Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....

...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...

...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....

...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....

...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....

...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....

...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....

...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...

...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....

...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....

...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....

...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....

...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....

...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")....

...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....

...(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....

...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."

...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....

...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...

...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....

...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....

...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....

...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....

...(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....

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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)....

...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....

...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....

...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....

...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...

...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...

...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....

...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....

...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....

...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....

...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 "....

...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...

...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).

...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....

...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....

...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....

...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....

...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....

...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.

...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."

...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....

...____ $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....

...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....

...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....

...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.

...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....

...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...

...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....

...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....

...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....

...(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....

...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....

...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.

...____ $ 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....

...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."

...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....

...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....

...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....

...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....

...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 crime—a 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 statute—a 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....

...*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...

..." [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....

...* * * * * * (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......

addition, he was ordered to pay a fine under section 775.083, Florida Statutes (1995), of $10,000 ($5000

degree, punishable as provided in § 775.082, § 775.083 or § 775.084." [5] The action was filed by Plaintiff

life imprisonment or as provided in § 775.082, § 775.083, or § 775.084, if, in the course of committing

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. In instructing the jury, the trial

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. (emphasis added) This offense was

degree, punishable as provided in § 775.082 or § 775.083. Supplemental Opinion At the time of entry of

fine. Section 893.13(1)(a)(2) does refer to section 775.083, Florida Statutes (2004), as does the trial

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. When determining the area in which

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. (2) Nothing in this section shall

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." [2] (1) It shall be unlawful

section 775.082 (general criminal penalties), section 775.083 (criminal fines) or section 775.084 (habitual

conviction it has expressly stated so. See, e.g., § 775.083(2)(a), Fla. Stat. (2001) (“A county may adopt

degree, punishable as provided in § 775.082 or § 775.083. [4] Section 1.01 of the collective bargaining

punishable as provided in Section 775.082 or Section 775.083, and if the death of any human being be caused

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." Responding to the constitutional

degree, punishable as provided in § 775.082 or § 775.083. [2] When questioned concerning his presence

the second degree, punishable as provided in § 775.083. (2) No agreement by an employee to waive his

degree, punishable as provided in § 775.082 or § 775.083." The Supreme Court of Florida held that Section

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. A sentence not exceeding life imprisonment

punishable as provided in section 775.082, section 775.083, or section 775.084.

degree, punishable as provided in § 775.082 or § 775.083. 5. Florida Statute 877.03 (Breach of the Peace):

degree, punishable as provided in § 775.082 or § 775.083." [1] Chesebrough v. State, 255 So.2d 675 (Fla

punishable by a maximum term of 15 years under section 775.083(3)(c), Florida Statutes (1999). A sentence

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. [4] Baker v. Florida Parole &

qualify as a `conviction' for purposes of section 775.083") (Florida Statutes); State v. N.P., 913 So

degree, punishable as provided in § 775.082 or § 775.083; but no prosecution for any such offense shall

and probation in the same sentence. Although section 775.083(1) permits, when authorized by statute, the

probation and imposed a fine of $1500 pursuant to section 775.083, Florida Statutes. Defense counsel moved to

as a prison release reoffender pursuant to section 775.083, Florida Statutes. Appellant contends first

degree, punishable as provided in § 775.082 or § 775.083; and if the property so removed should be of greater

assessing a $44.77 discretionary fine, pursuant to section 775.083, Florida Statutes (1995), without announcing

000 fine would have been authorized under section 775.083(1)(c), and therefore remand this case to the

degree, punishable as provided in § 775.082 or § 775.083. [5] Section 870.02, Florida Statutes, provides:

Stewart's sentence a $50 fine imposed under section 775.083(2), Florida Statutes (2003). At sentencing

trial court that fines imposed pursuant to section 775.083, Florida Statutes (2011), are discretionary

degree, punishable as provided in § 775.082 and § 775.083 . .." Appellant points to Pope v. State, Fla.

the trial court properly imposed costs under section 775.083(2), Florida Statutes (2005), in the amount

a fine imposed as punishment pursuant to section 775.083, Florida Statutes (1985), is placed into a

Stat. (1995), and a maximum fine of $5,000. § 775.083(1)(c), Fla. Stat. (1995). Although fraudulently

fines as mandatory costs in accordance with section 775.083(2), Florida Statutes (2004), and section 939

degree, punishable as provided in § 775.082 or § 775.083." [2] Section 775.084, Florida Statutes, defines

felony, punishable as provided in § 775.082, § 775.083, or § 775.084. (3) A person who commits sexual

life imprisonment or as provided in § 775.082, § 775.083, or § 775.084. (b) If in the course of committing

imposed a discretionary $2 fine pursuant to section 775.083, Florida Statutes (1999), and a discretionary

documentation). The $50 fine imposed under section 775.083, Florida Statutes (2003), should also be stricken

erred by imposing a $1000 fine pursuant to section 775.083(1), Florida Statutes (2010), and an accompanying

imposed for a life felony is forty (40) years. See § 775.083(3)(a). Thus, we reverse and remand once again

degree, punishable as provided in § 775.082 or § 775.083. But this argument is not persuasive. Although

imposition of a $415 cost pursuant *851to section 775.083(2), Florida Statutes, when the statutory maximum

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." [2] Sec. 784.05, F.S. 1973, provides:

punishable as provided in section 775.082, section 775.083 or section 775.084." The statute does not proscribe

imprisonment not exceeding 60 days and under § 775.083(1)(e), Fla. Stat. (1981) by a fine not exceeding

punishable as provided in section 775.082 or section 775.083. [2] Section 790.001(3)(a), Florida Statutes

stricken: the $200 fine imposed pursuant to section 775.083, Florida Statutes (2009), and the related surcharges

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. The prosecution may proceed in

degree, punishable as provided in § 775.082 or § 775.083; provided, this section shall not apply to sheriffs

imposing a $50 crime prevention fine pursuant to section 775.083(2), Florida Statutes (2002).[1] We strike this

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. * Note.-Bracketed language inserted

the court imposed a $342.86 fine pursuant to section 775.083, as well as a related $17.14 surcharge pursuant

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. § 316.027(l)(a), Fla. Stat. (2006)

punishable as provided in section 775.082 or section 775.083.(b) a second or subsequent conviction is guilty

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. An aggravated assault of a law

degree, punishable as provided in § 775.082 or § 775.083." [2] Art. V, § 3(b)(1), Fla. Const.

life imprisonment or as provided in § 775.082, § 775.083, or § 775.084, if, in the course of committing

challenges a $50 court cost, assessed under section 775.083(2), Florida Statutes (2006). The State concedes

imprisonment under section 775.082 and a fine under section 775.083 may be imposed (if imposed simultaneously)

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." The Attorney General of the State

qualify as a "conviction" for the purposes of section 775.083, which allows the imposition of varying fines

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." Hence, it is not a matter of greater

degree, punishable as provided in § 775.082 or § 775.083.” Id. § 856.01 (1971). Because Florida

judgment includes a $500 fine pursuant to section 775.083(1), Florida Statutes (2007). Fines under this

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. [2] Penetration is a necessary

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. A "destructive device" is defined

pursuant to the Crime Prevention Fund and section 775.083(2), Florida Statutes (2008). See In re Anders

Fifty dollars of that amount is authorized by section 775.083(2), Florida Statutes (2007), which states that

degree, punishable as provided in § 775.082, § 775.083 or § 775.084. The indictment of the defendant

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. [2] § 106.19(1) Any candidate;

degree, punishable as provided in § 775.082 or § 775.083, for any candidate or other person to distribute

provided maximum as found in section 775.082 and section 775.083, Florida Statutes. AFFIRMED. COBB, C.J., concurs

Fifty dollars of that amount is authorized by section 775.083(2), Florida Statutes (2007), which states that

judgment and sentence; a $2,100 fine pursuant to section 775.083, Florida Statutes (2009); a 5% surcharge in

degree, punishable as provided in § 775.082 or § 775.083." (emphasis supplied) Section 796.07(2)(a), Florida

degree, punishable as provided in § 775.082, § 775.083, or § 775.084.

degree, punishable as provided in § 775.082 or § 775.083; provided, that if any owner or keeper, including

degree, punishable as provided in § 775.082 or § 775.083. "(6) Provided, however, that nothing contained

degree, punishable as provided in § 775.082, § 775.083, or § 775.084. Appellant moved to dismiss the

(Fla. 1st DCA 2011). The fine authorized by section 775.083(1), Florida Statutes, is also discretionary

been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would

fine, such fine is expressly authorized under section 775.083(1)(c) as a penalty in addition to the prison

challenges the imposition of a $50 fine pursuant to section 775.083(2), Florida Statutes. The 2002 version of this

assessment of $50 in court costs against J.C. under section 775.083(2), Florida Statutes (2008), because a trial

degree punishable as provided in F.S. § 775.082 or § 775.083. Again, the advantage of the requested instruction

imposing the $525 fine and surcharge pursuant to section 775.083, Florida Statutes (2006). We agree. See Masengale

commendably agrees that there is no such authority. Section 775.083(1), Florida Statutes (2005), which authorizes

defendant as part of the defendant's sentence. § 775.083, Fla. Stat. (1985); Nash v. State, 434 So.2d 33

six cases: a discretionary fine pursuant to section 775.083(1), Florida Statutes ; a surcharge pursuant

Appellant to pay $525.00 as a fine pursuant to section 775.083, Florida Statutes (2010); $26.25 as the five

trial court intended to impose this fine under section 775.083, which authorizes a fine of up to $5000 for

costs, including a $300 fine pursuant to section 775.083, Florida Statutes (2018), for both offenses

degree, punishable as provided in § 775.082 or § 775.083. The assembly of each weapon in violation of this

is no statutory authority for these fines. Section 775.083(1) expressly provides: “A person who has been

imposition of a $500.00 fine is authorized under section 775.083 of the Florida Statutes; specifically, the

State, 355 So.2d 857 (Fla. 3rd DCA 1978). Section 775.083(l)(a-g), Florida Statutes, sets forth the maximum

So.2d 430, 434 (Fla. 1st DCA 2004)). Section 775.083(1), Florida Statutes (2013), provides a reference

fine up to $500. 1 Significantly, section 775.083(g) authorizes the imposition of'fines in “[a]ny

part of a sentence pursuant to F.S. 775.083 are to be recorded on the Sentence

degree, punishable as provided in § 775.082 or § 775.083, and if the death of any human being be caused

degree, punishable as provided in § 775.082 or § 775.083." Section 828.02, Florida Statutes, defines the

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." [3] 18 U.S.C. § 871(a) (1964)

degree, punishable as provided in § 775.082, § 775.083 or § 775.084." The jury instructions included

$175 fine under section 775.083, Florida Statutes (2005). Fines under section 775.083 are discretionary

degree, punishable as provided in § 775.082, § 775.083, or § 775.084, and shall be removed from office

degree, punishable as provided in § 775.082 or § 775.083.' "At trial there was expert testimony that the

imposed at sentencing. “The fine authorized by section 775.083(1) is discretionary and, thus, it was error

“in performing court-related functions”); id. § 775.083(1) (directing that criminal fines be deposited

qualify as a “conviction” for the purposes of section 775.083, which allows the imposition of varying fines

completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the

assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006). These costs may

five years imprisonment is prescribed by F.S. § 775.083, F.S.A. 1971. Appellant was summarily sentenced

punishable as provided in [section] 775.082 or [section] 775.083. 4 Section

degree, punishable as provided in § 775.082, § 775.083, or § 775.084." Bellamy complains that the statute

Statutes (2004), as well as a $5000 fine under section 775.083, Florida Statutes (2004). On appeal, Gonse

imposition of a $500.00 fine is authorized under section 775.083 of the Florida Statutes; specifically, the

light of our disposition, the fine is proper. See § 775.083(1)(c), Fla.Stat. (1999). We find no merit to the