(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 by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) 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.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term “convicted” or “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(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 felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. 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. 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.
(3) The clerk of the court of each county is the entity responsible for collecting payment of fines, fees, service charges, and court costs. Unless otherwise designated by the court, a person who has been ordered to pay court obligations under this section shall immediately contact the clerk to pay fines, fees, service charges, and court costs in full or to apply for enrollment in a payment plan pursuant to s. 28.246(4).
(4) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
Derrell J. Chamblee v. State of Florida, 905 F.3d 1192 (11th Cir. 2018). · cites it 5ד” Compare Fla. Stat. § 775.083 (2)(b) (2003) (providing that “[t]he fine is for a felony.”
S. Union Co. v. United States, 132 S. Ct. 2344 (2012). · cites it 4ד§3571 (d) (fine “not more than the greater of twice the gross gain or twice the gross loss”); Fla. Stat. §775.083 (1)(f) (2010) (same); Tex.”
King v. State, 681 So. 2d 1136 (Fla. 1996). · cites it 5דSection 775.083 details the maximum fines applicable to designated crimes and noncriminal violations.”
Webster v. State, 705 So. 2d 970 (Fla. 2d DCA 1998). · cites it 10דIn addition, he was ordered to pay a fine under section 775.083, Florida Statutes (1995), of ,000 (00 per count), and to pay court costs of 0 (0 per count).”
Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012). · cites it 3דThe remainder was comprised of a
United States v. Bailey, 288 F. Supp. 2d 1261 (M.D. Fla. 2003). · cites it 3דFirst, pursuant to Fla. Stat. § 775.083 , defendants convicted of theft may be sentenced to pay a fine of ,000.”
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). · cites it 6ד082 (4)(b); Fla. Stat. § 775.083 (1)(e). The criminality of a defendant’s conduct and the possibility that she may spend up to two months in jail depends on whether she has retarded traffic “in order to solicit.”
Baker v. State, 941 So. 2d 419 (Fla. 2d DCA 2006). · cites it 10דBaker's fine had been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would have merit.”
Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004). · cites it 4דFines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).”
Alvarez v. State, 358 So. 2d 10 (Fla. 1978). · cites it 3ד082, § 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.”
Fasenmyer v. State, 457 So. 2d 1361 (Fla. 1984). · cites it 3ד…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…”
Baker v. State, 941 So. 2d 419 (Fla. 2d DCA 2006). “Baker's fine had been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would have merit.”
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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 775 matters in the context of felony sentencing and criminal defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.