Florida/Georgia Personal Injury & Workers Compensation

...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. See Reyes, 655 So.2d at 116. Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed....

...Only because the appellant later filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 8.800(b)(2), contending that the trial court erred in imposing a $100 fine together with a $5 surcharge (pursuant to sections 775.083 and 938.04, Florida Statutes (2010)), a $100 “Sheriffs Office Investigative Cost,” and “a discretionary $150 public defender lien,” are these issues preserved....

...as error for the trial court to impose the $100 fine under this statute without notice or hearing and without specifically pronouncing the fine at the sentencing hearing. Because the fine was erroneously imposed, the $5 surcharge imposed pursuant to section 938.04, Florida Statutes, must likewise be reversed....

...State, 946 So.2d 1129, 1130 (Fla. 2d DCA 2006). In the instant case, because it failed to orally pronounce it at sentencing, the trial court erred in imposing the fine and it must be stricken. The written judgment for fines and costs also includes a $10 surcharge under section 938.04, Florida Statutes (2009), and a $20 court cost under section 934.06, Florida Statutes (2009). Section 938.04(1) authorizes a five percent surcharge on "any fine for any criminal offense prescribed by law." Section 938.06(1) authorizes a $20 court cost "in addition to any fine prescribed by law." In the instant case, because the trial court er...

...While we are cognizant of the pending reforms to this criminal schema, see Fla. CS for SB 360, § 1 (2014), they do not affect Gordon's 2011 crime. We express no view as to the constitutionality of the pending legislation. . For example, the 5% surcharge imposed on all fines by section 938.04, Florida Statutes (2011), amounts to $25,000 on the $500,000 fine and $5000 on the $100,000 fine....

...t Fund cost by filing a motion to correct sentencing error. See Fla. R.App. P. 3.800(b)(2). The trial court summarily denied his motion. Mr. Dadds argues that the trial court pronounced no statutory basis for the imposition of a $500 fine other than section 938.04, Florida Statutes (2004), that addresses the imposition of a five percent surcharge to the imposed fine....

...We find no error in appellant's judgment and sentence. However, we find the trial court erred in imposing, in the written judgment and sentence; a $2,100 fine pursuant to section 775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section 938.04, Florida Statutes (2009); and a $20 court cost pursuant to section 938.06, Florida Statutes (2009)....

...State, 674 So.2d 123, 124 (Fla.1996) (holding “special conditions of probation must be imposed at sentencing and may not be imposed at resentencing”). Finally, the trial court erred by imposing a $1000 fine pursuant to section 775.083(1), Florida Statutes (2010), and an accompanying $50 surcharge pursuant to section 938.04, Florida Statutes (2010), in each case....

...turn—firearms seized from persons who are taken into custody for an involuntary mental health examination under Florida’s Baker Act.” Keck v. Seminole Cty. Sheriff’s Office, 2010 WL 2822011 , at *2 n. 6 (M.D.Fla. July 16, 2010). Accordingly, section 938.04, and thus the Administrative Order addressing section 933.04, did not require or permit the Sheriff to retain Appellant’s firearms in response to a safety call'which did not result in a criminal investigation or charges....

...We strike the $500 fine because the trial court failed to pronounce it orally. See Perdue v. State, 17 So.3d 1283, 1283 (Fla. 2d DCA 2009); Masengale v. State, 969 So.2d 1218, 1219 (Fla. 2d DCA 2007). The written judgment also includes an additional five percent surcharge on the $500 fine in the amount of $25, pursuant to section 938.04, Florida Statutes (2007)....

...pursuant to section 938.05(1), Florida Statutes. However, because Hogle was not convicted of any misdemeanors, the court should not have included the $100. Additionally, the court imposed a $342.86 fine pursuant to section 775.083, as well as a related $17.14 surcharge pursuant to section 938.04....

...1st DCA 2012) (“The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing. . . . Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed.”)....

...the statutory maximum fine of $500 for the offense). The trial court shall also reduce the surcharge amount listed in Gonse's judgment and sentence from $375 to $250. A surcharge shall be 5% of "any fine for any criminal offense prescribed by law." § 938.04, Fla....

...having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: The defendant pay a fine of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, Florida The defe...

...On the State’s proper concession of error, we reverse solely as to the imposition of a discretionary fine and surcharge. The trial court imposed “$1,522.50 court costs and fines.” This lump sum included the felony fine pursuant to section 775.083, Florida Statutes, and the five percent surcharge pursuant to section 938.04....

...The trial court orally pronounced “costs and fines” of $1522.50 without delineating the specific costs and fines included in this amount. The written judgment and sentence included a discretionary fine of $1050 pursuant to section 775.083, Florida Statutes, and an associated five-percent surcharge 2 pursuant to section 938.04, Florida Statutes. As the fine was discretionary, it was error of the trial court to impose the fine without specifically pronouncing it at sentencing. Because the fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of the fine, must also be reversed....

...However, as the State correctly concedes, the trial court erred in imposing a $300 public defender lien pursuant to sections 27.562 and 938.29, Florida Statutes, a $200 fine pursuant to section 775.083(1), Florida Statutes, and a $10 surcharge pursuant to section 938.04, Florida Statutes, without giving Appellant notice and an opportunity to be heard. See § 938.29(1)(a), Fla. Stat. (2014) (mandating a $100 minimum public defender lien per felony case); § 27.52(1)(b), Fla. Stat. (2014) (mandating a $50 application fee); § 775.083(1), Fla. Stat. (2014) (authorizing the imposition of fines); § 938.04, Fla....

...1st DCA 2015) (en banc) (explaining that the fíne authorized by section 775.083(1) is discretionary and.its imposition thus requires notice, an opportunity to be heard, and specific pronouncement at the sentencing hearing and that the surcharge imposed pursuant to section 938.04 must also be reversed when the fine is reversed)....

...been denied. Fla. R. Crim. P. 3.800(b)(2)(B). We first find the trial court erred by imposing in the written judgment and sentence a $1,050 fine pursuant to section 775.083, Florida Statutes; a 5 percent surcharge in the amount of $52.50 pursuant to section 938.04, Florida Statutes; and a $20 court cost pursuant to section 938.06, Florida Statutes....

...At sentencing the trial court ordered Appellant to pay “court costs” of $971.25 in each ease. However, the written judgments for fines and costs in both cases ordered Appellant to pay $525.00 as a fine pursuant to section 775.083, Florida Statutes (2010); $26.25 as the five percent surcharge required by section 938.04, Florida Statutes (2010); and $420.00 in mandatory court costs, as well as a $25.00 administrative fee....

...Moreover, when specifically authorized by statute, a person may be sentenced to pay a fíne in lieu of any punishment described in section 775.082. § 775.083(1). In addition to any fine for any criminal offense prescribed by law, the trial court must also impose a five percent surcharge on the fíne. § 938.04....

and the five percent surcharge pursuant to section 938.04, Florida Statutes (2011), totaling $333. We

...State , 826 So.2d 268 , 272 (Fla. 2002). As to fees and costs, Appellant challenges three assessments in the written judgments and sentences for each of the six cases: a discretionary fine pursuant to section 775.083(1), Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section 938.27(1), Florida Statutes....

...impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012). Additionally, “[b]ecause this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed.” Id....

...Therefore, the trial court erred by ordering Davis to pay “Drug Case Fines” of $350. 1 This was in addition to the mandatory $50,000 trafficking fine, and mandatory $2,500 surcharge thereon, pursuant to section 893.135(1)(f)1.a., Florida Statutes (2021), and section 938.04, Florida Statutes (2021), respectively. 2 Davis’s timely rule 3.800(b)(2) motion requested that the trial court correct that error....

Florida Statutes, and a related surcharge under section 938.04, Florida Statutes, without giving him adequate

...However, the state properly concedes the trial court erred in assessing several statutory fines and costs. First, the imposition of the $2100 fine pursuant to section 775.083(1), Florida Statutes (2007), the associated surcharge of $105 pursuant to section 938.04, Florida Statutes (2007), and the $20 cost pursuant to section 938.06, Florida Statutes (2007), was erroneous because the trial court did not individually pronounce the discretionary $2100 fine during sentencing....

Statutes; the accompanying $10 surcharge under section 938.04, Florida Statutes; and the discretionary public

...On the State’s proper concession of error, we reverse solely as to the imposition of a discretionary fine and surcharge. The trial court imposed “$1,522.50 court costs and fines.” This lump sum included the felony fine pursuant to section 775.083, Florida Statutes, and the five percent surcharge pursuant to section 938.04....

...having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: The defendant pay a fine of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, F...

...The State 2 introduced copies of checks showing the defendant’s handwriting and signature. We therefore affirm the restitution order. Next, the defendant argues the trial court erred in applying a five percent surcharge, pursuant to section 938.04, Florida Statutes (2021), when the trial court did not impose a fine....

...Bartolone v. State, 327 So. 3d 331, 335 (Fla. 4th DCA 2021) (citing Anderson v. State, 229 So. 3d 383, 386 (Fla. 4th DCA 2017)). Here, the defendant raised the surcharge assessment in a Rule 3.800(b)(2) motion. By doing so, she preserved the issue. Section 938.04, Florida Statutes (2021), provides for the imposition of a five percent surcharge when a fine or cost is imposed under section 318.14(10), Florida Statutes (2021)....

surcharge on his fine, statutorily mandated by section 938.04, Florida Statutes. We affirm the sentencing

...Accordingly, we reverse these discretionary costs and remand for further proceedings. In addition to the mandatory costs, the written judgment reflected a discretionary cost of $342.86 pursuant to section 775.083 and a surcharge of $17.14 pursuant to section 938.04....

...court erred by: (1) imposing two special conditions of probation which were not orally pronounced at sentencing, (2) imposing a $2,000 fine pursuant to section 775.083, Florida Statutes (2009), without an oral pronouncement, (3) imposing a $100 surcharge on the fine pursuant to section 938.04, (4) imposing a $20 surcharge on the fine pursuant to section 938.06, and (5) imposing a $100 indigent legal assistance lien pursuant to section 938.29, without informing him of his right to a hearing to dispute the amount of the lien....

...oral pronouncement did not delineate the specific costs and fines included in the amount. As a result, the imposition of the $2000 discretionary fine pursuant to section 775.083, Florida Statutes (2009), and the surcharges imposed on that fine pursuant to sections 938.04 and 938.06,1 must be reversed....

...enton v. State, 708 So.2d 1002, 1003 (Fla. 2d DCA 1998) (striking surcharge that was imposed without oral pronouncement). However, the circuit court must enter a corrected written sentence reflecting that the $2,500 surcharge was imposed pursuant to section 938.04, Florida Statutes (2007), and that the $50,000 fine was imposed pursuant to section 893.135(l)(c)l.a., Florida Statutes (2007)....

...unity to be heard regarding the discretionary costs. That was improper. Giles v. State, 103 So.3d 1058, 1058 (Fla. 1st DCA 2013) (holding a fine pursuant to section 775.083 was discretionary, and because it and its accompanying surcharge pursuant to section 938.04 were not specifically announced during the sentencing hearing, they should be stricken).

...having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: The defendant pay a fine of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, Florida The defe...

...(2018) (a person who traffics between ten and two-hundred grams of phenethylamines “shall be ordered to pay a fine of $50,000”); § 893.135(1)(c)1.b., Fla. Stat. (2018) (a person who traffics between fourteen and twenty-eight grams of morphine “shall be ordered to pay a fine of $100,000”); and § 938.04, Fla....

accompanying surcharge assessed pursuant to section 938.04. Carmichael v. State, 192 So. 3d 640, 640 (Fla

...stricken because the trial court did not orally pronounce them. See Hogle v. State, 250 So. 3d 178, 181 (Fla. 1st DCA 2018) (striking the $342.86 fine imposed pursuant to section 775.083, Florida Statutes, and the related $17.14 surcharge imposed pursuant to section 938.04, Florida Statutes, because the court imposed them as part of a lump sum and did not specifically pronounce them during the sentencing hearing)....

...counsel. We find merit in one of the claims raised. At sentencing, the trial court failed to orally pronounce the imposition of a $1,050.00 fine pursuant to section 775.083, Florida Statutes, and a $52.50 five percent surcharge pursuant to section 938.04....

...The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the fine without specifically pronouncing the fine at the sentencing hearing. See Pullam v. State, 55 So. 3d 674, 675 (Fla. 1st DCA 2011). Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, was also erroneously imposed....

...3d 835, 837-38 (Fla. 2d DCA 2021) (directing the trial court to correct the citation and to provide the applicable county ordinance requiring the additional cost). In Ground 6, Glaubius argues that the trial court erred in imposing a $100 surcharge under section 938.04, Florida Statutes (2021), for the 3 It appears from the record that these fines were mistakenly imposed under the prior version of section 28.24 in effect from May 24, 2019, to June 30, 2021. 4 Crimes Compensation Trust Fund....

...of Defendant's Sentence to include 44 days of jail credit" and "prepare an amended 'Order for Charges/Costs/Fees' and an amended Sentencing Order deleting the $125.72 fine [imposed] pursuant to section 775.08, [Florida Statutes,] and the $6.28 fine surcharge [imposed] pursuant to section 938.04[, Florida Statutes]." On appeal, Swist asserts that although the circuit court clerk prepared an amended order for charges/costs/fees that eliminated the fine and surcharge, the clerk did not amend the actual sentencing order to reflect the same....

...When initially rendered on October 27, 2022, the first page of the sentencing order stated, "It is the sentence of the court that . . . [t]he Defendant pay a fine of $125.72 pursuant to section 775.083, Florida Statutes, plus $6.28 (5% as the surcharge) required by section 938.04, Florida Statutes." Pursuant to the circuit court's order, the circuit court clerk's amended sentencing order should have reflected the removal of this fine and surcharge....

...Because our record has not been supplemented 2 with an amended sentencing order reflecting that this correction has been made, we remand for correction, if necessary, of the sentencing order to reflect that the fine and surcharged imposed pursuant to sections 775.083 and 938.04 have been stricken....

...having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: . The defendant pay a fine of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. ....

...Jones, Appellant, challenges his conviction and sentence for attempted second-degree murder with the use of a firearm. We affirm his conviction and sentence but reverse as to the imposition of a fine under section 775.083(1), Florida Statutes (2010), and the resulting surcharge under section 938.04, Florida Statutes (2010)....

...I am not assessing a cost of prosecution, just the court costs and the fine, which are required.” The record shows that the mandatory costs amounted to $476, and an additional $50 was assessed on the $1000 fine pursuant to the mandatory provision of section 938.04, Florida Statutes (2022). Section 948.03(1)(j), Florida Statutes (2022), provides as a mandatory condition of probation: “[p]ay any application fee assessed under s. 27.52(1)(b) and attorney’s fees and costs assessed under s....

...having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: . The defendant pay a fine of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. ....

...Both the written sentence and the amended final judgment impose a $250.00 discretionary fine pursuant to section 775.083, Florida Statutes, as well as the additional imposition of $12.50, representing the 5% surcharge on the $250.00 fine, pursuant to section 938.04, Florida Statutes....

...However, Sanchez correctly notes that in certain of the sentencing documents the trial court cited the wrong statute as the basis for imposing $2.50 in costs. The State acknowledges that remand is appropriate for correction of the sentencing documents for counts I and II to reflect that the costs were imposed pursuant to section 938.04 Florida Statutes (1999), instead of section 960.25....

...Shawn Demontre Cooler appeals his convictions and sentences for armed robbery, criminal mischief, and multiple grand thefts. We affirm on all the issues he raises except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes....

PER CURIAM. Shawn Demontre Cooler appeals his conviction and sentence for grand theft. We affirm on all the issues he raises except for one, the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes....

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial

...For the reasons that follow, we strike the specific fine, surcharge, and public defender lien/fee, and we remand for further proceedings. The written judgment reflected a discretionary fee of $342.86 pursuant to section 775.083, Florida Statutes, and a $17.14 surcharge pursuant to section 938.04, Florida Statutes....

...Second, the court erred in imposing a discretionary fine and surcharge, as well as a $300 public defender lien. In addition to other costs, the written judgment reflected a discretionary cost of $342.86 under section 775.083, Florida Statutes, and a surcharge of $17.14 under section 938.04, Florida Statutes....

...Ms. Cheeks argues that the evidence was insufficient to overcome her defense of entrapment, the trial court erroneously overruled an objection to the admission of a jail call, and the trial court improperly imposed a discretionary fine pursuant to section 775.083, Florida Statutes, and a surcharge pursuant to section 938.04, Florida Statutes....