CopyCited 29 times | Published | Supreme Court of Florida | 2006 WL 1838948
...these surcharges are being imposed. In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation [T]rust Fund....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250783
...these surcharges are being imposed. In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation trust Fund....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2135842
...We disagree with the conclusion reached by the Attorney General's Opinion. A plain reading of section
938.15 grants a county or municipality the authority to assess the $2 for state statute violations that occur within its jurisdiction. Section
938.15 provides that "[i]n addition to the costs provided for in s.
938.01, municipalities and counties may assess an additional $2 for expenditures for criminal justice education . . . for their respective officers." (Emphasis added.) The "costs provided for" in section
938.01 are assessed against "every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance." §
938.01(1). We construe the use of the word "additional" in section
938.15 to mean that where a municipality or county has chosen to make the $2 assessment, it shall be an additional cost in every case where the costs provided for by
938.01 have been authorized, which includes violations of state statutes....
CopyCited 1 times | Published | Supreme Court of Florida
... CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2144, 2009 WL 593153
...costs were improperly imposed. Section
938.15 authorizes both municipalities and counties to assess a cost of $2.00 “for expenditures for criminal justice education degree programs and training courses”: In addition to the costs provided for in s.
938.01,[:|:] municipalities and counties may assess an additional $2 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support...
...the statute: A plain reading of section
938.15 grants a county or municipality the authority to assess the $2 for state statute violations that occur within its jurisdiction. Section
938.15 provides that “[i]n addition to the costs provided for in s.
938.01, municipalities and counties may assess an additional $2 for expenditures for criminal justice education ... for their respective officers.” (Emphasis added.) The “costs provided for” in section
938.01 are assessed against “every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance.” §
938.01(1). We construe the use of the word “additional” in section
938.15 to mean that where a municipality or county has chosen to make the $2 assessment, it shall be an additional cost in every case where the costs provided for by
938.01 have been authorized, which includes violations of state statutes....
...ce .... ”). The Attorney General’s restrictive reading of the statute is based on the following reasoning: [T]he Legislature has recognized that funds collected pursuant to section
938.15, Florida Statutes, are in addition to those imposed under section
938.01, Florida Statutes, and such funds fall outside the appropriation requirements for funds collected under section
938.01. The plain language of section
938.15 authorizes municipalities and counties to assess the additional costs to be used for criminal justice education degree programs and training courses. Moreover, the recognition in section
938.01(1) that assessments are collected from individuals convicted for violation of municipal or county ordinance would logically suggest that municipalities and counties are authorized to assess the additional cost in section
938.15 only fo...
...son. Applying the “tipsy coachman” rule, the denial of the relief requested in Mr. Edney’s motion to correct sentencing error should be affirmed. See Robertson v. State,
829 So.2d 901, 906 (Fla.2002). Affirmed. DAVIS and PADOVANO, JJ., concur. Section
938.01 provides, in pertinent part: All courts created by Art....
...V of the State Constitution shall, in addition to any fine or other penalty, require every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance to pay $3 as a court cost. § 938.01(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475
...these surcharges are being imposed. In addition to Part II, Chapter 938 contains Part I, Mandatory Costs in All Cases. For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section
938.01 imposes a $3.00 court cost and section
938.03 imposes $50.00 as an additional cost for the violation of any criminal law, for the benefit of the Crimes Compensation [T]rust Fund....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 18401, 34 Fla. L. Weekly Fed. D 2486
...Parnes, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. Lacrecia Amanda White seeks review of an order withholding adjudication, placing her on probation, and imposing certain *158 costs. We affirm except for two imposed costs. The trial court assessed costs of $3 under section
938.01 and $2 under section
938.15, Florida Statutes (2007)....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
...ges, Costs, and Fees. [[Image here]] CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: _ $50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust Fund). _ $3.00 as a court cost pursuant to section
938.01, Florida Statutes (Criminal Justice Trust Fund)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...There is also a flat $3 assessment in every case that is remitted to the
Department of Revenue for further distribution in specified percentages for, among
other things, a domestic violence program and a law-enforcement training fund. See
Jones II,
2020 WL 2618062, at *4; Fla. Stat. §
938.01(1).
As the district court found, Florida has chosen to pay for its criminal-justice
system in significant measure through fees routinely assessed against its criminal
defendants....
...in various trust funds to generate revenue for court-related functions, and that the
excess be remitted to the Florida Department of Revenue to fund other areas of state
government. See Fla. Stat. §§
28.37(3),
213.131,
215.20,
142.01,
960.21.
For example, Fla. Stat. §
938.01(1) requires felons to pay $3 as a court cost,
and that sum is remitted to the Department of Revenue for, among other things, a
domestic violence program and a law-enforcement training fund....
CopyPublished | Court of Appeals for the Eleventh Circuit
...There is also a flat $3 assessment in every case that is remitted to the
Department of Revenue for further distribution in specified percentages for, among
other things, a domestic violence program and a law-enforcement training fund. See
Jones II,
2020 WL 2618062, at *4; Fla. Stat. §
938.01(1).
As the district court found, Florida has chosen to pay for its criminal-justice
system in significant measure through fees routinely assessed against its criminal
defendants....
...in various trust funds to generate revenue for court-related functions, and that the
excess be remitted to the Florida Department of Revenue to fund other areas of state
government. See Fla. Stat. §§
28.37(3),
213.131,
215.20,
142.01,
960.21.
For example, Fla. Stat. §
938.01(1) requires felons to pay $3 as a court cost,
and that sum is remitted to the Department of Revenue for, among other things, a
domestic violence program and a law-enforcement training fund....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal
...evidentiary hearing on Mr. Murphy's claim and for the court to then resentence Mr.
Murphy if necessary. See Lyons v. State,
823 So. 2d 250, 251 (Fla. 4th DCA 2002).
It also appears that the trial court erroneously combined a $151 fine
authorized under section
938.01, Florida Statutes (2017), with $550 in felony court
costs, for a total of $701 which the trial court erroneously labeled as a single fine for
-2-
crimes against a minor....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...aw committed within a municipality as authorized in sections
34.191 and
142.03 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section
943.25 (3), Fla. Stat., was renumbered as subsection 1, amended and transferred to s.
938.01 , Fla....
...ll be forwarded to the Treasurer as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles." Section 938.01 (1)(a), Fla....
...t Clearing Trust Fund and earmarked for distribution to the Criminal Justice Standards and Training Trust Fund and the Operating Trust Fund. 2 See, Ops. Att'y Gen. Fla. 74-137 (1974), 73-203 (1973), and 73-201 (1973). 3 See, ss.
316.660 ,
318.21 and
938.01 , Fla....
CopyPublished | Supreme Court of Florida
...CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 10523
...filed a motion to correct disposition errors pursuant to Florida Rule of Juvenile Procedure 8.135. At the hearing on the motion, the trial judge made the following pronouncement: [T]he Court will re-impose $165 and specify that those costs came from the mandatory court costs in
938.01, which is the clearing trust fund, $3, crimes compensation trust fund of
938.03 in the amount of $50, the additional court costs for felonies,
938.05, in the amount of $112, for a total of $165. On appeal, C.S. argues that the trial court erred in imposing costs pursuant to sections
938.01 and
938.05, Florida Statutes (2005)....
...venile delinquency proceedings). In V.K.E., the supreme court reasoned that an adult sanction, cost, or surcharge is not applicable in a juvenile delinquency proceeding unless the relevant statute expressly states otherwise. Id. Like section
938.05, section
938.01 makes no mention of juvenile delinquency proceedings. Therefore, both the $3 surcharge imposed pursuant to section
938.01 and the $112 cost imposed pursuant to section
938.05 should be stricken....
...Nothing in the record demonstrates the court imposed this cost as a term of probation. Accordingly, we affirm the adjudication of delinquency as well as the $50 cost imposed pursuant to section
938.03. We reverse and remand with instructions that the trial court strike the costs imposed pursuant to sections
938.01 and
938.05....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 2697249
...filed a motion to correct disposition errors pursuant to Florida Rule of Juvenile Procedure 8.135. At the hearing on the motion, the trial judge made the following pronouncement: [T]he Court will re-impose $165 and specify that those costs came from the mandatory court costs in
938.01, which is the clearing trust fund, $3, crimes compensation trust fund of
938.03 in the amount of $50, the additional court costs for felonies,
938.05, in the amount of $112, for a total of $165. On appeal, C.S. argues that the trial court erred in imposing costs pursuant to sections
938.01 and
938.05, Florida Statutes (2005)....
...venile delinquency proceedings). In V.K.E., the supreme court reasoned that an adult sanction, cost, or surcharge is not applicable in a juvenile delinquency proceeding unless the relevant statute expressly states otherwise. Id. Like section
938.05, section
938.01 makes no mention of juvenile delinquency proceedings. Therefore, both the $3 surcharge imposed pursuant to section
938.01 and the $112 cost imposed pursuant to section
938.05 should be stricken....
...Nothing in the record demonstrates the court imposed this cost as a term of probation. Accordingly, we affirm the adjudication of delinquency as well as the $50 cost imposed pursuant to section
938.03. We reverse and remand with instructions that the trial court strike the costs imposed pursuant to sections
938.01 and
938.05....
CopyPublished | Supreme Court of Florida
...CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Supreme Court of Florida
...CHARGES/COSTS/FEES
The defendant is hereby ordered to pay the following sums if checked:
$50.00 pursuant to section
938.03, Florida Statutes (Crimes Compensation Trust
Fund).
$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 fine in the sum of $ pursuant to section
775.0835, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5189, 2011 WL 1377065
...He argues that because the costs were imposed without proper statutory authority, they must be stricken. See Perdue v. State,
17 So.3d 1283 (Fla. 2d DCA 2009). We agree. The correct statutory authorities are as follows: 1) Section
938.03, Florida Statutes (2007), Crimes Compensation Trust Fund; 2) Section
938.01(1), Additional Court Cost Clearing Trust Fund; 3) Section
938.15, Criminal Justice Education for Local Government; 4) Section
938.05(l)(a), Additional Court Costs for Felonies; 5) Section
938.27(1), Judgment for Costs on Conviction; (i...
