CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1025960
...Finally, we address Ayoub's contention that the probation and community control orders must be corrected to identify the statutory authority for the $3 cost imposed pursuant to Pasco County Ordinance 99-23 for "Teen Court Assessment." We note that the cost orders properly cite section 938.19 as the statutory authority for this cost. The State submits and we agree that the reference to the teen court assessment was sufficient in this case. However, we direct that future court orders include a reference to both section 938.19 and the applicable ordinance....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 22399538
...The State concedes that the statutes and ordinance authorizing th[is] ... mandatory cost[ ] did not become effective until ... after the date of Pierce's offense. Therefore, we strike the[] cost[]."). A trial court sitting in a county that has enacted a county ordinance referencing section 938.19, Florida Statutes (2001), and "adopt[ing] a mandatory [teen court] cost......
...on v. State,
846 So.2d 1217, 1219 (Fla. 5th DCA 2003) ("Rule 3.800 expressly applies to any `sentencing error.' We think a sentencing error is not only an error in a `sentence' but also any error that occurs as part of the sentencing process."). [2] Section
938.19 provides: [I]n each county in which a teen court has been created, a county may adopt a mandatory cost to be assessed in specific cases as provided for in subsection (1) by incorporating by reference the provisions of this section in a county ordinance.......
...The $3 assessment for court costs shall be assessed in addition to any fine ... or other court cost.... [3] Chapter 634, Ordinance Code (Fines and Costs), section 634.106 (2001), entitled "Teen court programs," provides: Pursuant to the authority granted in section 938.19, Florida Statutes: (a) A sum of three dollars shall be assessed as a cost by both the circuit and the county court in the county against every person ......
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179
...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
...appeals her adjudication of delinquency and disposition for obstructing or opposing an officer without violence. We affirm the adjudication of delinquency without comment, but we remand for the trial court to strike the imposition of a $3 cost for teen court because section 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....
...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....
...tory 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). [2] With respect to section
938.19, in its order the trial court quoted the statute as follows: [I]n each county in which a teen court has been created, a county may adopt a mandatory cost to be assessed in specific cases as provided for in subsection (1) by incorporating by reference the provisions of this section in a county ordinance....
...penalty for any violation of chapter 316. (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....
...statute. In addition, "the juvenile justice system does not recognize the concept of `guilt.'" State v. Menuto,
912 So.2d 603, 607,
2005 WL 1026014 (Fla. 2d DCA May 4, 2005) (citing section 985.228(6)). Therefore, because E.J. was not convicted, and section
938.19 does not provide for imposition of the cost upon adjudication of delinquency, we remand for the trial court to strike the $3 cost for teen court imposed pursuant to section
938.19, Florida Statutes (2003)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 1560, 2011 WL 478726
...We therefore strike the public defender fee without prejudice to it being reimposed on remand after the proper procedures are followed. See Del Valle v. State,
26 So.3d 650, 651 (Fla. 2d DCA 2010). Finally, as to the $3 fee to “Teen Court Fund” under section
938.19, we affirm the assessment but remand for the trial court to correct the amended order assessing fines and costs to reflect the applicable ordinance in accordance with Ayoub v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 1401465, 2017 Fla. App. LEXIS 5365
...ce; and (2) by assessing a teen court cost where state law does not permit a court to assess that cost when adjudication is withheld in a juvenile case. On the first argument, we affirm without further discussion. On the second argument, we reverse. Section 938.19, Florida Statutes (2015), states, in pertinent part: (1) ......
...minal law, a delinquent act, or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of chapter 316.... (emphasis added). Broward County has created a teen court, for which a $2 teen court cost may be assessed under section 938.19’s authority. However, applying section 938.19(2)’s plain language, because the circuit court did not adjudicate the juvenile as delinquent, the court could not assess the teen court cost upon the juvenile....
...m Traffic Control Law; or (iii) who is adjudicated delinquent. *457 Broward Cnty. Ord. No. 2013-20, § 1, 4-9-13, Sec. 10-5 (emphasis added). We disagree with the state’s argument. Although the Broward County ordinance's organized differently than section 938.19(2), we interpret the plain meaning of both section 938.19(2) and the Broward County ordinance to mean the same thing—a court cannot assess the teen court cost upon a juvenile unless the , court has adjudicated the juvenile as delinquent....
...Id. at 470 (emphasis added; citation omitted). Thus, if the Bro-ward County ordinance authorizes the assessment of the teen court cost upon a juvenile whose adjudication of delinquency is withheld, such a penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639
...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 | Florida 2nd District Court of Appeal | 2005 WL 1345288
...McLean,
870 So.2d at 50. Accordingly, the trial court in this case erred by imposing the court facility fee without the required finding, and we reverse and remand for the trial court to strike that cost. Stewart also challenges the $3 teen court fee imposed pursuant to section
938.19, Florida Statutes (2002), because the trial court did not reference the county ordinance authorizing the imposition of such a fee....
CopyPublished | Florida 3rd District Court of Appeal
...4th DCA 2017) (“ ‘[A]n ordinance penalty may not exceed the penalty imposed by the state.’ ” ... Thus, if the Broward County ordinance authorizes the assessment of the teen court cost upon a juvenile whose adjudication of delinquency is withheld, sutíh a penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency.” (quoting Thomas v....
CopyPublished | Florida 3rd District Court of Appeal
...4th DCA 2017)
(“‘[A]n ordinance penalty may not exceed the penalty imposed by the state.’” . . .
Thus, if the Broward County ordinance authorizes the assessment of the teen court
cost upon a juvenile whose adjudication of delinquency is withheld, such a penalty
would exceed the penalty imposed by section 938.19(2), which requires an
adjudication of delinquency.” (quoting Thomas v....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139
...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; . pay $. the Teen Court cost, under section
938.19, Florida Statutes (if authorized by county ordinance); ....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16586
...appeals her adjudication of delinquency and disposition for obstructing or opposing an officer without violence. We affirm the adjudication of delinquency without comment, but we remand for the trial court to strike the imposition of a $3 cost for teen court because section 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....
...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....
...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). 2 With respect to section
938.19, in its order the trial court quoted the statute as follows: [I]n each county in which a teen court has been created, a county may adopt a mandatory cost to be assessed in specific cases as provided for in subsection (1) by incorporating by reference the provisions of this section in a county ordinance....
...ty for any violation of chapter 316. (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....
...In addition, “the juvenile justice system does not recognize the concept of ‘guilt.’ ” State v. Menuto,
912 So.2d 603, 607 ,
2005 WL 1026014 (Fla. 2d DCA May 4, 2005) (citing section 985.228(6)). Therefore, because E.J. was not convicted, and section
938.19 does not provide for imposition of the cost upon adjudication of delinquency, we remand for the trial court to strike the $3 cost for teen court imposed pursuant to section
938.19, Florida Statutes (2003)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6082572, 2013 Fla. App. LEXIS 18400
...tion for each count, degree of the offenses and the maximum terms. The order should be entered nunc pro tunc to the date of the original disposition. In addition, the state also concedes that the imposition of the $2 teen court fee was unauthorized. Section 938.19(l)-(2), Florida Statutes (2011), provides that “in each county in which a teen court has been created, the board of county commissioners may adopt a mandatory court cost to be assessed ... 2) ... against each person ... adjudicated delinquent.” In this case, at the time of disposition, the Broward Board of County Commissioners had not amended its ordinance assessing additional fees, pursuant to section 938.19, Florida Statutes (2011), to include a reference to juvenile delinquency cases....
CopyPublished | Florida 2nd District Court of Appeal
...an order withholding adjudication and
placing her on probation for first-degree misdemeanor battery. We affirm the order on
appeal with the exception of two cost assessments. First, we reverse the $3
assessment for teen court imposed pursuant to section 938.19(2), Florida Statutes
(2017), and Polk County Ordinance 07-042 because the cost is not authorized when
adjudication has been withheld....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
...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. Florida Statutes: . pay $.the Teen Court cost, under section
938.19....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3156, 2011 WL 799745
...-(b), Florida Statutes (2009), may be assessed. See J.W.J. v. State,
994 So.2d 1223, 1227 (Fla. 1st DCA 2008); M.D.J. v. State,
936 So.2d 774, 775 (Fla. 5th DCA 2006); T.L.S.,
949 So.2d at 292-93 . This is also true as to the $3 teen courts fee, see section
938.19, Florida Statutes (2009), which also fails because Miami-Dade. County has not, as section
938.19 requires, specifically elected to apply the cost to delinquencies....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...Mullaney General Counsel City of Jacksonville 117 West Duval Street, Suite 480 Jacksonville, Florida 32302 Dear Mr. Mullaney: Your office has asked substantially the following questions: 1. May the county determine the offenses for which the $3 assessment authorized by section 938.19 , Florida Statutes, may be imposed? 2. May the funds received from the $3 assessment pursuant to section 938.19 , Florida Statutes, be applied to other programs or go into the county's general revenue fund? In sum: 1. Section 938.19 , Florida Statutes, does not authorize the county to choose the offenses for which the $3 assessment authorized by section 938.19 , Florida Statutes, may be imposed; rather, the statute specifies those offenses for which the assessment will be imposed. 2. Section 938.19 , Florida Statutes, requires that funds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize application of the funds to other programs or to the county's general revenue fund. Question One Section 938.19 , Florida Statutes, authorizes a county in which a teen court has been created to "adopt a mandatory cost to be assessed in specific cases as provided for in subsection (1) [of section 938.19 ] by incorporating by reference the provisions of this section in a county ordinance." 1 Subsection (1) of section 938.19 , Florida Statutes, provides: "A sum of $3, which shall be assessed as a court cost by both the circuit court and the county court in the county against every person who pleads guilty or nolo contendere to, or is convicted of, regardle...
...The clerk of the circuit court shall collect the respective $3 assessments for court costs established in this subsection and shall remit the same to the teen court monthly, less 5 percent, which is to be retained as fee income of the office of the clerk of the circuit court." (e.s.) Section 938.19 (1), Florida Statutes, thus prescribes that the court "shall" assess and the clerk "shall" collect a sum of $3 against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of...
...posed. Moreover, where the Legislature has directed how a thing is to be done, the statutorily prescribed manner operates to preclude its being done in any other way. 4 Thus, while a county in which a teen court has been established is authorized by section 938.19 , Florida Statutes, to enact an ordinance adopting the provisions of section 938.19 (1), Florida Statutes, to impose a mandatory court cost of $3, section 938.19 prescribes the offenses for which the mandatory cost may be imposed. Accordingly, I am of the opinion that section 938.19 , Florida Statutes, does not authorize the county to choose the offenses for which the $3 assessment authorized by section 938.19 , Florida Statutes, may be imposed; rather, the statute specifies those offenses for which the assessment will be imposed. Question Two Section 938.19 , Florida Statutes, also governs the expenditure of the mandatory assessment collected under its terms. The statute requires that assessments collected by the clerk of the circuit court pursuant to section 938.19 "shall be deposited into an account specifically for the operation and administration of the teen court." Section 938.19 thus directs the use of the funds collected....
...rposes for which they are raised." Moreover, as discussed in Question One, when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 6 Accordingly, I am of the opinion that section 938.19 , Florida Statutes, requires that the funds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize the funds to be applied to other programs or to the county's general revenue fund. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Teen courts may also be funded by such other moneys as become available for establishing and operating teen courts under the provisions of Florida law. See, s. 938.19 (2), Fla....
...2 Cf., Op. Att'y Gen. Fla. 97-71 (1997) in which this office concluded that after October 1, 1996, s.
318.121 , Fla. Stat. (1996 Supp.), prohibited the addition of the court cost for teen court to civil traffic penalties imposed under Ch. 318 , Fla. Stat. Section
938.19 , Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2010 WL 2634429
...CRENSHAW, Judge. We affirm the withhold of adjudication of delinquency and W.B.'s resulting probation. We remand to the juvenile court for the limited purpose of correcting the order to reflect the statutory authority for the $3 "Teen Court fee" under section 938.19, Florida Statutes (2008), in accordance with Ayoub v....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 9767
..., Judge. We affirm the withhold of adjudication of delinquency and W.B.’s resulting probation. We remand to the juvenile court for the limited purpose of correcting the order to reflect the statutory authority for the $3 “Teen Court fee” under section 938.19, Florida Statutes (2008), in accordance with Ayoub v....
CopyPublished | Florida 4th District Court of Appeal
...We note that in this appeal, the State appropriately conceded
that the $100 in prosecution costs was improperly imposed.
As to the $223 “MM cost,” appellant concedes that $220 of it is
statutorily mandated costs. She objects to the additional $3. The State,
however, has shown that section 938.19(2), Florida Statutes (2021),
provides for the mandatory assessment of $3 in costs for Teen Court....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...nty civil mediation-arbitration services and family mediation-arbitration services under the supervision of the chief judge. In Attorney General Opinion 01-40, this office considered whether funds received from the $3 court cost assessed pursuant to section 938.19 , Florida Statutes, for the operation and administration of a teen court, could be applied to other programs or go into the county's general revenue fund....
...n addition, this office recognized the principle of statutory construction that when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 4 Thus, this office concluded that section 938.19 , Florida Statutes, requires that funds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize application of the funds to other programs or to the county's general revenue fund....
CopyPublished | Florida 5th District Court of Appeal
...However, we remand to reduce the Teen Court Fund
cost to $6.00 to match the trial court’s oral pronouncement that the
1 Anders v. California,
386 U.S. 738 (1967).
cost applies only to counts II and III. See Williams v. State,
957
So. 2d 600, 603 (Fla. 2007); see also §
938.19(2), Fla....
CopyPublished | Supreme Court of Florida
...- 18 -
..... pay $.........., the Crimes Compensation Trust Fund fee, under
section
938.03, Florida Statutes;
..... pay $.........., the Teen Court cost and service charge, under section
938.19, Florida Statutes (if authorized by county ordinance);
........
CopyPublished | Supreme Court of Florida
...prosecution or investigation;
..... pay $.........., the Victim’s Crimes Compensation Trust Fund fee, under section
938.03, Florida Statutes;
..... pay $ .........., the Teen Court cost and service charge, under section
938.19,
Florida Statutes (if authorized by county ordinance);
........
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 3556027
...r a negotiated plea. Williams preserved his objections by filing a motion under Florida Rule of Criminal Procedure 3.800(b)(2). We affirm in part and reverse in part. The trial court's rule 3.800(b)(2) order struck a $3 cost for the teen court under section 938.19, Florida Statutes (2002), and the State has not challenged this ruling....
