CopyCited 59 times | Published | Supreme Court of Florida | 2002 WL 1448825
...is convicted of or adjudicated delinquent for ... [a crime]."); §
810.14(3), Fla. Stat. (2001) ("A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree ...."); §
938.03(1), Fla....
CopyCited 29 times | Published | Supreme Court of Florida | 2006 WL 1838948
...In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation [T]rust Fund....
...5th DCA 1996). That case held that additional "costs" of $50.00 for the benefit of the Crimes Compensation Trust Fund should be assessed against all persons, including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered 938.03], which made it clear the Legislature intended them to be assessed in juvenile cases.[n.3] [n.3] As noted above, that statute provides: Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any...
...onal cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50.00 ... (emphasis added) Both P.P. and J.A. v. State,
633 So.2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section
938.03, provides that in proceedings under Chapter 985, "court fees shall not be charged against nor witness fees allowed to, any party to a delinquency petition or any parent or legal guardian." However, the courts held that the older statute had been partially overturned by section
938.03 because of the express language used in the newer statute....
...The majority has reached the correct result as a matter of statutory interpretation and has acted in accord with the purposes of juvenile sentencing as set forth by the Legislature. Unlike the $50 in costs for the Crimes Compensation Trust Fund authorized by section
938.03(1), Florida Statutes, sections
938.08 and
938.085 do not expressly authorize the $201 and $151 surcharges for domestic violence programs and rape crisis centers in juvenile delinquency cases. The costs in section
938.03(1) apply to "[a]ny person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense," and to "[a]ny person whose adjudication is wit...
...as adults can "plead[ ] guilty or nolo contendere to, or [be] found guilty of" one of the enumerated offenses. I cannot presume from the sparse statutory language in these provisions, set against the more complete expression of legislative intent in section 938.03(1), that the Legislature intended to place the burden of funding domestic violence programs and rape crisis centers on juvenile delinquents, some of whom may have committed offenses unrelated to either domestic violence or rape....
..."The doctrine of in pari materia requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature's intent." Zold v. Zold,
911 So.2d 1222, 1229 *1284 (Fla.2005). The use of language explicitly encompassing juvenile delinquents in section
938.03(1) and the absence of similar language in sections
938.08 and
938.085 suggest that the Legislature intended a distinction....
...y provided for the taxation of costs and surcharges against juveniles, sections
938.08 and
938.085 do not specify that they apply to delinquency proceedings. See majority op. at 1278. In particular, the majority relies on Judge Sharp's discussion of section
938.03, Florida Statutes (2003). See id. at 1279, 1282 (citing V.K.E.,
902 So.2d at 345, 347 (Sharp, J., concurring specially)). Section
938.03 states in relevant part: Crimes Compensation Trust Fund. (1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense...
...o unius applies to the mention of things within the same statute, and usually within the same sentence. It does not apply where something is mentioned in one statute but not in another. One cannot infer from the Legislature's explicit application of section
938.03 to juvenile proceedings that the absence of such language in sections
938.08 and
938.085 reflects an intent not to apply those statutes to juvenile proceedings. Section
938.03 applies to certain specified areas: "any felony, misdemeanor, delinquent act, or criminal traffic offense." The principle of expressio unius permits the inference that it does not apply to categories not mentioned in that sentence....
...1061,
131 L.Ed.2d 1 (1995) (Thomas, J., dissenting) (arguing that the majority's application of the maxim noscitur a sociis to section 2(10) of the Securities Act of 1933 creates doubt, instead of reducing it, and arguing that the canon applies only in cases of ambiguity). As the argument goes, because section
938.03 refers to juveniles and sections
938.08 and
938.085 do not, it is now unclear (although it was not before) whether these statutes apply to juveniles....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250783
...In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation trust Fund....
...5th DCA 1996). That case held that additional "costs" of $50.00 for the benefit of the Crimes Compensation Trust Fund should be assessed against all persons, including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered
938.03], which made it clear the Legislature intended them to be assessed in juvenile cases. [3] Both P.P. and J.A. v. State,
633 So.2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section
938.03, provides that in proceedings under Chapter 985, "court fees shall not be charged against nor witness fees allowed to, any party to a delinquency petition or any parent or legal guardian." However, the courts held that the older statute had been partially overturned by section
938.03 because of the express language used in the newer statute....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2004 WL 2776878
...rohibiting the imposition of "court fees" on parties to delinquency proceedings. In support of her argument, S.S.M. asks us to compare section
938.08, Florida Statutes (2004), the statute in question here, with another provision in the same chapter, section
938.03, Florida Statutes (2004), establishing the Crimes Compensation Trust Fund. Section
938.03(1) mandates the imposition of a Crimes Compensation Trust Fund fee on "any person ... adjudicated delinquent." §
938.03(1), Fla. Stat. (2004). S.S.M. reasons that because section
938.03 specifically included juvenile offenders, it was found to be an exception to the general cost prohibition found in section 985.221 by this Court in P.P....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 419339
...n 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). Parenthetically, we note that, based on a reading of section
938.03, which imposes a $50 cost regardless of whether adjudication has been entered or withheld, it is clear that the Legislature knows how to make provision for imposition of costs in juvenile proceedings in the absence of adjudication. §
938.03(1), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828
...ingle case, as evidenced by this case. Each violation or offense is, thus, the basis for separate assessment of costs. If the Legislature intended to impose costs per case, it could have expressly done so as it has in other cost statutes. See, e.g., § 938.03(1), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179
...hall be assessed and collected in each instance a defendant ... is ... adjudicated delinquent for ... a felony." See V.K.E. v. State,
934 So.2d 1276 (Fla.2006); T.L.S. v. State,
949 So.2d 290, 292 (Fla. 5th DCA 2007). Another $50.00 is authorized by section
938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act; and $3.00 is authorized by section
938.19(2), Florida Statutes (2007), which expressly includes juveniles "adjudicated delinquent for a violation of a criminal law ......
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2654943
...tion
938.19, Florida Statutes (2003), does not apply to juvenile cases. On June 2, 2004, the trial court placed E.J. on juvenile probation for a term not to exceed one year and imposed the following costs as a condition of probation: $50 pursuant to section
938.03, Florida Statutes (2003); $3 pursuant to section
938.17; and $3 pursuant to section
938.19....
...ition on imposing "court fees" in any proceeding under chapter 985 against "any party to a delinquency petition or any parent or legal guardian[.]" She argued that because sections
938.17 and
938.19 did not expressly apply to juvenile cases, as does section
938.03, the trial court should strike those costs....
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468
...[a crime].”); §
810.14(3), Fla. Stat. (2001) (“A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree .... ”); §
938.03(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 63195
...Tomlinson v. State,
645 So.2d 1 (Fla. 2d DCA 1994). As Judge Altenbernd points out in his special concurrence, the problem presented in this case most likely arose due to the disparity between the form for orders of probation in the criminal rules and section
938.03(1)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The State appeals the trial court's order refusing to assess surcharges of $201 under section
938.08, Florida Statutes (2004), and $151 under section
938.085, Florida Statutes (2004), against five juveniles J.C., J.G., E.G., T.N., and C.C. The trial court refused to assess the surcharges because, in contrast to section
938.03, Florida Statutes (2004), [1] sections
938.08 and 930.085 "make absolutely no reference to being adjudicated delinquent or the commission of a delinquent act." We reverse and certify a question of great public importance....
...JUDGE HAVE THE POWER AND AUTHORITY TO IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING THE MANDATORY SURCHARGES SET FORTH IN SECTIONS
938.08 AND 930.085? Reversed and remanded; question certified. CASANUEVA and LaROSE, JJ., Concur. NOTES [1] Section
938.03 provides: (1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5289
...The trial court withheld J.C.’s adjudication in this case. While the State concedes the trial court’s error, it nonetheless argues that the court should have imposed on J.C. the $50 statutorily-mandated cost for the Crimes Compensation Trust Fund under section 938.03(1), Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 1563681
...The trial court withheld J.C.'s adjudication in this case. While the State concedes the trial court's error, it nonetheless argues that the court should have imposed on J.C. the $50 statutorily-mandated cost for the Crimes Compensation Trust Fund under section 938.03(1), Florida Statutes (2008)....
CopyCited 1 times | Published | Supreme Court of Florida
...State of Florida
v.
Defendant
- 50 -
CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 S...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639
...ll be assessed and collected in each instance a defendant ... is ... adjudicated delinquent for ... a felony.” See V.K.E. v. State,
934 So.2d 1276 (Fla.2006); T.L.S. v. State,
949 So.2d 290, 292 (Fla. 5th DCA 2007). Another $50.00 is authorized by section
938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act; and $3.00 is authorized by section
938.19(2), Florida Statutes (2007), which expressly includes juveniles “adjudicated delinquent for a violation of a criminal law ......
CopyCited 1 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475
...In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation [T]rust Fund....
...That case held that additional “costs” of $50.00 for the benefit of the Crimes Compensation Trust Fund should be assessed against all persons, including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered 938.03], which made it clear the Legislature intended them to be assessed in juvenile cases.[n.3] [n.3] As noted above, that statute provides: Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any...
...onal cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50.00 ... (emphasis added) Both P.P. and J.A. v. State,
633 So.2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section
938.03, provides that in proceedings under Chapter 985, “court fees shall not' be charged against nor witness fees allowed to, any party to a delinquency petition or any parent or legal guardian.” However, the courts held that the older statute had been partially overturned by section
938.03 because of the express language used in the newer statute....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10675, 2010 WL 2788878
...There still may be instances in which it is essential to disclose the statutory basis for costs in juvenile cases, but the very common $50 cost imposed in juvenile cases is based on the mandatory cost for the Criminal Compensation Trust Fund under section 938.03, Florida Statutes (2008), which the trial court cannot waive and must impose even when adjudication is withheld....
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... is ... adjudicated delinquent for ... a felony" and another $50 pursuant to section
938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
...Committee Notes [No change] RULE 3.986. FORMS RELATED TO JUDGMENT AND SENTENCE (a) — (b) [No change] (c) Form for Charges, Costs, and Fees. [[Image here]] CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: _ $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust Fund)....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139
...oav S.(no less than S50 per case when a misdemeanor offense is charged) or $.(no less than S100 per case when a felony offense is charged), the costs of prosecution and investigation, under sections
938.27 and
985.032. Florida Statutes. . pay $.the Victim's Crime Compensation Trust Fund fee, under section
938.03, Florida Statutes; ....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...Case Number
State of Florida
v.
Defendant
CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 Statu...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16586
...tion
938.19, Florida Statutes (2003), does not apply to juvenile cases. On June 2, 2004, the trial court placed E.J. on juvenile probation for a term not to exceed one year and imposed the following costs as a condition of probation: $50 pursuant to section
938.03, Florida Statutes (2003); $3 pursuant to section
938.17; and $3 pursuant to section
938.19....
...n imposing “court fees” in any proceeding under chapter 985 against “any party to a delinquency petition or any parent or legal guardian[J” She argued that because sections
938.17 and
938.19 did not expressly apply to juvenile cases, as does section
938.03, the trial court should strike those costs....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 6097539, 2013 Fla. App. LEXIS 18511
...We affirm the judgment and sentence, but remand with instructions to correct two scrivener’s errors on’ the trial court’s cost and fines worksheet. The first appears in a fee listed and assessed on the worksheet that cites a non-existent statute, section 938.93, Florida Statutes, which should be changed to “section
938.03, Florida Statutes.” The second appears in the last fee listed and assessed on the worksheet that cites a non-existent statute, section 938.185, Florida Statutes, which should be changed to “section
939.185, Florida Statutes.” WOLF, ROBERTS, and MAKAR, JJ., concur....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
...ld’s driver’s license is .....suspended/ revoked.for.1/2..... years. The child is to serve.5/10.... days in the Juvenile Detention Center. THE COURT FURTHER FINDS AND ORDERS: . The child must: . pay $.the Crime Compensation Trust Fund fee, under section 938.03....
...e hearing or voice impaired, call 711." . As adopted, the amendments to this form differ slightly from those proposed by the Committee. In its proposed amendments, the Committee referred to the "Victim’s Crime Compensation Trust Fund,” but under section 938.03, Florida Statutes (2012), the trust fund is called the "Crimes Compensation Trust Fund.” Additionally, the proposed amendments referred to "chapter 800 (lewd or lascivious),” but the title of chapter 800 is "Lewdness; Indecent Expo...
CopyPublished | Florida 4th District Court of Appeal | 1998 WL 429971
...n cases where a child has been adjudicated delinquent. The court sentenced petitioner pursuant to section 985.231(1)(a)3, which provides that a court may "[c]ommit the child to the Department of Juvenile Justice at a restrictiveness level defined in s. 938.03(45)." [1] Section 938.03(45) sets forth the five restrictiveness levels "of custody provided by programs that service the custody and care needs of committed children." Under section 985.231(1)(a)3, there is no open commitment to the department, but only a commitment for placement in a custody program....
CopyPublished | Supreme Court of Florida
...mber
State of Florida
v.
- 47 -
Defendant
CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 S...
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 10523
...At the hearing on the motion, the trial judge made the following pronouncement: [T]he Court will re-impose $165 and specify that those costs came from the mandatory court costs in
938.01, which is the clearing trust fund, $3, crimes compensation trust fund of
938.03 in the amount of $50, the additional court costs for felonies,
938.05, in the amount of $112, for a total of $165....
...Like section
938.05, section
938.01 makes no mention of juvenile delinquency proceedings. Therefore, both the $3 surcharge imposed pursuant to section
938.01 and the $112 cost imposed pursuant to section
938.05 should be stricken. C.S. also argues that the trial judge originally imposed the $50 surcharge pursuant to section
938.03 as a term of his probation; therefore, he contends it was error for the judge to reimpose the cost at the hearing on the motion to correct disposition errors when he had already completed his probationary term. We find no merit to this argument. Section
938.03 makes this $50 cost mandatory for any adjudication of delinquency, providing that “[tjhese costs shall not be waived by the court.” §
938.03(2). Nothing in the record demonstrates the court imposed this cost as a term of probation. Accordingly, we affirm the adjudication of delinquency as well as the $50 cost imposed pursuant to section
938.03....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 2697249
...At the hearing on the motion, the trial judge made the following pronouncement: [T]he Court will re-impose $165 and specify that those costs came from the mandatory court costs in
938.01, which is the clearing trust fund, $3, crimes compensation trust fund of
938.03 in the amount of $50, the additional court costs for felonies,
938.05, in the amount of $112, for a total of $165....
...Like section
938.05, section
938.01 makes no mention of juvenile delinquency proceedings. Therefore, both the $3 surcharge imposed pursuant to section
938.01 and the $112 cost imposed pursuant to section
938.05 should be stricken. C.S. also argues that the trial judge originally imposed the $50 surcharge pursuant to section
938.03 as a term of his probation; therefore, he contends it was error for the judge to reimpose the cost at the hearing on the motion to correct disposition errors when he had already completed his probationary term. We find no merit to this argument. Section
938.03 makes this $50 cost mandatory for any adjudication of delinquency, providing that "[t]hese costs shall not be waived by the court." §
938.03(2). Nothing in the record demonstrates the court imposed this cost as a term of probation. Accordingly, we affirm the adjudication of delinquency as well as the $50 cost imposed pursuant to section
938.03....
CopyPublished | Supreme Court of Florida
....
State of Florida
v.
.
Defendant
CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 Statu...
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 1580
...n 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). Parenthetically, we note that, based on a reading of section
938.03, which imposes a $50 cost regardless of whether adjudication has been entered or withheld, it is clear that the Legislature knows how to make provision for imposition of costs in juvenile proceedings in the absence of adjudication. §
938.03(1), Fla....
CopyPublished | Supreme Court of Florida
....
State of Florida
v.
.
Defendant
CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 Statu...
CopyPublished | Supreme Court of Florida
...to a preponderance its entitlement to such costs of
prosecution or investigation;
- 18 -
..... pay $.........., the Crimes Compensation Trust Fund fee, under
section 938.03, 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 ... is ... adjudicated delinquent for ... a felony” and another $50 pursuant to section
938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act....
CopyPublished | Supreme Court of Florida
...investigation, as provided by law, has shown to a preponderance its
entitlement to such costs of prosecution or investigation;
..... pay $.........., the Victim’s Crimes Compensation Trust Fund fee, under section
938.03, Florida Statutes;
........
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 18304
...biting the imposition of “court fees” on parties to delinquency proceedings. In support of her argument, S.S.M. asks us to compare section
938.08, Florida Statutes (2004), the statute in question here, with another provision in the same chapter, section
938.03, Florida Statutes (2004), establishing the Crimes Compensation Trust Fund. Section
938.03(1) mandates the imposition of a Crimes Compensation Trust Fund fee on “any person ... adjudicated delinquent.” §
938.03(1), Fla. Stat. (2004). S.S.M. reasons that because section
938.03 specifically included juvenile offenders, it was found to be an exception to the general cost prohibition found in section 985.221 by this Court in P.P....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 12792
...The State appeals the trial court’s order refusing to assess surcharges of $201 under section
938.08, Florida Statutes (2004), and $151 under section
938.085, Florida Statutes (2004), against five juveniles— J.C., J.G., E.G., T.N., and C.C. The trial court refused to assess the surcharges because, in contrast to section
938.03, Florida Statutes (2004), 1 sections
938.08 and 930.085 “make absolutely no reference to being adjudicated delinquent or the commission of a delinquent act.” We reverse and certify a question of great public importance....
...A TRIAL JUDGE HAVE THE POWER AND AUTHORITY TO IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING THE MANDATORY SURCHARGES SET FORTH IN SECTIONS
938.08 AND 930.085? Reversed and remanded; question certified. CASANUEVA and LaROSE, JJ., Concur. . Section
938.03 provides: (1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of...
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5189, 2011 WL 1377065
...tatutes, Court Facilities. He argues that because the costs were imposed without proper statutory authority, they must be stricken. See Perdue v. State,
17 So.3d 1283 (Fla. 2d DCA 2009). We agree. The correct statutory authorities are as follows: 1) Section
938.03, Florida Statutes (2007), Crimes Compensation Trust Fund; 2) Section
938.01(1), Additional Court Cost Clearing Trust Fund; 3) Section
938.15, Criminal Justice Education for Local Government; 4) Section
938.05(l)(a), Additional Court Co...
