775.0835
Fines; surcharges; Crimes Compensation Trust Fund.
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775.0835 Fines; surcharges; Crimes Compensation Trust Fund.—
(1) When any person pleads guilty or nolo contendere to, or is convicted of, any felony or misdemeanor under the laws of this state which resulted in the injury or death of another person, the court may, if it finds that the defendant has the present ability to pay the fine and finds that the impact of the fine upon the defendant’s dependents will not cause such dependents to be dependent on public welfare, in addition to any other penalty, order the defendant to pay a fine, commensurate with the offense committed and with the probable impact upon the victim, but not to exceed $10,000. The fine shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund.
(2) The additional $50 obligation created by s. 938.03 shall be collected, and $49 of each $50 collected shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund, prior to any fine or surcharge authorized by this chapter. These costs are considered assessed unless specifically waived by the court. If the court does not order these costs, it shall state on the record, in detail, the reasons therefor.
History.—ss. 2, 3, ch. 77-452; s. 20, ch. 80-146; s. 2, ch. 83-319; s. 8, ch. 85-326; s. 12, ch. 91-23; s. 2, ch. 93-9; s. 18, ch. 94-342; s. 6, ch. 97-271; s. 18, ch. 2001-122.
Notes of Decisions
Cited in 38
cases, 1982–2018 · leading case: Reyes v. State
Reyes v. State (1995)
“ § 775.0835(1) Fla. Stat. (1991). This fine is deposited into the Crimes Compensation Trust Fund.”
Amendments to the Florida Rules of Criminal Procedure (2004)
“_ A fine in the sum of $_pur-suant 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.”
In Re Amendments to the Florida Rules of Criminal Procedure (2009)
“__ A fine in the sum of $_pursu-ant 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.”
In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE (2015)
“_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.”
DeLaPaz v. State (1984)
“DeLaPaz was convicted of possession of cannabis in an amount exceeding 20 grams, sentenced to five years imprisonment and fined ,000 under section 775.0835, Florida Statutes (1983).”
Joseph Nelson West v. State of Florida (2018)
“4th DCA 2010) (striking fines imposed under § 775.0835 due to the absence of required findings).”
Moore v. State (1982)
“00 fine pursuant to section 775.0835, Florida Statutes (1981).”
Amendments to the Florida Rules of Criminal Procedure (2000)
“_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.”
In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986 (1992)
“___ 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.”
In Re Amend. to Fla. Rules of Cr. Proc. (1992)
“____ 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.”
Morran v. State (1995)
“No statute was cited when the fine was announced, but the written judgment cited section 775.0835 for the fine and section 960.”
Houle v. State (2010)
“We also reverse the trial court’s imposition of two optional 0 fines under section 775.0835 for causing injury to another.”
— 775.0835(1) — 3 cases
Reyes v. State (1995)
“ § 775.0835(1) Fla. Stat. (1991). This fine is deposited into the Crimes Compensation Trust Fund.”
Joseph Nelson West v. State of Florida (2018)
“4th DCA 2010) (striking fines imposed under § 775.0835 due to the absence of required findings).”
Houle v. State (2010)
“We also reverse the trial court’s imposition of two optional 0 fines under section 775.0835 for causing injury to another.”
— 775.0835(2) — 1 case
Reyes v. State (1995)
“ § 775.0835(1) Fla. Stat. (1991). This fine is deposited into the Crimes Compensation Trust Fund.”
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