Florida Statute 142.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 142
COUNTY FINE AND FORFEITURE FUND

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142.09 If defendant is not convicted or dies.—If the defendant is not convicted, or the prosecution is abated by the death of the defendant, or if the costs are imposed on the defendant and execution against him or her is returned no property found, or if a nolle prosse be entered, in each of these cases the fees of witnesses and officers arising from criminal causes shall be paid by the state in the manner specified in s. 40.29; provided, that when a committing trial court judge holds to bail or commits a person to answer to a criminal charge and an information is not filed or an indictment found against such person, the costs and fees of such committing trial shall not be paid by the state, except the costs of executing the warrants.

History.—ss. 3, 7, ch. 4323, 1895; GS 970; RGS 1782; CGL 2833; s. 847, ch. 95-147; s. 6, ch. 2004-11; s. 56, ch. 2004-265.

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Amendments to 142.09

Annotations, Discussions, Cases:

Cases Citing Statute 142.09

Total Results: 7 | Sort by: Relevance | Newest First

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Rose v. Palm Beach Cty., 361 So. 2d 135 (Fla. 1978).

Cited 37 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4857

...(1977), provides that the costs of witnesses necessary to the defense be paid by the county. A nonindigent criminal defendant would have to pay the prescribed fees in order to subpoena witnesses, but where the defendant is not convicted, "the fees of witnesses and officers" are to be paid by the county. § 142.09, Fla....

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Merkle v. Robinson, 737 So. 2d 540 (Fla. 1999).

Cited 23 times | Published | Supreme Court of Florida | 1999 WL 506972

the "exceptional circumstances" envisioned by section 142.[9] This Court has consistently followed the Restatement

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Warren v. Capuano, 269 So. 2d 380 (Fla. 4th DCA 1972).

Cited 15 times | Published | Florida 4th District Court of Appeal

...The appellant had contended that the costs of witness fees are limited by the provisions of Florida Statutes § 939.07, F.S.A. The appellee takes the position that if the approval of the judge is required to summon witnesses, the approval is only necessary in case of insolvent defendants. The appellee also relies on Section 142.09, Florida Statutes, F.S.A., as authority to require the county to pay for witness fees if a nolle prosequi has been entered....

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Warren v. Capuano, 282 So. 2d 873 (Fla. 1973).

Cited 13 times | Published | Supreme Court of Florida

...icle XVI (Section 9, Article XVI became a statute pursuant to Section 10, Article XII of the schedule of the 1968 constitutional revision). The District Court also referred to and discussed the application of F.S. Sections 939.06, 939.07 and 939.08, Section 142.09, Section 48.021, and Chapter 942, F.S.A., to this case....

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Strauss v. Dade Cnty., 253 So. 2d 864 (Fla. 1971).

Cited 7 times | Published | Supreme Court of Florida

...County to pay the fee which the judge had set without the County having the right to question in a court of competent jurisdiction the fee's validity and reasonableness. Instead, we said a "reasonable fee must be paid by the County under Fla. Stat. § 142.09 * * *." We further said: "Section 142.09 is applicable here under its first provision that: `if the defendant is not convicted * * * the fees of witnesses and officers [and the prosecuting attorney is obviously an officer in the prosecution of the two causes] arising from cri...

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Lunetto v. State, 274 So. 2d 251 (Fla. Dist. Ct. App. 1973).

Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7145

witness were taxable costs under F.S. § 939.06 and § 142.09, F.S.A. In that case the state entered a nolle

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Carr v. Dade Cnty., 250 So. 2d 865 (Fla. 1971).

Published | Supreme Court of Florida | 1971 Fla. LEXIS 3559

fee must be paid by the County under Fla.Stat. § 142.09, F.S. A.,3 just as the costs of the prosecutions

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