CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1025960
...Ayoub argues that the trial court lacked statutory authority to impose this cost and that a trial court may not rely on a local ordinance to impose a court cost, citing Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995) (en banc). The State correctly points out, however, that this is a mandatory cost pursuant to section
938.17(1), (2), Florida Statutes (2002), and that Pasco County adopted ordinance 97-03 pursuant to section 775.0833, [2] the predecessor of section
938.17....
...The State also contends that identifying the cost as "Juvenile Assessment Center" is a sufficient description to substitute for a statutory citation in this case. We agree. Thus, we do not strike this cost, but we direct that future cost orders include a reference to both section 938.17 and the applicable ordinance....
...Affirmed in part, reversed in part, and remanded. WALLACE, J., and THREADGILL, EDWARD F., Senior Judge, Concur. NOTES [1] Anders v. California,
386 U.S. 738,
87 S.Ct. 1396,
18 L.Ed.2d 493 (1967). [2] Section 775.0833, Florida Statutes (Supp.1996), was renumbered as section
938.17, effective July 1, 1997....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2654943
...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. E.J. filed a notice of appeal and later filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). [1] In her motion, E.J. challenged the imposition of the $3 cost pursuant to section
938.17 and the $3 cost pursuant to section
938.19....
...She cited section 985.221, Florida Statutes (2003), which contains a general prohibition 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. The trial court denied the motion. E.J. does not argue on appeal that the trial court erred in denying her motion with respect to section
938.17....
...pts an ordinance for the assessment of the mandatory cost, to be imposed upon "every person who... pleads guilty, nolo contendere to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor[.]" § 938.17 (emphasis added)....
...(Emphasis supplied by trial court.) The trial court then stated that "E.J. was found guilty of violating a state criminal statute" and that Hillsborough County had "specifically authorized the assessment in section
938.19"; thus, the trial court denied the motion to correct sentencing error. Unlike section
938.17, section
938.19 does not specifically authorize the *384 imposition of the $3 cost in juvenile delinquency cases....
...Adjudication affirmed; remanded to strike cost. FULMER, C.J., and SALCINES, J., Concur. NOTES [1] The motion should have been filed pursuant to Florida Rule of Juvenile Procedure 8.135(b), the juvenile version of rule 3.800(b). [2] Effective July 1, 2004, however, section
938.17 was amended and the provision for the imposition of juvenile assessment center costs was moved to section
939.185; section
939.185 does not contain the language of imposing the cost on those adjudicated delinquent....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16586
...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. E.J. filed a notice of appeal and later filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). 1 In her motion, E.J. challenged the imposition of the $3 cost pursuant to section
938.17 and the $3 cost pursuant to section
938.19....
...She cited section 985.221, Florida Statutes (2003), which contains a general prohibition on 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. The trial court denied the motion. E.J. does not argue on appeal that the trial court erred in denying her motion with respect to section
938.17....
...ordinance for the assessment of the mandatory cost, to be imposed upon “every person who ... pleads guilty, nolo contendere to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misde-meanorf.]” § 938.17 (emphasis added)....
...(Emphasis supplied by trial court.) The trial court then stated that “E.J. was found guilty of violating a state criminal statute” and that Hillsborough County had “specifically authorized the assessment in section
938.19”; thus, the trial court denied the motion to correct sentencing error. Unlike section
938.17, section
938.19 does not specifically authorize the *384 imposition of the $3 cost in juvenile delinquency cases....
...Adjudication affirmed; remanded to strike cost. FULMER, C.J., and SALCINES, J., Concur. . The motion should have been filed pursuant to Florida Rule of Juvenile Procedure 8.135(b), the juvenile version of rule 3.800(b). . Effective July 1, 2004, however, section
938.17 was amended and the provision for the imposition of juvenile assessment center costs was moved to section
939.185; section
939.185 does not contain the language of imposing the cost on those adjudicated delinquent....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 17219, 2005 WL 2863051
...dator designation. We address the challenged costs. Mr. Meier challenges the following costs: (1) the $2 criminal justice education fund cost pursuant to section
938.15, Florida Statutes (2001); (2) the $3 juvenile assessment center cost pursuant to section
938.17, Florida Statutes (2001); (3) the $150 court facility fee pursuant to section 939.18, Florida Statutes (2001); and (4) the $800 public defender fee pursuant to section
938.29, Florida Statutes (2001)....
