CopyCited 105 times | Published | Florida 2nd District Court of Appeal | 1995 WL 65502
...A cost of $3 is mandatory for the Criminal Justice Trust Fund unless certain civil penalties provided in section
318.18, relating to traffic infractions, are imposed. This rare exception does not prevent this cost from being mandatory in circuit court. § 960.25, Fla. Stat. (1991); see also §
775.0835(2), Fla....
...t, to assess a cost. Because the statute is permissive, does not mandate action by the court, and is dependent upon the locality of the offense, this item must be treated as a discretionary cost. Watson v. State,
647 So.2d 245 (Fla. 2d DCA 1994). §
775.0835(1) Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5588, 2010 WL 1692535
...On remand, the trial court must advise appellant of her right to contest any lien imposed for public defender fees. Fla. R.Crim. P. 3.720(d)(1); Hayes v. State,
25 So.3d 683, 684-85 (Fla. 2d DCA 2010). We also reverse the trial court's imposition of two optional $500 fines under section
775.0835 for causing injury to another. Section
775.0835(1) requires the court to find "that the defendant has the present ability to pay the fine." The trial court made no such finding, so the imposition of these fines was error....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...____ $3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). ____ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ____ A fine in the sum of $ ____ pursuant to section
775.0835, Florida Statutes....
CopyCited 7 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629
...____ $ 3.00 as a court cost pursuant to section
943.25(3)938.01, Florida Statutes (Criminal Justice Trust Fund). ____ $ 2.00 as a court cost pursuant to section
943.25(13)938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties). ____ A fine in the sum of $___ pursuant to section
775.0835, Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Gen., Tallahassee, and Lydia M. Valenti and Richard G. Bartmon, Asst. Attys. Gen., West Palm Beach, for appellee. PER CURIAM. DeLaPaz was convicted of possession of cannabis in an amount exceeding 20 grams, sentenced to five years imprisonment and fined $5,000 under section 775.0835, Florida Statutes (1983)....
...Accordingly, we affirm the trial court's denial of DeLaPaz's motion to suppress. [1] We have reviewed the other alleged errors argued in this appeal and find them meritless. The conviction and sentence are therefore affirmed. However, we strike the $5,000 fine imposed against DeLaPaz under section 775.0835, Florida Statutes (1983), because that statute authorizes a fine only where a person *447 is convicted of a crime resulting in death or injury to another person....
CopyCited 3 times | Published | Supreme Court of Florida
...[] The Defendant is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S.
943.25(8). (This provision is optional; not applicable unless checked). (Check if Applicable) [] The Defendant is further ordered to pay a fine in the sum of $ __________________ pursuant to F.S.
775.0835....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 675034
...On remand, the state may seek reimposition of this cost under section
943.25(13) if it is properly announced. See Reyes,
655 So.2d at 117. The trial court imposed a fine of $2000 and an additional 5% surcharge. No statute was cited when the fine was announced, but the written judgment cited section
775.0835 for the fine and section 960.25 for the surcharge. Section
775.0835 authorizes additional fines when a defendant is convicted of a felony that resulted in the injury or death of another person....
CopyCited 1 times | Published | Supreme Court of Florida
...8.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Appellant pled nolo contendere to a first degree felony charge of possession of a controlled substance. Subsequent to the adjudication of guilt, the trial court entered a written judgment which, inter alia, ordered appellant to pay a $5,000.00 fine pursuant to section 775.0835, Florida Statutes (1981)....
...Because appellant entered a plea of nolo contendere to a felony which did not result in the personal injury or death of another person, the court was not authorized under the statute to order such a fine. Accordingly, we strike the $5,000.00 fine imposed pursuant to section 775.0835....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
..._ $3.00 as a court cost pursuant to section
938.01, Florida Statutes (Criminal Justice Trust Fund). _ $2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties). _ A fíne in the sum of $_pursu-ant to section
775.0835, Florida Statutes....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103
...___ $3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). ___ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ___ A fine in the sum of $___ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 14599, 2000 WL 1671196
PER CURIAM. William Labarbara appeals from the $1,050 fine imposed upon him under section 775.0835, Florida Statutes (1997)....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
..._$3.00 as a court cost pursuant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fund). _$2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). _A fíne in the sum of $_pursuant to section
775.0835, Florida Statutes....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901
...ant to section
943.25(3), Florida Statutes (Criminal Justice Trust Fundh __ $2.00 as a court cost pursuant to section
943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties). ___ A fine in the sum of $_^_ pursuant to section
775.0835, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1569, 1991 WL 24856
...We disagree with the defendant’s contention that his probationary split sentence of twelve years imprisonment followed by three years probation was improper. See Poore v. State,
531 So.2d 161 (Fla.1988). In case number 89-276, we strike the fine imposed pursuant to section
775.0835, Florida Statutes (1987), because there was no showing of the statutory requirement that the offenses involved resulted in the injury or death to the victim....
CopyPublished | Florida 4th District Court of Appeal
that the additional $151 amount is supported by §
775.0835(1), which allows the trial court to levy an optional
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 13620
PER- CURIAM. Zaffarese was convicted of possession of cannabis in an amount exceeding 20 grams under section
893.13(l)(e), Florida Statutes (1983). He was sentenced to five years in prison and ordered to pay a $5,000 fine pursuant to section
775.0835, Florida Statutes (1983). We find the various points on appeal to be without merit and therefore affirm the conviction and sentence of incarceration. However, we strike the fine imposed under section
775.0835, as that statute applies only when a person is convicted of a crime resulting in death or injury to another person....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19808
...yment to the Crimes Compensation Trust Fund against Wright, who previously had been adjudged partially indigent. Brown v. State,
427 So.2d 271 (Fla. 2d DCA 1983). We also hold that the trial court erred in imposing a $10.00 fine against Wright under section
775.0835, Florida Statutes (1981). We note that the record contains no finding by the court that Wright has the present ability to pay this fine or that its imposition will not cause his dependents to be dependent upon public welfare. Section
775.0835 requires such a finding before this optional fine can be imposed....
CopyPublished | Supreme Court of Florida
...8.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 63, 1997 WL 4532
...(3) $290 additional costs pursuant to section 27.3455(1), Florida Statutes (1993). That statute mandates a statutory amount of $200, therefore, under Reyes , no oral pronouncement is required. However, we strike the additional $90. (4) $300 fine pursuant to section 775.0835, Florida Statutes (1993)....
CopyPublished | Supreme Court of Florida
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 364, 1992 WL 5346
PER CURIAM. Howell appeals the sentence imposed after conviction for grand theft, a third degree felony. The judgment and sentence form indicates that a $5,000 fine was imposed pursuant to section 775.0835, Florida Statutes (1989)....
...This section allows the court to impose a fine, not to exceed $10,-000, upon conviction of a felony or misdemeanor which resulted in the injury or death of another person. Howell argues correctly that the evidence at trial did not demonstrate any injury or death as required by section 775.0835....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12040
...gainst him: court costs of $500; $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund); $2 pursuant to section 943.-25(4) (Law Enforcement Training and Correctional Officer Training Trust Fund); and $10 pursuant to section 775.0835 (optional fine for Crimes Compensation Trust Fund)....
...The trial court also erred in imposing the $500 court costs against King since he had been adjudged insolvent. Cox v. State,
334 So.2d 568 (Fla.1976); Brown v. State,
427 So.2d 271 (Fla. 2d DCA 1983). Accordingly, the assessment of this cost is stricken. Finally, we address the fine assessed under section
775.0835, which authorizes the court to order an optional fine, not to exceed $10,000, payable to the Crimes Compensation Trust Fund....
...Because King was convicted of a felony which did not result in the personal injury or death of another person, the court was not authorized under the statute to order such a fine. Moore v. State,
422 So.2d 1069 (Fla. 2d DCA 1982). Accordingly, we strike the $10 fine imposed pursuant to section
775.0835....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12032
...o is insolvent at the time of sentencing. Therefore, we find no error in the trial court’s assessment of fines and costs against Easterly since, at that time, he was not found to be insolvent. However, we do find that the fine assessed pursuant to section
775.0835, Florida Statutes (1981), was improper, since Easterly was convicted of felonies which did not result in the injury or death of another person. Moore v. State,
422 So.2d 1069 (Fla. 2d DCA 1982). Accordingly, we strike the $20 fine imposed pursuant to section
775.0835....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12031
...Alex Washington Wiggins was convicted of conspiracy to traffic in cannabis and attempted trafficking in cannabis. These are felonies which did not result in the injury or death of another person. Accordingly, we strike the fine of $20 imposed pursuant to section 775.0835, Florida Statutes (1981)....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12035
SCHEB, Judge. Edward Lynn Riblett was convicted of conspiracy to traffic in cannabis. This is a felony which did not result in the injury or death of another person. Accordingly, we *1112 strike the fine of $10 imposed pursuant to section 775.0835, Florida Statutes (1981)....
CopyPublished | Supreme Court of Florida
...38.01, Florida Statutes (Criminal Justice
Trust Fund).
$2.00 as a court cost pursuant to section
938.15, Florida Statutes (Criminal Justice
Education by Municipalities and Counties).
A fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11994, 1993 WL 496043
...ndant to plead guilty or nolo contendere. Section 27.-3455(2), Fla.Stat. (1991). There was no reference to these additional costs in the plea agreement, therefore, they should be stricken in both eases. *591 The fine of $1,000.00 imposed pursuant to section 775.0835, Florida Statutes (1991), must also be stricken in case 92-058....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...S., consist since these sections were amended by Ch. 77-452 , Laws of Florida? SUMMARY: The amendments to ss.
142.01 142.03 , F. S., by Ch. 77-452 , Laws of Florida, operate to exclude from the fine and forfeiture fund only those additional fines imposed under s.
775.0835 (1), F. S., which fines are required by s. 3 of Ch. 77-452 (s.
775.0835 [1]) to be deposited in the Crimes Compensation Trust Fund created and established by s....
...— There shall be in every county of this state a separate fund to be known as the fine and forfeiture fund. Said fund shall consist of all fines and forfeitures collected in the county under the penal laws of the state, except those fines imposed under s. 775.0835 (1) ; all costs refunded to the county; all funds arising from the hire or other disposition of convicts; and the proceeds of any special tax that may be levied by the county commissioners for expenses of criminal prosecutions....
...chapter.
142.03 Disposition of fines, forfeitures, and civil penalties; reports. — Except as to fines, forfeitures, and civil penalties collected in cases involving violations of municipal ordinances . . . and except as to fines imposed under s.
775.0835 (1) , all fines imposed under the penal laws of this state in all other cases . . . shall be paid into the fine and forfeiture fund. . . . (Emphasis supplied.) Section
775.0835 (1), added by Ch....
.... . . .' Section
142.01 , F. S. 1975. The question you pose is whether the addition of the exception proviso excludes from the fine and forfeiture fund all the items which follow the word `except' or only the fines imposed pursuant to newly created s.
775.0835 (1). The effect of the first alternative would be to include within the fund only those fines and forfeitures collected in the county pursuant to the penal laws of the state (except those collected under s.
775.0835 [1])....
...sion directing placement of these moneys. Under the second of the alternative constructions, the fine and forfeiture fund would remain totally unchanged, the only effect of the amendment being to exclude from the fund the newly authorized fine under s. 775.0835 (1)....
...S., to provide for fines for crimes compensation.' (Emphasis supplied.) It seems clear that the Legislature intended to and did provide for an exception to those fines and forfeitures required by law to be deposited in the county fine and forfeiture fund, namely the fines for crimes compensation provided for by newly added s. 775.0835 (1), F....
...The amendment in question, as noted, is effected by Ch. 77-452 , Laws of Florida, and is entitled Crimes Compensation Act . Among its several provisions, the act establishes the Crimes Compensation Trust Fund, its moneys earmarked for the purpose of compensating the victims of crime, and creates s. 775.0835 (1), F....
...142.01 or s.
142.03 for disposition or distribution of the moneys which would be excluded from the fine and forfeiture fund if the alternative construction of the proviso were adopted. Consequently, I am of the opinion that only fines collected pursuant to s.
775.0835 (1) can fairly be said to fall within the operative force of the proviso or exception clauses added by Ch....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12826, 1996 WL 710824
...is cost was not made part of the plea agreement as required by section 27.3455(2). We strike the imposition of $2 pursuant to section
943.25(8) as that statute does not authorize the imposition of a fine. We strike the imposition of $300 pursuant to section
775.0835 as that statute allows the imposition of a fine against a defendant who has been convicted of an offense involving death or injury and Frazier was not convicted of such an offense....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7929, 1991 WL 154758
...We vacate the fine and surcharge accompanying the possession conviction. As conceded by the state, that amount was in excess of the legal limit established in section
775.083(l)(c), Florida Statutes (1989). We order that the fine be set at $5,000 with the appropriate five per cent surcharge. See §
775.0835, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1795, 1986 Fla. App. LEXIS 9392
accordingly must be deleted from the judgment. See section
775.0835, Florida Statutes (1985). In all other respects
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19165
...1), and to pay $2 to the Law Enforcement Training and Correctional Officer Training Trust Funds, pursuant to section
943.25(4), Florida Statutes (1981). The court also fined appellant $10 to be paid to the Crimes Compensation Trust Fund, pursuant to section
775.0835, Florida Statutes (1981), under certain circumstances when injury or death results from the crime....
...2d DCA, 1983). Brown was certified to the Florida Supreme Court as involving a question of great importance. Because the offenses to which appellant pleaded nolo contendere did not result in injury or death, it was error to impose the $10 fine under section 775.0835. Accordingly, the judgment and sentence are AFFIRMED; however, the portions of the court’s order requiring appellant to pay costs and fines under sections 960.20, 943.-25(4) and 775.0835 are stricken....
