile under this section only when he or she is adjudicated delinquent....
...correct disposition or commitment error under Florida Rule of Juvenile Procedure 8.135(b) filed prior to or pending the instant appeal. Accordingly, we reverse and remand for the trial court to strike the $50 court cost assessment against J.C. under section 775.083(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13629
...The modification of probation therefore violated appellant’s right against double jeopardy. We also reverse the portion of the sentence assessing $50 for the Crimes Compensation Trust Fund. A court may assess that cost against a juvenile only when the juvenile has been adjudicated delinquent. See § 775.083(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4180056
...However, in Griffin v. State,
980 So.2d 1035 (Fla.2008), the Florida Supreme Court upheld the retroactive application of section
939.185. Thus, pursuant to Griffin, we affirm the imposition of this cost. The trial court imposed a $50 fine pursuant to section
775.083(2), Florida Statutes (2003). The imposition of this fine is discretionary if the trial court finds that the defendant has the ability to pay. Because the trial court did not pronounce the fine or determine Love's ability to pay it, the fine must be stricken. See
775.083(2)(b); Clark v....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21106
...f methaqualones, the trial court erred in sentencing Ortiz for that offense without a presentence investigation report and consideration of same. Angel v. State,
305 So.2d 283 (Fla. 1st DCA 1974); Johnson v. State,
355 So.2d 857 (Fla. 3rd DCA 1978). Section
775.083(l)(a-g), Florida Statutes, sets forth the maximum fine which may be imposed for designated crimes and non-criminal violations....
...al to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.” That subdivision does not contemplate potential or anticipated, as opposed to actual, pecuniary gain. Subdivision (g) of Section
775.083(1) permits the imposition of a fine higher in amount than that allowed under subdivisions (a)-(f) but not greater than that “specifically authorized by statute.” Section
893.135(l)(a)(2), Florida Statutes, provides that: (a) Any p...
...t less than 10,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of $50,000. Since a $50,000 fine is greater than the $10,000 fine allowable pursuant to subdivision (b) of Section 775.083(1), Florida Statutes, for the first degree felony, the former amount is the maximum amount which may be imposed upon a person found guilty of trafficking in over 2,000 but less than 10,-000 pounds of cannabis....
...ion of methaqualones in violation of Section 893.-13(l)(e), Florida Statutes. That provision provides, in pertinent part, that “any person who violates this provision is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s. 885.-084.” Section
775.083(l)(c), Florida Statutes, provides for a maximum fine of “$5,000, when the conviction is of a felony of the third degree.” Accordingly, we affirm the judgments of conviction and reverse and remand the cause for resentencing consistent with this opinion....
CopyCited 1 times | Published | Supreme Court of Florida
...8.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes. (This
provision refers to the optional fine for the Crimes Compensation Trust Fund and is not
applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).)
A sum of $ pursuant to section
938.27, Florida Statutes
(Prosecution/Investigative Costs).
A sum of $ pursuant to section 938...
...and the court having placed the defendant on probation/community control and having
subsequently revoked the defendant’s probation/community control
It Is The Sentence Of The Court That:
The defendant pay a fine of $ , pursuant to section
775.083, Florida Statutes, plus
$ as the 5% surcharge required by section
938.04, Florida Statutes.
The defendant is hereby committed to the custody of the Department of Corrections.
The defendant is hereby committed...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 627454
...which O'Neill was convicted in South Carolina. Violation of this statute in Florida constitutes a felony of the third degree, and is punishable by a term of imprisonment not to exceed five years (section
775.082(3)(d)) and/or a fine of up to $5,000 (section
775.083(c))....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 4526774
...rand théft. On the State’s proper concession of error, we reverse solely as to the imposition of a discretionary fine and surcharge. The trial court imposed “$1,522.50 court costs and fines.” This lump sum included the felony fine pursuant to section
775.083, Florida Statutes, and the five percent surcharge pursuant to section
938.04....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 4644
...he has fulfilled the requirements of §
316.062. (2) Any person willfully failing to stop or to comply with the requirements of subsection (1) under such circumstances is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." The debtor, who was the only witness, testified that on a dark rainy evening, while he was driving his car, he felt something hit his car, but kept going until he was stopped by a flat tire one-half mile down the road....
CopyCited 1 times | Published | Supreme Court of Florida
...or aiding in the concealing of such stolen property, makes satisfaction to the party injured to the full value of the property stolen and not restored, he shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.' "At trial there was expert testimony that the heifers in question ranged in value from $55, this amount constituting petit larceny, a misdemeanor, to over $100, amount required to prove grand larceny, a felony....
...ving, concealing stolen property. Whoever buys, receives, or aids in the concealment of stolen money, goods, or property, knowing the same to have been stolen, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Vaughn v....
...court may direct." and the statute involved sub judice dealing with adjudication of guilt and penalty which states in place of the above language: "... he shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." (emphasis supplied) Spurlock v....
...s Equus (horse), or any hybrid of the specified genera; or (g) Any make, type, or model of fire extinguisher, the offender shall be deemed guilty of grand larceny, which constitutes a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084......
...the genus Bos (cattle) or the genus Equus (horse) or any hybrid of the specified genera; or (f) Any make, type, or model of fire extinguisher, the offender shall be deemed guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084. (3) If the property received is not described in subsection (2), the offender shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084...."
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17925, 2010 WL 4705104
...However, we reverse and remand the denial of ground seven and direct the trial court to strike that portion of the appellant's sentence imposing a $5,000 fine. See King v. State,
681 So.2d 1136 (Fla.1996) (holding that a trial court may not impose a fine under section
775.083 when imposing a habitual felony offender sentence under section
775.084), receded from on other grounds in Carter v....
CopyCited 1 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074
...now resentences the defendant ____ and the court having placed the defendant on probation/community control and having subsequently revoked the defendant's probation/community control It Is The Sentence Of The Court That: ____ The defendant pay a fine of $____, pursuant to section 775.083, Florida Statutes, plus $____ as the 5% surcharge required by section 960.25, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639
...*1227 The special condition that Appellant and his parent(s)/legal guardian(s) pay court costs and a fine totaling $168.00 to the Victims’ Compensation Fund within 90 days must be considered according to its components. Fifty dollars of that amount is authorized by section 775.083(2), Florida Statutes (2007), which states that “court costs shall be assessed and collected in each instance a defendant ......
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 4483425
...He argues that the trial court erred in denying his motions for judgment of dismissal and in awarding court costs when adjudication was withheld. We affirm the finding of guilt, and the withholding of adjudication and placement on probation, but reverse the award of costs. As the State acknowledges, section 775.083(2), Florida Statutes (2008), provides for the assessment of court costs when a juvenile is adjudicated delinquent....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 8261, 2014 WL 2217233
...He’s taking up public resource, he needs to pay. He can pay when he gets out of prison at a rate of $50 a month through collections court. A trial court may impose a fine in addition to any penalty prescribed by section
775.082, Florida Statutes., See, §
775.083(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 2360939, 2013 Fla. App. LEXIS 8569
...We also strike portions of the judgment for fines, costs, fees, and surcharges. The trial court orally pronounced “costs and fines” of $1522.50 without delineating the specific costs and fines included in this amount. The written judgment and sentence included a discretionary fine of $1050 pursuant to section
775.083, Florida Statutes, and an associated five-percent surcharge 2 pursuant to section
938.04, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 6966
...He also seeks review of the trial court’s imposition of certain costs. We affirm the disposition without comment but remand with directions to strike two imposed costs. The trial court withheld adjudication, placed J.S. on probation, and assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006)....
...State,
949 So.2d 290, 291-92 (Fla. 5th DCA 2007). Here, adjudication was withheld. Also, J.S. was charged with a single felony count. Even if J.S. had been adjudicated delinquent, the $20 cost could not be imposed because it is applicable only to offenses other than felonies. See §
775.083(2)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2016 WL 3030837, 2016 Fla. App. LEXIS 8144
...ehicle. We affirm Appellant’s convictions without discussion. However, as the State correctly concedes, the trial court erred in imposing a $300 public defender lien pursuant to sections
27.562 and
938.29, Florida Statutes, a $200 fine pursuant to section
775.083(1), Florida Statutes, and a $10 surcharge pursuant to section
938.04, Florida Statutes, without giving Appellant notice and an opportunity to be heard. See §
938.29(1)(a), Fla. Stat. (2014) (mandating a $100 minimum public defender lien per felony case); §
27.52(1)(b), Fla. Stat. (2014) (mandating a $50 application fee); §
775.083(1), Fla....
...er, a trial court is required to give the defendant notice and an opportunity to be heard before imposing a lien amount beyond the minimum); Mills v. State,
177 So.3d 984, 985-88 (Fla. 1st DCA 2015) (en banc) (explaining that the fíne authorized by section
775.083(1) is discretionary and.its imposition thus requires notice, an opportunity to be heard, and specific pronouncement at the sentencing hearing and that the surcharge imposed pursuant to section
938.04 must also be reversed when the fine is reversed)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 2232316, 2013 Fla. App. LEXIS 8219
....800(b)(2). Because this motion was not ruled on within sixty days, it is considered to have been denied. Fla. R. Crim. P. 3.800(b)(2)(B). We first find the trial court erred by imposing in the written judgment and sentence a $1,050 fine pursuant to section
775.083, Florida Statutes; a 5 percent surcharge in the amount of $52.50 pursuant to section
938.04, Florida Statutes; and a $20 court cost pursuant to section
938.06, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 1673263, 2012 Fla. App. LEXIS 7545
...er corrected written judgments. At sentencing the trial court ordered Appellant to pay “court costs” of $971.25 in each ease. However, the written judgments for fines and costs in both cases ordered Appellant to pay $525.00 as a fine pursuant to section
775.083, Florida Statutes (2010); $26.25 as the five percent surcharge required by section
938.04, Florida Statutes (2010); and $420.00 in mandatory court costs, as well as a $25.00 administrative fee....
...ith argument that reversible error occurred in the trial court, with the exception of improperly imposing the fines and surcharges. The State concedes that the written judgments improperly imposed the fines and surcharges. We agree. *381 Pursuant to section
775.083(1), a person who has been convicted of an offense other than a capital felony may be sentenced to pay a fíne in addition to any punishment described in section
775.082, Florida Statutes (2010). Moreover, when specifically authorized by statute, a person may be sentenced to pay a fíne in lieu of any punishment described in section
775.082. §
775.083(1). In addition to any fine for any criminal offense prescribed by law, the trial court must also impose a five percent surcharge on the fíne. §
938.04. However, fines under section
775.083 are discretionary and must be orally pronounced at sentencing....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3975, 2009 WL 1162874
...rney General, Tampa, for Appellee. DAVIS, Judge. Thomas J. Crews, Jr., challenges his conviction and sentence for second-degree murder. We affirm Crews' conviction without comment but remand for the trial court to strike the cost imposed pursuant to section 775.083, Florida Statutes (2001)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 12689, 2003 WL 21051574
...[111] See Doc. No. 29, ś 2 at 1-2; see also Doc. No. 31 at 1-8. [112] See Fla. Stat. §
798.01â Living in open adultery: Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree punishable as provided in §
775.082 or §
775.083....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 WL 491406
...uant to Florida Rule of Criminal Procedure 3.800(b)(2), which the trial court denied. Affirmed in part, reversed in part, and remanded. SALCINES and WALLACE, JJ., Concur. NOTES [1] The statutory provision that supports the imposition of the fines is section 775.083, Florida Statutes (2002).
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 4591, 2015 WL 1443217
...Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State,
96 So.3d 1159 (Fla. 3d DCA 2012). Appellant also challenges the imposition of a discretionary fíne and surcharge that were not orally pronounced at the sentencing hearing. Such fines, pursuant to section
775.083, Florida Statutes (2012), cannot be announced as part of a lump sum, as was done below, but must be specifically pronounced....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29020
...Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. CAMPBELL, C.J., and SCHOONOVER and HALL, JJ., concur. NOTES [*] Because the offense has been reclassified as a felony, the court actually could have imposed a fine not exceeding $5,000. § 775.083(1)(a)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610419
...e the fine on remand), limited by Baker v. State,
941 So.2d 419 (Fla. 2d DCA 2006). The Second District has limited its opinion in Floyd. In Baker, it concluded that the fine imposed in Floyd actually was the $10,000 discretionary fine allowed under section
775.083, which is not allowed if a habitual sentence is imposed....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 WL 2540438
...We also affirm, without comment, the trial court's denial of the motion to suppress. However, Z.C.B. is correct that it was error for the trial court to impose $115 in court costs. The statute allows for such an amount to be imposed in conjunction with a felony charge, see § 775.083(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1476
...State,
504 So.2d 796 (Fla. 2d DCA 1987); Pettway v. State,
502 So.2d 1366 (Fla. 2d DCA 1987); Spivey v. State,
501 So.2d 698 (Fla. 2d DCA 1987). Defendant next contends that the trial court erred in imposing a fine. We disagree. A fine was permitted under section
775.083(1)(c), Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 3335083, 2013 Fla. App. LEXIS 10658
...tling observations aimed at the attorney are, necessarily, injurious to the one he represents. People v. Neal, 290 Mich. 123 , 287 N.W. 403, 405-06 (1939). We find no error in the trial court’s imposing the “crime-prevention cost,” pursuant to section 775.083(2), Florida Statutes (2010), without also imposing a fine....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10440, 2010 WL 2789670
...ithin the statutory maximum for a second-degree felony, but the court did not address James' claim about his fine. In his amended motion, James pointed out this omission to the postconviction court. James argued that the fine was imposed pursuant to section 775.083(1)(b), Florida Statutes (2001), which sets forth a maximum fine of $10,000 for a second-degree felony....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2744514
...[and] the financial needs and earning ability of the defendant" before imposing this prosecution/investigative cost. See Clark v. State,
963 So.2d 911, 912-13 (Fla. 2d DCA 2007); Thibault v. State,
945 So.2d 646, 647 (Fla. 2d DCA 2006). Next, Broadnax challenges the trial court's imposition of $65 pursuant to section
775.083(2), Florida Statutes (2000)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 28255
...Florida punishes disorderly intoxication and disorderly conduct under
an identical scheme: both offenses are classified as second-degree misdemeanors,
and both offenses carry a maximum penalty of 60 days in jail and a $500 fine, as
provided in sections
775.082 and
775.083. See Fla. Stat §§
775.082(4)(b),
775.083(1)(e),
856.011,
877.03....
...“public intoxication,” but the public intoxication statute repealed in 1973 provided
that “[w]hoever shall be or become drunk from the voluntary use of intoxicating
liquors or drugs shall be guilty of a misdemeanor of the second degree, punishable
as provided in §
775.082 or §
775.083.” Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...to resentence Appellant accordingly. See Hall v. State ,
826 So.2d 268 , 272 (Fla. 2002). As to fees and costs, Appellant challenges three assessments in the written judgments and sentences for each of the six cases: a discretionary fine pursuant to section
775.083(1), Florida Statutes ; a surcharge pursuant to section
938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section
938.27(1), Florida Statutes....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 125271
...r, willfully to flee in an attempt to elude the
officer, and a person who violates this subsection commits
a felony of the third degree, punishable as provided in
§
775.082, §
775.083, or §
775.084.
(2) Any person who willfully flees or attempts to elude a law
enforcement officer in an authorized law enforcement
patrol vehicle, with agency insignia...
...ther jurisdictional
markings prominently displayed on the vehicle, with siren
and lights activated commits a felony of the third degree,
punishable as provided in §
775.082, §
775.083, or
§
775.084.
3
Case: 14-14329 Date Filed: 01/12/2016 Page: 4 of 4
longer ACCA-qualifying offenses and cannot form the basis for a sentencing
enhancement under the ACCA....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 337, 38 Fla. L. Weekly Fed. D 121
...uring the early morning hours of February 6, 2010. We affirm his conviction without comment, but we find the state’s concession of error to be proper with respect to the fines, surcharges, and costs imposed at sentencing. “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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2859, 2016 WL 746359
...establish that no set of circumstances exists under which the statute would be valid."
DIRECTV, Inc. v. State, Dep't of Revenue, 40 Fla. L. Weekly D1375, D1376 (Fla. 1st
DCA June 11, 2015) (quoting Cashatt v. State,
873 So. 2d 430, 434 (Fla. 1st DCA
2004)).
Section
775.083(1), Florida Statutes (2013), provides a reference point for
fines in criminal proceedings. The statutorily designated fines "shall not exceed" $5000
for a third-degree felony conviction, $1000 for a first-degree misdemeanor conviction,
and $500 for a second-degree misdemeanor conviction. §
775.083(1)(c), (d), (e).
However, section
775.083(1)(g) also authorizes "higher amount[s] specifically
authorized by statute." A fine within the permissible range otherwise authorized by the
legislature is presumptively constitutional....
...State,
478 So. 2d
1077, 1083 (Fla. 3d DCA 1985).
Cotton's challenge to the constitutionality of the fine as applied to Cotton,
while a closer issue, also fails. As in the forfeiture context, fines of a greater amount
than authorized by section
775.083 should receive closer scrutiny....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 573799, 2017 Fla. App. LEXIS 1831
...Many of the individual costs imposed were
mandatory, and the court was not required to separately identify those assessments
at the sentencing hearing. Lang v. State,
856 So. 2d 1105, 1107 (Fla. 1st DCA 2003)
(citing Reyes v. State,
655 So. 2d 111, 116 (Fla. 2d DCA 1995)).
However, a fine pursuant to section
775.083, Florida Statutes (2014), is
discretionary, and may not be imposed without notice and an opportunity to be
*
The State also conceded error with regard to Trusty’s claim that the criminal
punishment scoresheet incorrectly classi...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...which is entitled "Lewd, lascivious or indecent assault or act upon or in presence of child," a felony in the second degree for which the penalty prescribed [§
775.082(2)(b) Fla. Stat., F.S.A.] is imprisonment in the state penitentiary for not *146 exceeding 15 years, or a fine not to exceed $10,000 [§
775.083(1)], or both....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 323335
...appeals the order adjudicating him delinquent of four counts of burglary of a conveyance. We affirm the final order in all respects except for the imposition of $115 in costs. The disposition order requires that E.A.D. pay $115 in court costs "pursuant to F.S.
775.083(2) Crime Prevention Fund and F.S.
938.03 Crimes Compensation Trust Funds." The State correctly concedes error in that these statutes authorize the trial court to impose a total of only $100 in costs$50 pursuant to section
775.083(2), Florida Statutes (2007), which states that "court costs shall be assessed and collected in each instance a defendant......
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1986 Bankr. LEXIS 4684
...obtain property from more than one person by false or fraudulent pretenses, representations, or promises, and who so obtains property from one or more such persons is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084." Either of these violations, whether treated under Chapter 687 or Chapter 817 of the Florida Statutes will give rise, independently, to a civil action for treble damages, punitive damages and attorney's fees under the Florida RICO Statute as set forth in Fla.Stat....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 18023, 2015 WL 7752702
....”
Florida ex rel. Atty Gen. v. Dep’t of Health & Human Servs.,
648 F.3d 1235,
1284 (11th Cir. 2011).
Solicitation of prostitution, a second-degree misdemeanor, is
punishable by up to sixty days in jail and a fine up to $500.1 Significantly,
section
775.083(g) authorizes the imposition of fines in “[a]ny higher
1Effective October 1, 2015, the legislature amended the statute to provide that
solicitation of prostitution is a first-degree misdemeanor....
...1, 2013, the
legislature increased the civil penalty for the offense of solicitation of
prostitution from $500 to $5,000. Ch. 2012-105, § 7, Laws of Fla. This
civil penalty is in addition to the $500 fine authorized for a second-degree
misdemeanor. Section 775.083(6) directs that $500 of the $5,000 civil
penalty be used to pay the administrative costs of treatment-based drug
court programs and that the remainder be used to fund safe houses for
sexually exploited children.
The ultimate quest...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2215392
...as improperly imposed. The form order included a mandatory cost for felony convictions which set out six statutes allegedly authorizing the imposition of the cost in the total amount of $370. This list of statutes included sections
939.185(1)(a) and
775.083(2), Florida Statutes (2004)....
...State,
892 So.2d 538, 540 (Fla. 1st DCA 2005)). Therefore, we remand for the trial *507 court to strike $65 of the $370 cost imposed pursuant to section
939.185(1)(a). Denegall's challenge to the $50 portion of the $370 cost, the imposition of which was based on section
775.083(2), also is meritorious....
...The cost statute in effect at the time Denegall committed his offenses was discretionary, and it was error for the trial court to have imposed this cost as a mandatory cost. See Stewart v. State,
916 So.2d 53, 54 (Fla. 2d DCA 2005). Therefore, we remand for the trial court to strike $50 of the $370 cost imposed pursuant to section
775.083(2)....
...On remand the trial court shall impose a new sentence up to the maximum of five years' imprisonment for possession of amphetamine with intent to sell or deliver. Additionally, we remand for the trial court to strike from the monetary obligation order the imposition of the section
939.185(1)(a) cost of $65 and the section
775.083(2) cost of $50, both of which were included in the $370 felony mandatory cost....
CopyCited 1 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 5076, 1993 WL 118173
...nveyance. (2)(a) ... (b) If the offender defies an order to leave, personally communicated to him by the owner of the premises or by an authorized person, ... he is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyPublished | Florida 2nd District Court of Appeal
includes a $4,500 fine imposed pursuant to section
775.083, Florida Statutes (2022). "A fine
CopyPublished | Florida 1st District Court of Appeal
...3d 1094, 1095 (Fla. 1st DCA 2015) (“[A] new trial is
required only if the trial court is unable to conduct a nunc pro tunc
evaluation of the defendant’s competency at the time of the
original trial.”).
Finally, a discretionary fine and surcharge under section
775.083, Florida Statutes, was imposed on Rosier, but not orally
pronounced at sentencing....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The state trial court entered a judgment sentencing
Chamblee to 25 years in prison and ordering him to pay three different sums that
are relevant to this appeal: (1) a $225 court cost under Fla. Stat. §
938.05; (2) a $20
court cost under Fla. Stat. §
938.06; and (3) a $50 fine under Fla. Stat.
§
775.083(2)....
...The court noted that
1
The 2003 version of the Florida Statutes applicable in Chamblee’s case referred to the
$50 assessment as a “fine,” but the statute was amended in 2004 and reclassified the $50
assessment as a “court cost.” Compare Fla. Stat. § 775.083(2)(b) (2003) (providing that “[t]he
fine is $50 for a felony....
...[and] the court may order the defendant to pay such fine if the court
finds that the defendant has the ability to pay the fine and that the defendant would not be
prevented thereby from being rehabilitated or making restitution”), with Fla. Stat. § 775.083(2)
(2004) (providing that “[t]he court costs imposed by this section shall be $50 for a felony”).
3
Case: 16-16452 Date Filed: 09/28/2018 Page: 4 of 16...
CopyPublished | District Court of Appeal of Florida
erred in imposing a discretionary fine under section
775.083, Florida Statutes, and a related surcharge
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
..._ $3.00 as a court cost pursuant to section
938.01, Florida Statutes (Criminal Justice Trust Fund). _ $2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties). _ A fíne in the sum of $_pursu-ant to section
775.0835, Florida Statutes. (This provision refers to the optional fíne for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) _ A sum of $ pursuant to section
938.27, Florida Statutes (Prosecution/Investigative Costs)....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15327
that fashion. Since entry of the final judgment, §
775.083(2), F.S.1973 (1974 Supp.), became effective to
CopyPublished | Florida 1st District Court of Appeal
... correct this sentencing error pursuant to Florida Rule of Criminal Procedure
3.800(b)(2). However, the state properly concedes the trial court erred in assessing
several statutory fines and costs.
First, the imposition of the $2100 fine pursuant to section
775.083(1),
Florida Statutes (2007), the associated surcharge of $105 pursuant to section
938.04, Florida Statutes (2007), and the $20 cost pursuant to section
938.06,
Florida Statutes (2007), was erroneous because the trial court did not individually
pronounce the discretionary $2100 fine during sentencing....
CopyPublished | Florida 1st District Court of Appeal
...before this one.
Second, only $374 of the $456 court costs assessed on the DUI
count are supported by the statutes and county ordinances listed
in the court’s written order. See §§
938.01,
938.03,
938.05,
938.06,
938.07,
938.13,
938.19,
939.185,
775.083(2),
318.18(17), Fla....
...ch the court determines
the defendant is unable to pay”). Community service is not an
authorized alternative to the payment of the $250 fine assessed on
the leaving-the-scene count. Rather, regarding this count—a
second-degree misdemeanor—section 775.083(1), Florida
Statutes, provides that “[i]f a defendant is unable to pay a fine, the
court may defer payment of the fine to a date certain.”
The last error is the trial court’s authorizing Appellant to
perform community service in lieu of paying court costs....
CopyPublished | Florida 1st District Court of Appeal
challenge to the discretionary fine of $200 under section
775.083(1), Florida Statutes; the accompanying $10
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15259
...lic beverage in a public place or in or upon any public conveyance and cause a public disturbance. (2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyPublished | Florida 4th District Court of Appeal | 2010 WL 3564713
...The modification of probation therefore violated appellant's right against double jeopardy. We also reverse the portion of the sentence assessing $50 for the Crimes Compensation Trust Fund. A court may assess that cost against a juvenile only when the juvenile has been adjudicated delinquent. See § 775.083(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
... include a mandatory fine. It is not clear that the court would have imposed
the same fine had it known that the fine was not mandatory. On remand,
the trial court may reconsider imposing a fine consistent with a third-
degree felony conviction. See § 775.083(1)(c), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...See
35
Case: 20-12003 Date Filed: 09/11/2020 Page: 36 of 200
Fla. Stat. §
142.01(1) (establishing the “fine and forfeiture fund” for use “in
performing court-related functions”); id. §
775.083(1) (directing that criminal fines
be deposited in the fine and forfeiture fund); id....
CopyPublished | Court of Appeals for the Eleventh Circuit
...See
35
Case: 20-12003 Date Filed: 09/11/2020 Page: 36 of 200
Fla. Stat. §
142.01(1) (establishing the “fine and forfeiture fund” for use “in
performing court-related functions”); id. §
775.083(1) (directing that criminal fines
be deposited in the fine and forfeiture fund); id....
CopyPublished | District Court of Appeal of Florida
order, however, listed a fine pursuant to section
775.083, Florida Statutes (2017), in the amount of
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103
...___ $3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). ___ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ___ A fine in the sum of $___ pursuant to section
775.0835, Florida Statutes. (This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) ___ $20.00 pursuant to section 939.015, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund). ___ A 10% surcharge in the sum of $___ pursuant to section
775.0836, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21696
...g or investigation; or (b) Make, present, or use any record, document, or thing, knowing it to be false. (2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in § 755.082, §
775.083 or §
775.084....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21842
...We vacate the present fine and remand for imposition of an appropriate fine which shall not be joint and several. Accordingly, we affirm in part and reverse in part and remand. Upon remand, the imposition of an appropriate fine is a sentencing under the provisions of Section 775.083 Florida Statutes (1981), and Dolan at such time is entitled to the sentencing rights articulated in State v....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21845
...We vacate the present fine and remand for imposition of an appropriate fine which shall not be joint and several. Accordingly, we affirm in part and reverse in part and remand. Upon remand, the imposition of an appropriate fine is a sentencing under the provisions of Section 775.083 Florida Statutes (1981), and Caruso at such time is entitled to the sentencing rights articulated in State v....
CopyPublished | Florida 1st District Court of Appeal
...dwelling and grand theft. On the State’s proper concession of error, we reverse
solely as to the imposition of a discretionary fine and surcharge. The trial court
imposed “$1,522.50 court costs and fines.” This lump sum included the felony fine
pursuant to section
775.083, Florida Statutes, and the five percent surcharge
pursuant to section
938.04....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 19, 2024
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139
...The child has been adjudicated delinquent and the child is required to pay $.an Additional cost, under section
939.185, Florida Statutes, if authorized by county ordinance. *1138 . The child has been adjudicated delinquent and assessed a fíne and the child is required to pay $.to the Crime Prevention Trust Fund, under section
775.083(2), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 11199, 1997 WL 606473
...ons of probation and costs. We strike that portion of condition (20) found in each judgment requiring Davis to pay for evaluation and treatment. See Curry v. State,
682 So.2d 1091 (Fla.1996). We also strike the discretionary fine imposed pursuant to section
775.083, Florida Statutes (1993), in each case because it was not pro *93 nounced at sentencing....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...A person who knowingly provides false information to the clerk or the court in seeking a
determination of indigent status under s.ection
27.52, F.S.Florida Statutes, commits a
misdemeanor of the first degree, punishable as provided in s.ection
775.082, F.S.Florida Statutes,
or s.ection
775.083, F.S.Florida Statutes....
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes. (This
provision refers to the optional fine for the Crimes Compensation Trust Fund and is not
applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).)
A sum of $ pursuant to section
938.27, Florida Statutes
(Prosecution/Investigative Costs).
A sum of $ pursuant to section
938.29, F...
...now
resentences the defendant
and the court having placed the defendant on probation/community control and
having subsequently revoked the defendant’s probation/community control
It Is The Sentence Of The Court That:
The defendant pay a fine of $ , pursuant to section
775.083, Florida Statutes, plus
$ as the 5% surcharge required by section
938.04, Florida Statutes.
The defendant is hereby committed to the custody of the Department of
Corrections.
The def...
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 17672, 2014 WL 5462495
PER CURIAM. Appellant raises four minor sentencing errors in this Anders appeal: (1) imposition of a $230 cost pursuant to section
938.05(l)(a), Florida Statutes (2009), when the statutory maximum is $225; (2) imposition of a $415 cost pursuant to section
775.083(2) when the statutory maximum is $50; (3) imposition of the $100 cost of prosecution without citing the statutory basis for the cost; and (4) imposition of the $100 cost of defense without citing the statutory basis for the cost or giving Appellant an opportunity to contest the amount of the cost....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2009) (vacating sentence and
remanding for resentencing because “the trial court appear[ed] to have relied on
Appellant’s prior acquittals in sentencing him”).
Separately, the state correctly concedes the trial court erred in imposing a
discretionary fine pursuant to section 775.083(1), Florida Statutes, “without
specifically pronouncing the fine at the sentencing hearing.” Nix v....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 3010338
...State,
949 So.2d 1047, 1048 (Fla. 2d DCA 2006). Marsh's crime was committed on July 23, 2003, before the statute came into existence. Therefore, the cost was erroneously imposed. Marsh also challenges the trial court's order imposing a $50 cost "pursuant to F.S.
775.083(2)." Although the imposed cost was mandatory under the 2004 version of section 772.083(2), the version of this statute in effect at the time of the commission of the crime was discretionary and required that the trial court find that the defendant had the ability to pay. §
775.083(2)(b), Fla....
...t be stricken. See Gonzalez v. State,
939 So.2d 224, 225 (Fla. 2d DCA 2006); Stewart v. State,
916 So.2d 53, 54 (Fla. 2d DCA 2005). Accordingly, we strike the $65 court cost imposed pursuant to section
939.185(1) and the $50 cost imposed pursuant to section
775.083(2)(b) and remand to the circuit court to correct the judgment. On remand, the trial court may reimpose the $50 cost pursuant to section
775.083(2)(b) if it conducts the necessary hearing and makes the required findings....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 11853, 1997 WL 637565
...2d DCA 1996); (2) failing to announce restitution as a condition of probation and listing the police department as the recipient of restitution, see Williams v. State,
588 So.2d 660 (Fla. 1st DCA 1991), and Bain v. State,
559 So.2d 106 (Fla. 4th DCA 1990); and (3) requiring Rudd to pay a fine under section
775.083, Florida Statutes (1993), a discretionary cost which was not announced at sentencing....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 16751, 2014 WL 5100185
...We affirm, without further discussion, the denial of grounds one through four of the appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). However, we reverse and remand the denial of ground five for the trial court to strike the $699.05 fine imposed pursuant to section 775.083, Florida Statutes, and the related surcharge of $34.95....
CopyPublished | Florida 1st District Court of Appeal
...our of
the appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of
Criminal Procedure 3.800(a). However, we reverse and remand the denial of
ground five for the trial court to strike the $699.05 fine imposed pursuant to section
775.083, Florida Statutes, and the related surcharge of $34.95....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 15807, 2014 WL 5039699
...the petit theft charge and vacate the fine relating to the habitual felony offender status. REVERSED AND REMANDED with instructions. SAWAYA, COHEN, JJ., and HARRIS, C.M., Senior Judge, concur. . A trial court is not authorized to impose a fine under section
775.083, Florida Statutes, when defendant sentenced as a habitual offender under section
775.084, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...rection of the following
minor sentencing errors: imposition of a $230 cost pursuant to section
2
938.05(1)(a), Florida Statutes, when the statutory maximum is $225; imposition of
a $415 cost pursuant to section
775.083(2), Florida Statutes, when the statutory
maximum is $50; and imposition of the $100 cost of prosecution without citing the
statutory basis for the cost....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
punishable as provided in section
775.082 or section
775.083, Florida Statutes.7 Thus, the plain language
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 19493, 2014 WL 6721071
...n judgment erroneously cites Appellant’s aggravated battery conviction as a violation of section
787.01(l)(a)3., Florida Statutes, instead of section
784.045(l)(a). We also agree that the trial court erred in imposing a $415 court cost pursuant to section
775.083(2), Florida Statutes, instead of the statutorily authorized fee of $50 for a felony....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 18117, 2003 WL 22799572
...the purpose of causing or inducing any other person to purchase, lease, or rent real estate located in the state, or to acquire an interest in the title thereto, is guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18982
...rformance, or in any manner knowingly hires, employs, uses or permits any person to wholesale promote or assist in wholesale promoting any obscene matter or performance is guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083 or §
775.084....
CopyPublished | Florida 4th District Court of Appeal
...1st DCA
2020) (citing Osterhoudt v. State,
214 So. 3d 550, 551 (Fla. 2017)).
Here, the trial court orally pronounced costs and fees but did not
impose a fine. Indeed, there are no mandatory fines for the third-degree
felonies charged in this case. See §
775.083, Fla....
CopyPublished | Florida 1st District Court of Appeal
...specifically pronouncing it, the fine and any surcharge on that fine
must be struck. Id.
During the appellant’s sentencing, the trial court announced
a lump-sum total of all the court costs and fines it was imposing.
Included in the lump-sum total was a $700.00 fine pursuant to
section 775.083, Florida Statutes (2015). Section 775.083 lists all
3
of the fines a trial court may impose, but those fines are not
mandatory....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
..._$3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). _$2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). _A fíne in the sum of $_pursuant to section
775.0835, Florida Statutes. (This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) _$20.00 pursuant to section 939.015, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund). _A 10% surcharge in the sum of $_ pursuant to section
775.0836, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund)....
...now resentences the defendant _and the court having placed the defendant on probation/community control and having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: _The defendant pay a fine of $_, pursuant to section 775.083, Florida Statutes, plus $_as the 5% surcharge required by section 960.25, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17265
...After a full and independent review of the record, we affirm the disposition order but remand to the trial court with instructions to correct a relatively minor sentencing error by striking costs in the amount of $20.00 imposed pursuant to the Crime Prevention Fund and section 775.083(2), Florida Statutes (2008)....
...See In re Anders Briefs,
581 So.2d 149, 152 (Fla.1991) (directing appellate courts to follow Anders procedure even where costs and other minor sentencing errors are raised in the Anders brief); J.S. v. State,
19 So.3d 380 (Fla. 2d DCA 2009) (remanding with directions to strike costs imposed under section
775.083(2), where the adjudication of delinquency was withheld); C.M.S. v. State,
997 So.2d 520, 521 (Fla. 2d DCA 2008) (noting that such costs under that statute can be assessed against a juvenile only upon an adjudication of delinquency). AFFIRMED and REMANDED with instructions to strike costs assessed under section
775.083(2)....
CopyPublished | Florida 5th District Court of Appeal | 1975 Fla. App. LEXIS 18819
degree, punishable as provided in § 77S.082 or § 775.-083.” At trial there was expert testimony that the
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17591
...receives or accepts more than five bets or receives bets totaling more than $500, or engages in a common bookmaking scheme with three or more persons, is guilty of a felony of the third degree, punishable as provided in [section]
775.082, [section]
775.083, or [section]
775.084_ ....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17146
...motions for judgment of dismissal and in awarding court costs when adjudication was withheld. We affirm the finding of guilt, and the withholding of adjudication and placement on probation, but reverse the award of costs. As the State acknowledges, section 775.083(2), Florida Statutes (2008), provides for the assessment of court costs when a juvenile is adjudicated delinquent....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901
...ant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fundh __ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ___ A fine in the sum of $_^_ pursuant to section
775.0835, Florida Statutes. (This provision refers to the optional fine for the Crimes Compensation Trust Kind and is not applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).) __ $20.00 pursuant to section 939.015, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund). __ A 10% surcharge in the sum of $___pursuant to section
775.0836, Florida Statutes (Handicapped and Elderly Security Assistance Trust Fund)! __ A sum of $____ pursuant to section 27.3455, Florida Statutes (Local Government Criminal Justice Trust Fund)....
...unity control and havmg subsequently revoked the ©defendant’s probation/community control by separate order entered herein^ I-T-Ig THE SENTENCE--QF- THE LAW thatdt Is The Sentence Of The Court That: _ The ©defendant pay a fine of $_, pursuant to section 775.083, Florida Statutes, plus $_as the 5% surcharge required by ©¿©section 960.25, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 8063, 2005 WL 1250496
LaROSE, Judge. Phillip John Wilson appeals his conviction and sentence for possession of Al-prazolam. We affirm the judgment and sentence, with one exception. We strike the $1000 fine imposed under section 775.083(l)(c), Florida Statutes (2003), and remand for correction of the written order assessing fines and costs. The trial court orally pronounced a fine of $100 under section 775.083(l)(c)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7868, 2005 WL 1225418
...nced by Parham’s rule 3.800(b)(2) motion: $2.00 for the Criminal Justice Education by Municipalities and Counties pursuant to section
938.15, Florida Statutes (2003); a $150 court facility fee pursuant to section 939.18; and a $22 fine pursuant to section
775.083....
CopyPublished | Florida 6th District Court of Appeal
...The trial court
then stated that the total amount Redman owed was $997, which is $25 more than
the combined total of the amounts previously stated. In its written Judgment and
Sentence, the trial court imposed $796 for fines and court costs, citing sections
939.185,
938.05,
938.19,
938.05,
938.01,
938.06,
938.04,
775.083,
318.18,
939.185,
and
938.27, Florida Statutes (2023), as authority for doing so, and also imposed a
$201 domestic batterer’s surcharge, for a total of $997 in fines and costs.
Redman appealed, and while his appeal was pending, Red...
...t a reviewing court to determine the
statutory authority for the costs.” Anderson v. State,
229 So. 3d 383, 386 (Fla. 4th
DCA 2017).
Here, the trial court orally pronounced that Redman would be fined $500. This
fine was appropriate under section
775.083(1)(d), Florida Statutes (2023), which
allows for imposition of a fine of up to $1,000 following the conviction of a first-
2
degree misdemeanor....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 1235898
...Therefore, we direct the trial court on remand to strike the first amended uniform costs order of June 6, 2005. The trial court shall enter a second amended uniform costs order that does not include the additional $50 crime prevention court cost, pursuant to section
775.083, Florida Statutes (2004), and the additional $65 court cost, pursuant to section
939.185, Florida Statutes (2004), that were not imposed in the original uniform costs order....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3156, 2011 WL 799745
...State,
957 So.2d 595, 599 (Fla.2007); Fla. R. Juv. P. Rule 8.110(j)(2), Florida Statutes (2008). The respondent’s challenge to several of the items of the court costs assessed below, however, has considerable merit. First, we agree that the $20 crimes prevention program cost, see section
775.083(2), Florida Statutes (2009), does not apply to juvenile withholds of adjudication like this....
CopyPublished | Florida 3rd District Court of Appeal | 1976 Fla. App. LEXIS 14921
degree, punishable as provided in §
775.082 or § 775.-083, and if the death of any human being be caused
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1410, 1990 WL 20392
...and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 503520
...There is no statutory authority for imposing a monetary fine simply because a juvenile exercises her constitutional right to go to trial. The trial court cited no such authority in imposing the fine, and the State commendably agrees that there is no such authority. Section 775.083(1), Florida Statutes (2005), which authorizes the imposition of a fine for any person "convicted of an offense," does not apply to juvenile proceedings because a juvenile is adjudicated delinquent, and not convicted....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15248
addition be assessed up to a $5,000 fine, Section 775.-083(l)(c), Florida Statutes (1975). However, the
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 135227
...The curtailment of high-speed pursuits and of criminals attempting to flee law enforcement bears a reasonable and substantial relation to the public health, welfare, and safety. We must, however, strike a fine and cost that were imposed without oral pronouncement. These include a $44.77 fine pursuant to section 775.083, Florida Statutes (1995), and a surcharge of $2.23 pursuant to section 960.25, Florida Statutes (1995)....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 881, 1987 Fla. App. LEXIS 7391
imprisonment not exceeding 60 days and, pursuant to section
775.083, Florida Statutes, a $500 fine. On its face
CopyPublished | Florida 5th District Court of Appeal
...1 Anders v. California,
386 U.S. 738 (1967).
Appellant was convicted of first-degree murder on count I of
the indictment. Because this count was for a capital felony under
Florida law, imposition of the $500 fine as to that count was
unauthorized. See §
775.083(1), Fla....
...775.082 . . . .” (emphasis added)); id. §
782.04(1)(a) (classifying
first-degree murder as a capital felony); see also Carroll v. State,
392 So. 3d 1109, 1109 (Fla. 5th DCA 2024) (finding imposition of
fine on a capital offense is not authorized under section
775.083(1)).
Accordingly, we affirm the convictions and sentences imposed,
reverse the imposition of the $500 fine and related surcharge on
count I, and remand to the trial court for the entry of an amended
judgment and sentence consiste...
CopyPublished | Florida 1st District Court of Appeal
...ed surcharge and the public
defender lien. Accordingly, we reverse these discretionary costs and remand for
further proceedings.
In addition to the mandatory costs, the written judgment reflected a
discretionary cost of $342.86 pursuant to section
775.083 and a surcharge of
$17.14 pursuant to section
938.04....
...Contrary to the trial court’s order denying Appellant’s rule 3.800(b)(2) motion, this
pronouncement was insufficient to notify Appellant that such a fine and surcharge
would be imposed. This court has held repeatedly that the fine authorized by
section 775.083 is a discretionary fine which must be specifically pronounced at
the sentencing hearing....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3718, 2003 WL 1239204
...(3) Any person: (a) Who is in violation of subsection (i); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes: 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. 2. Serious bodily injury to another, as defined in s.
316.1933, commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. 3. The death of any human being commits DUI man-slaughter, and commits: *501 a. A felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. b. A felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s....
...However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of the probation, order the impoundment or immobilization of the vehicle that was operated by ... the defendant ... for a period of 10 days.... Section 775.083(l)(d), Florida Statutes (1997) provides for a fine of up to $1,000.00 on a first-degree misdemeanor....
...McGhee contends that the trial judge erred in finding that he was required to impose any special conditions on his probation. He argues that, under section
316.193(3)(c)l., DUI causing damage to property is punishable solely as provided in section
775.082 and section
775.083, and that section
316.193(6) applies only to a conviction for violation of subsection (1) of the same section....
...1. By a fine of: c. Not less than $1,000 or more than $2,500 for a third conviction; and. (b) Any person who is convicted of a fourth or subsequent violation of subsection (1) is guilty of a felony of the third degree, punishable as provided in ... s. 775.083.......
...elony of the third degree and makes no reference to fines. In fact, subsection (b) is specifically excluded from the fine schedule in subsection (a). Griffith,
540 So.2d at 917 . By footnote, the court noted that while no minimum fine was imposed by section
775.083(l)(a)-(c), Florida Statutes (1987), a fine of up to $5,000.00 could be imposed....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12269
served. We conclude that this is not the case. Section 775.-083(1), Florida Statutes (1983), provides, in
CopyPublished | Supreme Court of Florida | 1974 Fla. LEXIS 4374
...nder has been previously convicted of any offense under chapter 398 or chapter 404 at the time of the commission of the offense of delivery under this section, he shall be guilty of a felony of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084; and the imposition of the sentence shall not be suspended or deferred, nor shall the person so convicted be placed on probation.” The penalty upon conviction for a felony of the first degree is provided for in Section 775...
CopyPublished | Florida 1st District Court of Appeal
...tencing error
pursuant to Florida Rule of Criminal Procedure 3.800(b), alleging that the trial
court erred by: (1) imposing two special conditions of probation which were not
orally pronounced at sentencing, (2) imposing a $2,000 fine pursuant to section
775.083, Florida Statutes (2009), without an oral pronouncement, (3) imposing a
$100 surcharge on the fine pursuant to section
938.04, (4) imposing a $20
surcharge on the fine pursuant to section
938.06, and (5) imposing a $100 indigent
l...
...In this case, the trial court announced fines and costs as a lump sum, but the
oral pronouncement did not delineate the specific costs and fines included in the
amount. As a result, the imposition of the $2000 discretionary fine pursuant to
section
775.083, Florida Statutes (2009), and the surcharges imposed on that fine
pursuant to sections
938.04 and
938.06,1 must be reversed....
CopyPublished | Florida 4th District Court of Appeal
...But even if the correct procedure for indirect criminal contempt of court had been followed, we would still vote to find the fine excessive. The fine imposed is $1,700,000. As we read the statutes, the amount of fines in criminal cases is controlled by section 775.083, Florida Statutes (1993), which authorizes fines ranging from $15,000 for life felonies down to $500 for second degree misdemeanors and noncriminal violations, unless another statute specifically allows an even higher amount. Subsection (f) of section 775.083 authorizes "any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim." Neither of these alternative justifications is available here because ther...
CopyPublished | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 15526
...n, uses profane, vulgar and indecent language, in any public place; or upon the private premises of another, or so near thereto as to be heard by another, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083; but no prosecution for any such offense shall be commenced after 20 days from the commission thereof.
CopyPublished | Florida 1st District Court of Appeal
...He argues that the trial court erred by: (1)
imposing a discretionary fine and surcharge without orally
pronouncing them, and (2) failing to conduct a competency
hearing.
We agree that the trial court erred when it imposed the
discretionary fine and surcharge under section 775.083, Florida
Statutes, without orally pronouncing them at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1442
...on 960.20, Florida Statutes (1983). We also note that the court ordered appellant to pay $2.00 in court costs under section
943.25(4), Florida Statutes (1983). The trial court did not err in imposing a $1,050.00 fine as part of appellant's sentence. Section
775.083(1)(c), Florida Statutes (1983), expressly authorizes the court to levy such a fine as a penalty in addition to any prison term a court may impose....
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3115
...— Every trespass upon the property of another, committed with a malicious and mischievous intent, the punishment of which is not specially provided for, shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083.” Appellant filed a motion to dismiss the information against him and alleged as ground therefor that Section 821.18, Florida Statutes, is unconstitutionally vague....
...In 1971, the Legislature, by Chapter 71-136, Laws of Florida, amended only the punishment provision of Section 821.18, Florida Statutes, to read “. . . shall be guilty of a misdemeanor of the second degree, punishable as provided in §
775.082 or §
775.083.” Formerly, Section 821.18, Florida Statutes, provided : “Every trespass upon property of another, committed with a malicious and mischievous intent, the punishment of which is not specially provided for, shall be punished by imprisonm...
...ertinent part: “(5) A person who has been convicted of a designated misdemeanor may be sentenced as follows: “(b) For a misdemeanor of the second degree, by a definite term of imprisonment in the county jail not exceeding sixty (60) days.” and Section 775.083, Florida Statutes, referred to therein provides, in pertinent ■ part: “Fine in lieu of or in addition to other criminal penalty....
CopyPublished | Supreme Court of Florida
...charged with “riot” or “aggravated rioting” be held in custody until
his or her bail hearing. §
870.01(1), (3), (6), Fla. Stat. (2021).
3. “Riot” under section
870.01(2) is a third-degree felony.
§
870.01(2). Penalties range from a fine of $5,000, §
775.083(1)(c),
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 13620
PER- CURIAM. Zaffarese was convicted of possession of cannabis in an amount exceeding 20 grams under section
893.13(l)(e), Florida Statutes (1983). He was sentenced to five years in prison and ordered to pay a $5,000 fine pursuant to section
775.0835, Florida Statutes (1983). We find the various points on appeal to be without merit and therefore affirm the conviction and sentence of incarceration. However, we strike the fine imposed under section
775.0835, as that statute applies only when a person is convicted of a crime resulting in death or injury to another person. See Moore v. State,
422 So.2d 1069 (Fla. 2d DCA 1982). Recognizing that the trial court would have authority under section
775.083(l)(c) to impose a $5,000 fine against Zaffarese, who was convicted of a third degree felony, we remand this case to the trial court for resentencing in a manner consistent with this opinion....
CopyPublished | Court of Appeals for the Eleventh Circuit
...2 This law provides for civil and criminal penalties if McArthur or his campaign officials knowingly and willfully fail to comply with the reporting requirements. See Fla.Stat. §
106.19(1)(b)-(c) (1985); 3 id. § 106.-265 (amended 1986); 4 see also id. §§ 775.-082 &
775.083....
...(b) [f]ails to report any contribution required to be reported by this chapter; [or] (c) [fjalsely reports or deliberately fails to include any information required by this chapter ... is guilty of a misdemeanor of the first degree, punishable as provided in [section]
775.082 or [section]
775.083....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15716
...liquor to such extent as to deprive him of full possession of his normal faculties, by reason of the operation of any of said vehicles mentioned herein, he shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083, and if the death of any human being be caused by the operation of a motor vehicle of any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law relating to m...
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3994
...e federal or state government; or whoever, not being an authorized recipient thereof, willfully converts to his own use or benefit any such food commodity, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.” Appellant complains that the statute lacks requirements and conditions sufficiently specific to protect someone, who, although technically not qualified to receive public welfare, does so in good faith....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16157
...“837.02 Perjury in official proceedings “(1) Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084.”
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7143
...tery upon any child under the age of sixteen years, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to such child is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
...y sustenance, *691 raiment, treatment, or attention his child or ward, or whoever willfully or wantonly, unnecessarily or excessively chastises his child or ward, is' guilty of a misdemeanor of the first degree, punishable as provided in §
775.082, §
775.083, or §
775.084.” The trial court, at the conclusion of the trial, in its charge to the jury, described the necessary elements requisite to a conviction under Subsection (1) of the statute, that being the portion of the statute under which the defendant was specifically charged....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5119, 1994 WL 231639
...The maximum fine authorized for a life felony is $15,000. § 775.-083(l)(a), Fla.Stat. (1991). Accordingly, appellant’s conviction and sentence are affirmed. The $20,000 fine is vacated, and the cause is remanded for imposition of a fine in accordance with, the provisions of section- 775.083(l)(a), Florida Statutes (1991)....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 10654, 2011 WL 2650857
...The State further concedes that the $1 First Step and $30 drug testing costs must be stricken as they are discretionary costs and were not orally pronounced. See State v. Williams,
712 So.2d 762 (Fla.1998). For the same reason, the $250 fine imposed under section
775.083(1), Florida Statutes (2010), shall be stricken....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20846
...province, state or government, with intent to utter and pass the same or to render the same current as true, knowing the same to be false, forged or counterfeit, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or § 775.-084.
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4883
...me under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3080338
...When originally sentencing appellant, the court ordered a lump sum of court costs without giving appellant notice and an opportunity to be heard regarding the discretionary costs. That was improper. Giles v. State,
103 So.3d 1058, 1058 (Fla. 1st DCA 2013) (holding a fine pursuant to section
775.083 was discretionary, and because it and its accompanying surcharge pursuant to section
938.04 were not specifically announced during the sentencing hearing, they should be stricken).
CopyPublished | Supreme Court of Florida
...8.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes. (This
provision refers to the optional fine for the Crimes Compensation Trust Fund and is not
applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).)
A sum of $ pursuant to section
938.27, Florida Statutes
(Prosecution/Investigative Costs).
A sum of $ pursuant to section 938...
...and the court having placed the defendant on probation/community control and having
subsequently revoked the defendant’s probation/community control
It Is The Sentence Of The Court That:
The defendant pay a fine of $ , pursuant to section
775.083, Florida Statutes, plus
$ as the 5% surcharge required by section
938.04, Florida Statutes.
The defendant is hereby committed to the custody of the Department of Corrections.
The defendant is hereby committed...
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 8228, 1997 WL 400340
...The written judgment states that $200 is imposed pursuant to § 27.3455, Florida Statutes (1995), $50 is imposed pursuant to § 960.20, Florida Statutes (1995), $3 is imposed pursuant to §
943.25(3), Florida Statutes (1995), and $44.77 is imposed pursuant to §
775.083, Florida Statutes (1995), plus $2.23 as the surcharge required by § 960.25, Florida Statutes (1995)....
CopyPublished | Florida 5th District Court of Appeal
...2
We also remand for the trial court to amend the sentence on Count Two, robbery
with a deadly weapon, to reflect eligibility for sentence review after twenty years under
section
921.1402(2)(d), Florida Statutes (2015). §
775.083(3)(c), Fla....
CopyPublished | District Court of Appeal of Florida
to object to the fine imposed pursuant to section
775.083 of the Florida Statutes, and the accompanying
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2945835, 2017 Fla. App. LEXIS 9888
...te v. Causey,
503 So. 2d 321,
322 (Fla. 1987). It appears the face of this record reveals multiple sentencing
errors.
First, the court imposed all fines, fees, costs, and surcharges as a lump sum,
including a discretionary fine pursuant to section
775.083(1), Florida Statutes, and
the corresponding surcharge....
CopyPublished | Florida 1st District Court of Appeal
...n. The State also
concedes that the $342.86 fine and $17.14 surcharge must be
stricken because the trial court did not orally pronounce them. See
Hogle v. State,
250 So. 3d 178, 181 (Fla. 1st DCA 2018) (striking
the $342.86 fine imposed pursuant to section
775.083, Florida
Statutes, and the related $17.14 surcharge imposed pursuant to
section
938.04, Florida Statutes, because the court imposed them
as part of a lump sum and did not specifically pronounce them
during the sentencing hearing)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9956, 2015 WL 3986155
...This petition presents a timely claim of ineffective assistance of appellate
counsel. We find merit in one of the claims raised.
At sentencing, the trial court failed to orally pronounce the imposition of a
$1,050.00 fine pursuant to section
775.083, Florida Statutes, and a $52.50 five percent
surcharge pursuant to section
938.04. The fine authorized by section
775.083(1) is
discretionary and, thus, it was error for the trial court to impose the fine without
specifically pronouncing the fine at the sentencing hearing....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 107, 2002 WL 21029
...statute was not in effect until 1997. The trial court granted King’s motion, in part, and reinstated the original sentence imposed in the 1994 case. However, the court did not correct the thirty-year PRR sentence imposed in the 1998 case. Because section 775.083(9)(a)(3)(c), Florida Statutes (1997), provides a PRR sentence of only fifteen years for second-degree felonies, we remand with directions to reduce the term of King’s PRR sanction to fifteen years in the 1998 case....
CopyPublished | Florida 2nd District Court of Appeal
...3.800(b)(2) raising ten sentencing errors. The trial court did not rule on
the motion within sixty days and therefore it was deemed denied.
First, we note that the trial court orally imposed a $1,000 fine at
sentencing. The written sentence cites the general "Fines" statute,
section 775.083, for this fine....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 380, 1987 Fla. App. LEXIS 6493
...shall, without the consent of such person or persons and with intent to defraud, abandon or willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyPublished | Florida 2nd District Court of Appeal
...However, the first page of the sentencing order was
not included in the supplemental record.
When initially rendered on October 27, 2022, the first page of the
sentencing order stated, "It is the sentence of the court that . . . [t]he
Defendant pay a fine of $125.72 pursuant to section
775.083, Florida
Statutes, plus $6.28 (5% as the surcharge) required by section
938.04,
Florida Statutes." Pursuant to the circuit court's order, the circuit court
clerk's amended sentencing order should have reflected the removal of
this fine and surcharge....
...Because our record has not been supplemented
2
with an amended sentencing order reflecting that this correction has
been made, we remand for correction, if necessary, of the sentencing
order to reflect that the fine and surcharged imposed pursuant to
sections
775.083 and
938.04 have been stricken....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 185653
...Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. Before SHEPHERD, SUAREZ, and LAGOA, JJ. On Confession of Error SUAREZ, J. A.C. appeals the trial court's imposition of twenty dollars in costs pursuant to section 775.083(2), Florida Statutes (2006)....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 753
On Confession of Error SUAREZ, J. A.C. appeals the trial court’s imposition of twenty dollars in costs pursuant to section 775.083(2), Florida Statutes (2006)....
CopyPublished | Supreme Court of Florida
...A person who knowingly provides false information to the clerk or the court in seeking a
determination of indigent status under s.ection
27.52, F.S.Florida Statutes, commits a
misdemeanor of the first degree, punishable as provided in s.ection
775.082, F.S.Florida Statutes,
or s.ection
775.083, F.S.Florida Statutes....
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes. (This
provision refers to the optional fine for the Crimes Compensation Trust Fund and is not
applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).)
A sum of $ pursuant to section
938.27, Florida Statutes
(Prosecution/Investigative Costs).
A sum of $ pursuant to section
938.29, F...
...and the court having placed the defendant on probation/community control and
having subsequently revoked the defendant’s probation/community control
It Is The Sentence Of The Court That:
. The defendant pay a fine of $ , pursuant to section
775.083, Florida Statutes, plus
$ as the 5% surcharge required by section
938.04, Florida Statutes.
....
CopyPublished | Florida 1st District Court of Appeal
...Thus, we
affirm Appellant’s conviction.
Appellant also appeals the judgment, alleging, as she did in her unruled-
upon motion to correct sentencing error pursuant to Florida Rule of Criminal
Procedure 3.800(b)(2), that it contained various errors, including the imposition of
a fine pursuant to section 775.083, Florida Statutes, and the surcharge imposed on
that fine....
CopyPublished | Florida 5th District Court of Appeal
...However, we reverse the trial court’s imposition of a
$500 fine and surcharge on count three of the indictment.
Appellant was convicted of first-degree murder in count three
of the indictment, which is classified as a capital offense under
Florida law. Section 775.083(1), Florida Statutes (2018), does not
authorize the imposition of a fine on this count. See § 775.083(1),
Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 364, 1992 WL 5346
PER CURIAM. Howell appeals the sentence imposed after conviction for grand theft, a third degree felony. The judgment and sentence form indicates that a $5,000 fine was imposed pursuant to section 775.0835, Florida Statutes (1989)....
...This section allows the court to impose a fine, not to exceed $10,-000, upon conviction of a felony or misdemeanor which resulted in the injury or death of another person. Howell argues correctly that the evidence at trial did not demonstrate any injury or death as required by section 775.0835. It is unclear, however, whether the sentencing form correctly reflects the trial court’s sentencing decision or whether it is merely a scrivener’s error. The trial court may have intended to properly assess the $5,000 fine pursuant to section 775.083(l)(c), Florida Statutes (1989) which provides for a maximum $5,000 fine upon conviction of a third degree felony....
CopyPublished | Supreme Court of Florida
...343, 349-50 (2012)
(observing that criminal fines “undeniably” fall within the purview of a
“sentence”). And, again, certain legislative enactments support including fines
within the ordinary meaning of “all terms of sentence.” See, e.g., § 775.083(1),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 160, 1991 WL 2338
...Subsequently, in a document entitled “Judgment of Guilt Placing Defendant in Community Control,” the $750 was treated, in Condition (16), as court costs. Appellant was adjudicated guilty of three second degree felonies. A $10,000 fine is a permissible sanction for a second degree felony. § 775.083(l)(b), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 1580
SAWAYA, J. We are once again confronted with the issue of imposition of criminal statutory costs in a juvenile case. Specifically, we must decide whether the trial court properly imposed costs under section
775.083(2), Florida Statutes (2005), in the amount of $20, and section
939.185(l)(a), Florida Statutes (2005), in the amount of $65, in a juvenile proceeding that concluded with an order withholding adjudication of delinquency for the offense of domestic battery....
...This in turn would impair the ability of the juvenile system to focus on and serve its legislatively mandated rehabilitative function. Id. at 1278 (footnotes omitted). Following the directive of V.K.E., we must determine whether there is a clear legislative mandate to have sections
775.083(2) and
939.185 apply to juveniles, and if so, whether they apply in the absence of an adjudication of delinquency or entry of a plea. The text of each statute is the starting point for our analysis and so we begin there, first with section
775.083(2), which provides: (2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a fel...
...A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss.
163.501-163.523. §
775.083(2), Fla....
...Although this statute applies to juveniles, it does not provide for the imposition of costs in the absence of an adjudication of delinquency. The trial court issued a judicial warning and withheld adjudication of dependency and, therefore, it incorrectly imposed the $20 cost pursuant to section 775.083(2)....
...ision for imposition of costs in juvenile proceedings in the absence of adjudication. §
938.03(1), Fla. Stat. (2005) (“Any person whose adjudication is withheld shall also be assessed such cost.”). Since it did not do so within the structure of section
775.083, it is clear from both the language of the statute and its omissions that the Legislature did not intend to have costs imposed under that statute in the absence of an adjudication of delinquency....
CopyPublished | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 15017
...“Three (3)”, obviously meaning three years. Under the circumstances of this case, the maximum penalty allowable under Section
893.13(3)(b), Florida Statutes 1975, was that for a misdemeanor of the first degree, as provided in Section
775.082 or Section
775.083, Florida Statutes 1975....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14276
degree, punishable as provided in § 775.-082 or §
775.083.” The requested instruction- falls squarely under
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 709767, 2013 Fla. App. LEXIS 3214
PER CURIAM. Rufus B. Jones, Appellant, challenges his conviction and sentence for attempted second-degree murder with the use of a firearm. We affirm his conviction and sentence but reverse as to the imposition of a fine under section
775.083(1), Florida Statutes (2010), and the resulting surcharge under section
938.04, Florida Statutes (2010)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 644, 1987 Fla. App. LEXIS 7000
...ut any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in §
775.082, §
775.083, or § 775.-084.
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 103, 2015 Fla. LEXIS 369, 2015 WL 790472
...thereto as possible, and must remain at the scene of the crash until he
or she has fulfilled the requirements of s.
316.062. Any person who
willfully violates this paragraph commits a felony of the third degree,
punishable as provided in §
775.082, §
775.083, or §
775.084.
-5-
(b) The driver of any vehicle involved in a crash occurring on public
or private property that results in the death of any person must immediately
sto...
...must remain at the scene of the crash until he or she has fulfilled the
requirements of s.
316.062. Any person who willfully violates this
paragraph commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 1811, 23 Fla. L. Weekly Fed. D 595
discretionary fine of $44.77 imposed pursuant to section
775.083, Florida Statutes (1993), because it was not
CopyPublished | Supreme Court of Florida
...A person who knowingly provides false information to the clerk or the court in seeking a
determination of indigent status under s.ection
27.52, F.S.Florida Statutes, commits a
misdemeanor of the first degree, punishable as provided in s.ection
775.082, F.S.Florida Statutes,
or s.ection
775.083, F.S.Florida Statutes....
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes. (This
provision refers to the optional fine for the Crimes Compensation Trust Fund and is not
applicable unless checked and completed. Fines imposed as part of a sentence to section
775.083, Florida Statutes, are to be recorded on the sentence page(s).)
A sum of $ pursuant to section
938.27, Florida Statutes
(Prosecution/Investigative Costs).
A sum of $ pursuant to section
938.29, F...
...and the court having placed the defendant on probation/community control and
having subsequently revoked the defendant’s probation/community control
It Is The Sentence Of The Court That:
. The defendant pay a fine of $ , pursuant to section
775.083, Florida Statutes, plus
$ as the 5% surcharge required by section
938.04, Florida Statutes.
....
CopyPublished | Florida 4th District Court of Appeal
...defendant would be required to pay a fine of $500, it omitted the statutory
authority for the fine. This omission requires that the fine be reversed.
See, e.g., Davis v. State,
268 So. 3d 877, 878 (Fla. 2d DCA 2019) (statutory
authority for discretionary fines authorized by section
775.083 must be
orally pronounced at sentencing (citing Perdue v....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 469847
...State,
717 So.2d 182, 183 (Fla. 1st DCA 1998) (remanding for correction of written order that failed to conform to trial court's oral pronouncement). The State also concedes that the trial court erroneously assessed court costs as adjudication had been withheld. See §
775.083(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 2273, 2012 WL 469847
...State,
717 So.2d 182, 183 (Fla. 1st DCA 1998) (remanding for correction of written order that failed to conform to trial court’s oral pronouncement). The State also concedes that the trial court erroneously assessed court costs as adjudication had been withheld. See §
775.083(2), Fla....
CopyPublished | Supreme Court of Florida
...n
939.185, Florida
Statutes, if authorized by county ordinance.
..... The child has been adjudicated delinquent and assessed a fine and the
child is required tomust pay $.......... to the Crime Prevention Trust
Fund, under section
775.083(2), Florida Statutes.
........
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1048
...appeals the order adjudicating him delinquent of four counts of burglary of a conveyance. We affirm the final order in all respects except for the imposition of $115 in costs. The disposition order requires that E.A.D. pay $115 in court costs “pursuant to F.S.
775.083(2) Crime Prevention Fund and F.S.
938.03 Crimes Compensation Trust Funds.” The State correctly concedes error in that these statutes authorize the trial court to impose a total of only $100 in costs — $50 pursuant to section
775.083(2), Florida Statutes (2007), which states that “court costs shall be assessed and collected in each instance a defendant ......
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 1052, 2008 WL 268935
...The trial court sentenced him as a habitual felony offender (HFO) to concurrent terms of twenty-five years’ prison on all counts with a three-year mandatory minimum on counts one through sixty-seven. In addition, his sentence reflects a fine of $50,000 on all sixty-eight counts pursuant to section 775.083, Florida Statutes (1991)....
...On the other hand, the trial court did err when it imposed the identical fine on count sixty-eight. Mr. Ferrentino was found guilty of possession of a firearm by a convicted felon pursuant to section
790.23, which does not authorize imposition of a fine. Furthermore, the discretionary fine provision of section
775.083 is not available as an additional sanction when the defendant has been sentenced as an HFO....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2651, 1988 Fla. App. LEXIS 5487, 1988 WL 130067
...(5) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof uses physical force and violence not likely to cause serious personal injury is guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyPublished | Supreme Court of Florida
...y
ordinance.
- 37 -
..... The child has been adjudicated delinquent and assessed a fine and the child is required to
pay $.......... to the Crime Prevention Trust Fund, under section 775.083(2), Florida
Statutes.
........
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 18377, 2008 WL 5100495
...preparing for trial.") (citations omitted) (quotation marks omitted) (emphasis added). *221 Elliott also argues that the trial court lacked the authority to impose a $500.00 fine, in addition to his habitual violent felony offender sentence, because section 775.083, Florida Statutes, does not authorize such a fine....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 19183, 2007 WL 4245419
...He appeals the imposition of a $1050 fine and five percent surcharge. Neither section
775.084, Florida Statutes (2004), nor any companion statute authorizes the fine and surcharge. Therefore, we reverse. The final judgment and sentence imposes the fine and surcharge purportedly under the authority of section
775.083....
CopyPublished | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 17737
...However, this court has held in Reinersman v. State,
382 So.2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony which carries a maximum prison term of five years and a maximum fine of $5,000. §
775.083(l)(c) and § 775.-082(3)(d), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 20357
...As in Bowman , it was incumbent upon the State to present evidence of the value of the recovered property in order to carry its burden of proving the amount of the victim’s loss. Therefore, we reverse the restitution award and remand for a new restitution hearing. C.M.S. also challenges a $50 court cost, assessed under section
775.083(2), Florida Statutes (2006). The State concedes that this cost may be assessed against a juvenile only when he or she is adjudicated delinquent. See §
775.083(2) (providing for assessment when one is “adjudicated delinquent”); T.L.S. v. State,
949 So.2d 290 (Fla. 5th DCA 2007) (striking cost under §
775.083(2) when juvenile’s adjudication of delinquency withheld)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 16144
...or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in §
775.082, §
775.083, or § 775.-084.” By this appeal, appellant challenges the trial court’s finding that the allegations of the petition were sustained by evidence and testimony....
CopyPublished | Florida 3rd District Court of Appeal
...Mixture containing any substance described in sub-
subparagraph a.,
commits a felony of the first degree, which felony shall be known
as “trafficking in synthetic cannabinoids,” punishable as provided
in §
775.082, §
775.083, or §
775.084.
2....
CopyPublished | Supreme Court of Florida
degree, punishable as provided in §
775.082 or §
775.083; but no prosecution for any such offense shall
CopyPublished | Florida 5th District Court of Appeal
...2022-CF-003423-A.
However, we remand for the correction of scrivener’s errors
in the written sentence and the amended final judgment accessing
charges, costs, and fines. Both the written sentence and the
amended final judgment impose a $250.00 discretionary fine
pursuant to section
775.083, Florida Statutes, as well as the
additional imposition of $12.50, representing the 5% surcharge on
the $250.00 fine, pursuant to section
938.04, Florida Statutes....
CopyPublished | District Court of Appeal of Florida
associated with section
775.083(2), Florida Statutes (2018), twice. Section
775.083(2) states in relevant
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4925
...Any owner, manager, lessee, or other person having charge of any public building for the use expressed herein who fails to comply with the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3193935, 2012 Fla. App. LEXIS 13158
...At sentencing, the trial court ordered Appellant to pay various charges, costs, and fees. In pertinent part, they are $225.00 as an “additional court cost” pursuant to section
938.05, Florida Statutes; $50.00 as a crime prevention court cost pursuant to section
775.083(2), ■ Florida Statutes; and $20.00 as a court cost surcharge in addition to any fine pursuant to section
938.06(1), Florida Statutes....
...nses). The law in March 2003 allowed the imposition of a $50.00 fine for a felony conviction, so long as the court found the defendant had the ability to pay the fine and would not be prevented thereby from being rehabilitated or making restitution. § 775.083(2)(a)-(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16334
...em or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084....
CopyPublished | Florida 5th District Court of Appeal
...e $250 fine and related
surcharge on count I.
While Carroll was properly sentenced to life in prison with no
hope of parole on count I (sexual battery upon a person under
twelve years of age), classified as a capital offense under Florida
law, section 775.083(1), Florida Statutes (2018), does not authorize
imposition of the $250 fine on this count. See § 775.083(1), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 12246, 2017 WL 3686784
...Shawn Demontre Cooler appeals his convictions and sentences for armed robbery, criminal mischief, and multiple grand thefts. We affirm on all the issues he raises except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under §
775.083 and §
938.04, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 12244, 2017 WL 3686570
PER CURIAM. Shawn Demontre Cooler appeals his conviction and sentence for grand theft. We affirm on all the issues he raises except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under §
775.083 and §
938.04, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
discretionary costs and fines of $180 and $10 under §
775.083 and §
938.04, Florida Statutes. We have
CopyPublished | Florida 1st District Court of Appeal
discretionary costs and fines of $180 and $10 under §
775.083 and §
938.04, Florida Statutes. We have
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...94-154, Laws of Florida, effective October 1, 1994, amends the reference to s.
393.063 (3) to s.
393.063 (14). 2 Section
943.0585 (4)(c), Florida Statutes, further provides that any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083 , Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12354, 2016 WL 4362379
...$300 public defender
lien. For the reasons that follow, we strike the specific fine, surcharge, and public
defender lien/fee, and we remand for further proceedings.
The written judgment reflected a discretionary fee of $342.86 pursuant to
section
775.083, Florida Statutes, and a $17.14 surcharge pursuant to section
938.04, Florida Statutes....
...and remanded this same discretionary fine, surcharge, and public defender lien.
See Odom v. State,
187 So. 3d 324, 325 (Fla. 1st DCA 2016). In Odom, we
concluded that the oral pronouncement was insufficient to notify the appellant of
the discretionary fine and surcharge pursuant to section
775.083, but noted that, on
remand, the court may reimpose the discretionary fine and surcharge after giving
notice and following the proper procedure....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 11653, 2002 WL 1875748
...thereof will be refunded either directly or indirectly by any method whatsoever. A person who violates this provision with respect to advertising or refund is guilty of a misdemeanor of the second degree, punishable as provided in section
775.082 or section
775.083. A second or subsequent offense constitutes a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083....
CopyPublished | Florida 1st District Court of Appeal
...mandatory sentence under the 10-20-Life statute).
Second, the court erred in imposing a discretionary fine and
surcharge, as well as a $300 public defender lien. In addition to
other costs, the written judgment reflected a discretionary cost of
$342.86 under section
775.083, Florida Statutes, and a surcharge
of $17.14 under section
938.04, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 9191, 1997 WL 461194
...In case number 96-9946, however, we reverse and remand with directions that defendant be re-sentenced within the guidelines. The 16 year imprisonment imposed in that case is illegal because the sentence is well beyond the five year maximum allowed for a third degree felony under section 775.083, Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7929, 1991 WL 154758
...n. The court suspended entry of sentence as to the possession of paraphernalia conviction. We vacate the fine and surcharge accompanying the possession conviction. As conceded by the state, that amount was in excess of the legal limit established in section 775.083(l)(c), Florida Statutes (1989). We order that the fine be set at $5,000 with the appropriate five per cent surcharge. See § 775.0835, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
...which has been decriminalized by the state. Therefore, we find
that the penalty imposed by the [challenged] ordinance is in conflict
with state law.”).
On appeal, the Club makes three arguments about its state
law conflict preemption claim. The first two are that Sections
775.083(1) and
787.29 of the Florida Statutes preempt the Ordi-
nance....
...the Florida Statutes preempts the fines imposed by the Ordinance.
Had the district court properly considered its Section
162.09 argu-
ment, the Club says, the court would not have dismissed its conflict
preemption claim.
First up is the Club’s Section
775.083(1) conflict preemption
argument. Section
775.083 sets out limits for penalties for criminal
and noncriminal violations. Section
775.083(1)(e) provides:
(1) A person who has been convicted of an offense
other than a capital felony may be sentenced to pay a
fine in addition to any punishment described in s.
775.082; when specifically authorized b...
...sentenced to pay a fine. Fines for designated crimes
and for noncriminal violations shall not exceed:
...
(e): $500, when the conviction is of a misdemeanor of
the second degree or a noncriminal violation.
FLA. STAT. ANN. § 775.083(1)(e).
Although on its face, the statute limits “noncriminal viola-
tion[s]” to $500 in fines, the statutory definition of a “noncriminal
violation” creates an insurmountable hurdle for the Club’s legal ar-
gument....
...y or-
dinance.
Id. §
775.08(3) (emphasis added). The plain meaning of “noncrim-
inal violation” specifically excludes municipal penalties -- the very
same type of penalties created by the Ordinance. As a result, we
see no conflict between Section
775.083(1)(e) and the Ordinance.
To put matters to rest, the Florida Supreme Court has also con-
cluded that under Section
775.08, a “violation of a municipal
USCA11 Case: 20-14292 Date Filed: 08/01/2022 Page: 50 of 66...
...50 Opinion of the Court 20-14292
ordinance . . . is not a ‘noncriminal violation’ as defined in Florida
Statutes.” Thomas,
614 So. 2d at 472. Because a violation of the
Ordinance is not a “noncriminal violation,” Section
775.083(1)(e) -
- which creates a statutory ceiling on punishments for “noncriminal
violation[s]” -- cannot preempt the Ordinance.
Second, the Club argues that Section
787.29, which requires
in part that “strip club[s] or other adult entertainment establish-
ment[s]” display human trafficking public awareness signs,
preempts the Ordinance because its statutory penalty is limited to
$500 under Section
775.083....
...mpleted, because the Club had
never previously argued that Section
162.09 preempted the Ordi-
nance. The district court found this especially problematic because
the litigation had been ongoing for three years, and the Club had
likewise claimed that Section
775.083(1)(e) preempted the Ordi-
nance for the same reasons that Section
162.09 allegedly preempted
the Ordinance....
CopyPublished | Florida 1st District Court of Appeal
...Ms.
Cheeks argues that the evidence was insufficient to overcome her
defense of entrapment, the trial court erroneously overruled an
objection to the admission of a jail call, and the trial court
improperly imposed a discretionary fine pursuant to section
775.083, Florida Statutes, and a surcharge pursuant to section
938.04, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15894
...Perjury in official proceedings is defined in Section
837.02, Florida Statutes (1977): (1) Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree, punishable as provided in s. §
775.082, s. §
775.083, or s....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14042
...ams of marijuana, and (3) sale of marijuana. § 893.-13(3) (b), Florida Statutes, provides as follows : “Any person who violates the provisions of paragraph (a) shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083 or §
775.084, except that when the controlled substance is one that the penalty for possession of which is a misdemeanor, then the penalty under paragraph (a) shall be a misdemeanor of the first degree punishable as provided in §
775.082 or §
775.083.” Appellant contends that his conviction under Count IV must fall since he was acquitted of the first three counts; that having been acquitted of the first three counts, there is no evidence of intent in connection with the fourth count....
CopyPublished | Supreme Court of Florida
...oid payment for long distance telecommunication services, any electronic device capable of duplicating tones or sound utilized in long distance telecommunications shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084.” On March 3rd, 1975, Gordon Palmer, a commercial pilot for Eastern Airlines, was in the terminal building at Miami International Airport on a layover between flights....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14619
...nd regardless of human life, although without any premeditated design to effect the death of any particular individual, it shall be murder in the second degree, and shall constitute a felony of the first degree, punishable as provided in § 775.0S2, §
775.083, or §
775.084.” The statute was then amended, effective December 8, 1972: (This is the statute applicable to defendant’s conviction.) “782.04 Murder.— •fc V -i* “(2) When perpetrated by any act imminently dangerous to another,...
...editated design to effect the death of any particular individual, shall be murder in the second degree and shall constitute a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s....
...son perpetrating or attemping to perpe--trate such felony shall be guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s.
775.083, or s....
CopyPublished | Florida 2nd District Court of Appeal
...But the statute did not factually apply to Davis's case because he was not charged with the sale of a controlled substance within 1000 feet of a proscribed location. Rather, the fine was discretionary and the trial court was thus required to pronounce the statutory authority for the fine, section 775.083, Florida Statutes (2017)....
CopyPublished | District Court of Appeal of Florida
pronounce the statutory authority for the fine, section
775.083, Florida Statutes (2017). See Perdue v. State
CopyPublished | Florida 2nd District Court of Appeal
...But the statute did not factually apply to Davis's case because he was not charged with the sale of a controlled substance within 1000 feet of a proscribed location. Rather, the fine was discretionary and the trial court was thus required to pronounce the statutory authority for the fine, section 775.083, Florida Statutes (2017)....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5581, 2010 WL 1688293
...Smith's judgments and the probationary sentences imposed. However, we reverse and remand with directions to correct the amended judgment for fines and costs by striking a $20 cost for the Crime Stoppers Trust Fund. The original written judgment for fines and costs included a $175 fine under section 775.083, Florida Statutes (2006)....
CopyPublished | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 15127
...ver breaks and enters, or enters without breaking, any dwelling, storehouse, building, ship, vessel, aircraft, or railroad car with intent to commit a misdemeanor shall be guilty of a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084.’ Hence, it is not a matter of greater visa-vis lesser included offenses in the sense that the lesser is considered to be an independent offense which is included within the offense defined as greater....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5958, 2011 WL 1563608
...The costs assessed, however, of $3 for teen courts pursuant to Section 939.90, Florida Statutes, $65 additional court costs and $85 temporary criminal surcharge pursuant to section
939.185(l)(a)-(b), Florida Statutes, and $50 for a crimes prevention program pursuant to section
775.083(2)(a), Florida Statutes,' were unauthorized and are vacated....
CopyPublished | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 8981, 2000 WL 506870
...to such establishment, by an employee of the establishment or by an employee of a person, firm, or entity which has contracted to provide services to the establishment constitutes a felony of the third degree, punishable as provided in §
775.082 or §
775.083."
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19162
...be advertised any such exhibition, and whoever solicits or procures the attendance of others at such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the second degree, punishable as provided in section
775.082 or section
775.083....
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19605
...ORFINGER, C.J., and COWART, J., concur. .Section
790.01(1), Florida Statutes provides: Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15082
...(2) If any person violates the provisions of this section by the use of force, deception, threat, or offer of pecuniary benefit to induce any conduct described in subsection (1), the violation shall constitute a felony of the third degree, punishable as provided in §
775.082, §
775.083, or §
775.084. In all other cases, a violation shall constitute a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083.” To suppress testimony is an improper condition of a plea bargain....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...e into the jail or into his custody a prisoner lawfully directed to be committed thereto on a criminal charge or conviction, or any lawful process whatever, is guilty of a misdemeanor of the first degree, punishable as provided in section
775.082 or section
775.083 , Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3253, 2009 WL 1025768
...Mr. Gainous. The trial court reasoned that, even if forfeiture served a primarily remedial function, it was being used here to exact a punishment. The trial court then noted that the actual sentence imposed on Mr. Gainous included a $1000 fine. See § 775.083(1)(c), Fla....
...Gainous's offenses with the amount of the forfeiture does not demonstrate gross disproportionality. Although the amount is almost three times the maximum fine allowed for a third DUI ($5000), Mr. Gainous also committed the first-degree misdemeanour of failure to submit to testing, which carried a fine of up to $1000. See §
775.083(1)(c) and (d). Moreover, Mr. Gainous's offense of driving with a suspended or revoked license can be punished by a fine of up to $500. See §
322.34(2)(a), Fla. Stat. (2006); §
775.083(1)(e)....
CopyPublished | Florida 4th District Court of Appeal
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 5451
...disposition given to the trial court in a delinquency proceeding. § 985.231, Fla. Stat. (2003); J.S. v. State,
920 So.2d 752 (Fla. 5th DCA 2006). Furthermore, an adjudication of delinquency does not qualify as a “conviction” for the purposes of section
775.083, which allows the imposition of varying fines for the....
