The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Next, the trial court imposed a $ 65 cost pursuant to section 939.185, Florida Statutes, without including . . .
. . . the trial court to cite the applicable county ordinance for a $65 fine imposed pursuant to section 939.185 . . .
. . . adjudicated delinquent and the child is required to pay $.........., an Aadditional cost, under section 939.185 . . .
. . . with McCann's contention that the trial court erred in imposing a $65 assessment pursuant to section 939.185 . . .
. . . the applicable county ordinance supporting the imposition of a $65 assessment, pursuant to section 939.185 . . . cost was $65 for "ADDITIONAL COSTS (BOCC)-PROGRAMS Mandatory with Ordinance ," pursuant to section 939.185 . . . Section 939.185(1)(a) provides that the "board of county commissioners may adopt by ordinance an additional . . . First District has remanded a case for citation to the appropriate ordinance for costs under section 939.185 . . .
. . . in the amount of $218, which included a $65 assessment for “[additional] court costs” under section 939.185 . . . Second, KM. argues that section 939.185(l)(a) authorizes the imposition of a $65 additional court cost . . . second issue on appeal, the juvenile court erred in imposing a $65 additional court cost under section 939.185 . . . Section 939.185(l)(a), Florida Statutes (2016) mirrors section 939.185(l)(a>, Florida Statutes (2015) . . .
. . . Because section 939.185(l)(a) of the Florida Statutes (2015) does not authorize a Florida county to adopt . . . additional court cost in accordance with Miami-Dade-County Ordinance 04-116, adopted pursuant to section 939.185 . . . While section 939.185(l)(a) does authorize Florida counties to adopt an ordinance imposing an additional . . . adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense ...§ 939.185 . . . The Miami-Dade County Ordinance implementing section 939.185(l)(a) is broader than the statute as to . . .
. . . 333, 335 (Fla. 2d DCA 2010) (‘We note that effective July 1, 2007, the legislature amended section 939.185 . . .
. . . Next, the trial court imposed a $65 cost pursuant to section 939.185, Florida Statutes, but failed to . . .
. . . cites a non-existent statute, section 938.185, Florida Statutes, which should be changed to “section 939.185 . . .
. . . has been adjudicated delinquent and the child is required to pay $.an Additional cost, under section 939.185 . . .
. . . the court erred in imposing certain costs without orally pronouncing them: a $65 cost under section 939.185 . . . The cost imposed under section 939.185(l)(a) and the local ordinance implementing it may stand, as it . . .
. . . has been adjudicated delinquent and the child is required to pav $.an additional cost, under section 939.185 . . .
. . . Florida Statutes, $65 additional court costs and $85 temporary criminal surcharge pursuant to section 939.185 . . .
. . . 938.27(1), Judgment for Costs on Conviction; (includes prosecution/investigative costs); and 6) Section 939.185 . . .
. . . neither the $65 additional court cost nor the $85 temporary criminal surcharge authorized by Section 939.185 . . .
. . . With respect to costs under section 939.185, Florida Statutes (2007), R.F. correctly points out that . . . State, 949 So.2d 290, 293 (Fla. 5th DCA 2007), for the proposition that section 939.185 does not apply . . . We note that effective July 1, 2007, the legislature amended section 939.185 to apply specifically to . . . See § 939.185(1)(a). Thus, section 939.185 is not applicable to R.F.’s case. . . . To the extent that the order imposes costs under section 939.185, we reverse and direct the trial court . . .
. . . However, as to the $65.00 in costs authorized by section 939.185(l)(a), Florida Statutes (2007), the . . .
. . . The trial court imposed a $48.75 cost pursuant to section 939.185, Florida Statutes (2004), which did . . . 980 So.2d 1035 (Fla.2008), the Florida Supreme Court upheld the retroactive application of section 939.185 . . .
. . . stricken because the offense occurred before the effective dates of the authorizing statutes, sections 939.185 . . . As to the $50 cost, the supreme court has held that retroactive application of section 939.185, Florida . . .
. . . Jones also challenges the $65 cost imposed under section 939.185, Florida Statutes (2004); however, we . . .
. . . but only to the extent that it reversed the imposition of costs pursuant to the provisions of section 939.185 . . . The limited issue we address is whether costs may be assessed under section 939.185 when that statute . . . own: Appellant challenges the trial court’s retroactive application of the cost provisions of section 939.185 . . . Coincidentally, on that same date, section 939.185, Florida Statutes (2004), became effective. . . . Applying these principles to section 939.185, Florida Statutes, the statute meets the first prong of . . .
. . . Watts argues that the trial court erred in imposing a $65 county court cost pursuant to section 939.185 . . .
. . . The charges, fees, and costs order imposes a cost of $65 pursuant to section 939.185, Florida Statutes . . . As stated in Griffin, section 939.185 was enacted effective July 1, 2004. . . . date of the statute, the trial court lacked authority to impose the $65 cost authorized by section 939.185 . . .
. . . Marsh challenges the trial court’s order imposing a $65 cost “pursuant to F.S. 939.185(1).” . . . Section 939.185 became effective on July 1, 2004, ch.2004-265, § 88, at 1022-23, Laws of Fla., and is . . . Accordingly, we strike the $65 court cost imposed pursuant to section 939.185(1) and the $50 cost imposed . . .
. . . Statutes (creating a surcharge to fund rape crisis centers), and a court cost of $65 imposed under section 939.185 . . . Section 939.185 became effective on July 1, 2004. See ch.2004-265, §§ 88, 109, Laws of Fla. . . . State, 892 So.2d 538 (Fla. 1st DCA 2005) (concluding that imposing the cost required by section 939.185 . . .
. . . Commitment, in all respects except for that part imposing court costs of $65.00 pursuant to section 939.185 . . .
. . . Commitment, in all respects except for that part imposing court costs of $65.00 pursuant to section 939.185 . . .
. . . We strike the $65 “Criminal Ordinance Program” fee imposed pursuant to section 939.185, Florida Statutes . . .
. . . This list of statutes included sections 939.185(1)(a) and 775.083(2), Florida Statutes (2004). . . . With regard to section 939.185(1)(a), this court noted in Griffin v. . . . Therefore, we remand for the trial court to strike $65 of the $370 cost imposed pursuant to section 939.185 . . . remand for the trial court to strike from the monetary obligation order the imposition of the section 939.185 . . .
. . . We also agree that because section 939.185(l)(a), Florida Statutes, was not in effect at the time Mitchell . . .
. . . The State agrees that the costs imposed pursuant to sections 775.083(2) and 939.185(l)(a), Florida Statutes . . .
. . . Appellant contends the trial court erred by imposing a $65 cost pursuant to section 939.185, Florida . . .
. . . imposed costs under section 775.083(2), Florida Statutes (2005), in the amount of $20, and section 939.185 . . . V.K.E., we must determine whether there is a clear legislative mandate to have sections 775.083(2) and 939.185 . . . T.L.S. also contends that the trial court erred in imposing the $65 cost pursuant to section 939.185, . . . found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state. § 939.185 . . . A plain reading of the statute indicates that the $65 cost pursuant to section 939.185(l)(a) is not intended . . .
. . . November 2004, the costs the court imposed included, among other items, a $65 cost' pursuant to section 939.185 . . . Section 939.185 was enacted effective July 1, 2004, see ch.2004-265, §§ 88, 109, Laws of Fla., and section . . . State, 939 So.2d 224 (Fla. 2d DCA 2006) (involving sections 775.083(2) and 939.185, Florida Statutes . . . The First District specifically decided that imposing the cost required by section 939.185 on a defendant . . . precedent in Cutwright and remand for the circuit court to strike the $65 cost pursuant to section 939.185 . . .
. . . Navicky also complains that the court improperly taxed him with a cost pursuant to section 939.185, Florida . . . Accordingly, we strike the $65 court cost imposed pursuant to section 939.185, and remand to the circuit . . .
. . . fines as mandatory costs in accordance with section 775.083(2), Florida Statutes (2004), and section 939.185 . . . It replaced this section, effective the same day, with section 939.185. . . .
. . . appealed disposition order in all respects except for the imposition of a $65 cost pursuant to section 939.185 . . .
. . . We strike the assessment of the fine set forth in section 939.185, Florida Statutes (2005), as it has . . .
. . . $151 cost pursuant to section 938.085, Florida- Statutes (2004), and a $65 cost pursuant to section 939.185 . . . Section 939.185 did not become effective until July 1, 2004. See ch. 2004-265, § 88, Laws of Fla. . . . We therefore strike the costs imposed pursuant to sections 938.085 and 939.185. . . .
. . . to section 775.083, Florida Statutes (2004), and the additional $65 court cost, pursuant to section 939.185 . . .
. . . Fla. 2d DCA 2005) (en banc), this statute was repealed in 2004 and was apparently replaced by section 939.185 . . . The holding in this case does not apply to costs imposed pursuant to section 939.185 for offenses committed . . .
. . . 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. . . .
. . . Section 939.185 appears to have replaced this section. . . . The holding in this section of this opinion will not apply to costs imposed under section 939.185 for . . .
. . . Appellant challenges the trial court’s retroactive application of the cost provisions of section 939.185 . . . Coincidentally, on that same date, section 939.185, Florida Statutes (2004), became effective. . . . Applying these principles to section 939.185, Florida Statutes, the statute meets the first prong of . . . Section 939.185, Florida Statutes (2004), is not self-executing, and it places discretion in county boards . . .