Florida/Georgia Personal Injury & Workers Compensation

...EN BANC ALTENBERND, Judge. Dennis Wayne Waller appeals his judgment and sentence for attempted capital sexual battery. We affirm his conviction without further comment. We also affirm the assessment of the $2 criminal justice education cost imposed pursuant to section 938.15, Florida Statutes (2002), because it is now a mandatory cost in Pasco County that the trial court properly imposed without an oral pronouncement and without making a determination of ability to pay....

...After Reyes, this court reiterated the fact that Reyes was written to apply to the "then-existing legislative framework for costs." Cook v. State, 896 So.2d 870, 873 (Fla. 2d DCA 2005). In 1997, the legislature renumbered and relocated section 943.25(13). Section 943.25(13) was changed to section 938.15 and relocated from chapter 943, the "Department of Law Enforcement Act," to part III of the court costs statute, which is entitled, "Mandatory Court Costs Authorized By Local Governmental Entities." Ch. 97-271, Laws of Fla.; § 938.15, Fla. Stat. (1997). The language of the statute did not substantially change, as it still provides that "municipalities and counties may assess an additional $2 for expenditures for criminal justice education degree programs and training courses." § 938.15....

...etermination of ability to pay once it has been established by the appropriate local government. [1] We therefore recede from all cases issued by this court under the new statute to the extent that they have held that the $2 cost imposed pursuant to section 938.15 is a discretionary cost....

...Accordingly, we decline to address it at this time. [2] Several other cases hold that the $2 cost is discretionary and strike its imposition without disclosing the statute under which the cost was imposed. If these cases involved a $2 cost imposed under section 938.15, they are no longer reliable precedent....

...If he files such an objection, the court shall hold a hearing. If Miller fails to timely file an objection, the court may reimpose the public defender's fee without a hearing. Finally, we affirm the $2 cost for criminal justice education imposed pursuant to section 938.15, Florida Statutes (2002)....

...Costs may not be imposed where the authorizing statutes were enacted after the date of the offense. See Hayden v. State, 753 So.2d 720, 721 (Fla. 2d DCA 2000). We therefore strike the costs imposed pursuant to sections 938.085 and 939.185. Finally, we address Cutwright's argument that a $2 cost imposed pursuant to section 938.15, Florida Statutes (2003), should be stricken because the trial court failed to cite the county ordinance authorizing the imposition of the cost and because the cost can only be imposed for violation of a county or municipal ordinance and not for violation of a state statute. The cost order cited section 938.15 and referenced "Criminal Justice Education by Municipalities and Counties." In a similar case, this court held that reference to a statute or description of the fund for which the assessment was made was sufficient....

...See Ayoub v. State, 901 So.2d 311, 314-15 (Fla. 2d DCA 2005). We therefore hold that the statutory reference and description was adequate for purposes of imposing the cost in this case. This court has also held that the cost can be imposed pursuant to section 938.15 for violations of a state statute as well as for violations of a county or municipal ordinance....

...the trial court to strike the $20 assessment for the Crime Stoppers Trust Fund. In two motions filed pursuant to Florida Rule of Criminal Procedure 3.800(b), Kimball challenged the $2 assessment for the Criminal Justice Education Fund, authorized by section 938.15, Florida Statutes (2004), and the $20 assessment for the Crime Stoppers Trust Fund, authorized by section 938.06....

...wn ordinances. Thus, a county or municipality has no authority to assess the cost for the violation of a state statute that occurs within its jurisdiction. 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....

...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....

...As a practical matter, if the $2 assessment were limited to *1287 convictions for violations of municipal or county ordinances, it is doubtful that the assessment would produce enough revenue to fund "criminal justice education degree programs and training courses." § 938.15....

...We strike the $330 investigation and prosecution cost from the written order because the State failed to provide documentation of this requested amount. See Daniels v. State, 656 So.2d 251 (Fla. 1st DCA 1995); § 938.27(1), Fla. Stat. The $2 discretionary cost imposed pursuant to section 938.15, Florida Statutes, is also stricken because it cannot be imposed without Appellant receiving notice and an opportunity to be heard....

...We also affirm his sentences with the exception of the $100 cost imposed pursuant to section 938.25, Florida Statutes (2003), which we reverse. In the motion to correct sentencing error, Glover claimed that the $2 criminal justice education fee authorized by section 938.15, Florida Statutes (2003), was not a mandatory cost and was improperly imposed....

...This court has recently concluded *847 that the $2 fee is a mandatory cost. See Waller v. State, 911 So.2d 226, 227-28 (Fla. 2d DCA 2005) (en banc). Highlands County has established the "Sheriff's Law Enforcement Education Trust Fund" which is funded in part by the mandatory $2 court cost imposed pursuant to section 938.15....

...Eddie Giles appeals from his judgment and sentence for possession of cocaine and obstructing or opposing a police officer. We affirm his judgment and sentence without discussion but strike certain costs and fees. Giles contests a fee of $2 imposed pursuant to section 938.15, Florida Statutes (1999), a $150 court facility fee, and a $100 fee for the public defender's services....

...$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....

...We affirm Charles Robinson's convictions and sentences for burglary of a dwelling and petit theft but reverse the imposition of the following discretionary costs and fines in the final judgment: (1) $2 for Criminal Justice Education by Municipalities and Counties pursuant to section 938.15, Florida Statutes (2002); (2) $150 for County Maintenance Fund pursuant to 939.18, Florida Statutes (2002); and (3) fines of $200 for burglary and $100 for petit theft pursuant to section 773.083, Florida Statutes (2002)....

...Daryl Edney appeals his conviction for sexual battery on a child less than 12 years of age by a defendant 18 years of age or older, and the life sentence without the possibility of parole he received as a result. We affirm the conviction and life sentence. We write only to address imposition of costs pursuant to section 938.15, Florida Statutes (2006), which appellant also challenges. Below Mr. Edney filed a motion to correct sentencing error pursuant to Rule 3.800(b)(2), Florida Rules of Criminal Procedure (2007), which alleged that the trial court erred by imposing costs pursuant to section 938.15....

...The trial court declined to rescind the cost awards and denied the motion pro tanto, finding that “the record does not show any costs associated with this particular statute....” On appeal, the State also takes the position that no costs were imposed pursuant to section 938.15. A review of the record belies the trial court’s conclusion, which the State’s brief echoes. The judgment states that Mr. Ed-ney “is liable for and shall pay the following: ... $2.00 as a court cost pursuant to § 938.15, F.S. (County Criminal Justice Education) ... [and] $2.00 as a court cost pursuant to § 938.15, F.S. (City Criminal Justice Education).” The judgment also states the sum of all costs and fines imposed — $2,535—which includes both $2.00 cost awards at issue here. The record clearly demonstrates that costs were imposed pursuant to section 938.15. Because Mr. Edney preserved the point with his Rule 3.800(b)(2) motion, we now consider his contention that the 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....

...ng, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the commission, for local funding. *1283 § 938.15, Fla....

...(2006). Where a county or a municipality or both have made assessment(s), it falls to the state court judge actually to impose the cost(s) in a particular case. In Kimball v. State, 933 So.2d 1285, 1286 (Fla. 2d DCA 2006), the Second District interpreted section 938.15 to apply to all criminal convictions and all violations of county and municipal codes, giving effect to the plain language of 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....

...� 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....

...opt this analysis. The Attorney General has construed the statutory provision differently to apply to violations of county or municipal ordinances alone. See Op. Att’y Gen. Fla. 02-10 (2002) (“[I]t is my opinion that the assessment authorized in section 938.15, Florida Statutes, is payable to the county or municipality by an individual who has been convicted of a violation of the respective county or municipal ordinance .... ”). 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 for violations in their respective jurisdictions and for violations of their respective ordinances....

...icipal ordinances committed within a municipality within the jurisdiction of the county court, are paid to the county or municipality respectively. Moreover, the district court in Reyes v. State based its conclusion that the assessment allowed under section 938.15, Florida Statutes, is discretionary on the finding that “the *1284 statue [sic] is permissive, does not mandate action by the court, and is dependent upon the locality of the offense [.]” (e.s.) Nothing in section 938.15 evidences an intent that a county and municipalities located therein may each impose an assessment regardless of the location of the offense or the statute or ordinance violated....

...As a practical matter, if the $2 assessment were limited to convictions for violations of municipal or county ordinances, it is doubtful that the assessment would produce enough revenue to fund “criminal justice education degree programs and training courses.” § 938.15. Id. at 1286-87. Giving effect to the plain language of the statute, as we must, see, e.g., Atlantis at Perdido Ass’n, Inc. v. Warner, 932 So.2d 1206, 1212-13 (Fla. 1st DCA 2006), we agree that “[a] plain reading of section 938.15 grants a county or municipality the authority to assess the $2 [eost(s) ] for state statute violations that occur within its jurisdiction.” Kimball, 933 So.2d at 1286 . The plain language of section 938.15 does not limit its reach to violations of county and municipal ordinances. In denying Mr. Edney’s motion to correct sentencing error on grounds no costs were imposed pursuant to section 938.15, the trial court reached the right result for the wrong reason....

...atutory authority is not directly found in a statute or a rule of procedure. At least to a large extent, this requirement can be traced to the en banc decision of this court in Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) superseded, by statute, § 938.15, Fla....

...error in the trial court under Florida Rule of Criminal Procedure 3.800(b)(2), raising three grounds. First, Appellant argued the monetary obligations order should be modified to either identify the applicable county ordinance for the $2 cost imposed under section 938.15, Florida Statutes, or to otherwise strike the cost....

...ity or documentation; (4) $263 cost imposed for the cost of investigation, which must be stricken pursuant to Gonse v. State, 713 So.2d 1114 (Fla. 2d DCA 1998), and Reyes, 655 So.2d 111, for lack of documentation; and (5) $2 cost imposed pursuant to section 938.15, which must be stricken pursuant to Giles v....

...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)....

...Here, the trial court withheld adjudication. Accordingly, these two cost items cannot stand. See Reyes v. State, 655 So.2d 111, 118 (Fla. 2d DCA 1995) (striking costs imposed upon withhold of adjudication under statute that authorized imposition only upon conviction), superseded by statute, § 938.15, Fla....

...We conclude that the search warrant was properly issued and that the trial court correctly denied Mr. Spells’ motion to suppress. Accordingly, we affirm Mr. Spells’ judgments and sentences. In a separate issue, Mr. Spells argues that a $2 cost item assessed in accordance with section 938.15, Florida Statutes (2004), should be stricken because it may be assessed only for a violation of a county or municipal ordinance....

...738, 87 (1967), Matthew Spiro challenges his judgment and sentence following a negotiated plea of nolo contendere and raises several issues for review, including whether the trial court erred in denying Mr. Spiro’s motion to correct sentencing error wherein he alleged that a $2 cost could not be imposed pursuant to section 938.15, Florida Statutes, without citation to the enacting ordinance....

...is citation to authority in the record or when the basis for each cost is otherwise evident in the record.” King, 375 So. 3d at 395. Here, the record, specifically the plea form, identifies Polk County Code 2.203 as the local authority for the cost imposed pursuant to section 938.15....

...ollowing 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)....

...ceed $50 statutory minimum). Section 318.18(18) provides for a $12.50 administrative fee, but it only applies with respect to noncriminal violations, and is thus inapposite to Appellant’s DUI conviction. The final remaining listed provision, section 938.15, provides for a $2 assessment for criminal justice education....

...procedures (i.e., citation to the controlling statutes and/or local ordinances). See Snowden, 685 So. 2d at 975. The third sentencing error lies in the $30 State facilities surcharge imposed as to Count 3 under section 318.18(13)(a)1., Florida Statutes. Like section 938.15, this surcharge requires adoption by local government ordinance....

13(11)(b)(2), Florida Statutes, and the $2 cost under section 938.15, Florida Statutes. Considering Appellant’s

Chief C.E. Sharrett, Jr. Plantation Chief of Police 451 Northwest 70th Terrace Plantation, Florida 33317 Dear Chief Sharrett: You ask substantially the following question: May a law enforcement agency use the funds collected pursuant to section 938.15 , Florida Statutes, to pay tuition for a college course, undergraduate or graduate, that specifically pertains to the sworn officer's or support personnel's function? In sum: A law enforcement agency may use the funds collected pursuant to section 938.15 , Florida Statutes, only for courses that relate directly to criminal justice education and training courses; such funds may not be used to fund courses unrelated to criminal justice except in those instances where completion of such course is a requirement for successful completion of a criminal justice degree program. Section 938.15 , Florida Statutes, provides in pertinent part: "In addition to the costs provided for in s....

...costs and to assist the judiciary and others in identifying and locating the applicable laws relating to court costs. 2 This office in Attorney General Opinion 93-50 considered the provisions of then section 943.25 (13), Florida Statutes (1993) (now section 938.15 , Florida Statutes), stating that the statute, by its terms, specifically applies to training and degree programs and courses that relate to "criminal justice education." As noted therein, it is a fundamental rule of statutory construction that words in a statute are to be given their plain and ordinary meaning....

...rcement officers, except in those instances where completion of general education courses is a requirement for successful completion of a criminal justice degree program. As noted above, while section 943.25 (13), Florida Statutes, was renumbered as section 938.15 , Florida Statutes, the language contained in both provisions is virtually the same. The conclusions reached in the earlier Attorney General Opinion would therefore appear to be equally applicable to the interpretation of section 938.15 . Thus, section 938.15 would appear to limit the expenditure of funds collected under its provisions to courses directly related to criminal justice education and training courses....

...Such monies may not be used to fund general education for law enforcement officers or support personnel, except in those instances where completion of general education courses is a requirement for successful completion of a criminal justice degree program. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 938.15 , Fla....

...requirements of this subsection and with other applicable procedures. 2 See, s. 1, Ch. 97-271, Laws of Florida; Senate Staff Analysis and Economic Impact Statement on SB 388, dated April 15, 1997 ("Current section 943.25 (13), F.S., is renumbered as section 938.15 , F.S....

...2000) (one of the most fundamental tenets of statutory construction requires that court give a statutory term its plain and ordinary meaning); Green v. State , 604 So.2d 471 , 473 (Fla. 1992). 4 As noted in n. 2, supra , s. 1, Ch. 97-271, Laws of Florida, renumbered s. 943.25 (13), Fla. Stat. 1995, as s. 938.15 , Fla....

...$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....

$2 criminal justice education fund fee under section 938.15, Florida Statutes (2003), is a discretionary

...Meier’s conviction, sentence of five years’ prison followed by five years’ sex offender proba *1279 tion, and sexual predator designation. We address the challenged costs. Mr. Meier challenges the following costs: (1) the $2 criminal justice education fund cost pursuant to section 938.15, Florida Statutes (2001); (2) the $3 juvenile assessment center cost pursuant to section 938.17, Florida Statutes (2001); (3) the $150 court facility fee pursuant to section 939.18, Florida Statutes (2001); and (4) the $800 public defender fee pursuant to section 938.29, Florida Statutes (2001)....

PER CURIAM. Appellant’s convictions for home-invasion robbery and simple battery are affirmed. The imposition of a $2 cost under section 938.15, Florida Statutes (1997), is reversed, however, because the court failed to announce this discretionary cost at sentencing....

...The trial court improperly imposed the following discretionary costs without oral pronouncement and citation of authority in the two cases referenced by Parham’s rule 3.800(b)(2) motion: $2.00 for the Criminal Justice Education by Municipalities and Counties pursuant to section 938.15, Florida Statutes (2003); a $150 court facility fee pursuant to section 939.18; and a $22 fine pursuant to section 775.083....

...In its order of May 2, 2005, the trial court also ordered the clerk of the circuit *614 court to file an amended uniform costs order to reflect the striking of the $150 court cost imposed pursuant to section 939.18, Florida Statutes (2003), and the $2 cost imposed pursuant to section 938.15, Florida Statutes (2003)....

court erred in imposing a $2 cost pursuant to section 938.15, Florida Statutes, without identifying the

...$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....

criminal justice education authorized under section 938.15, Florida Statutes? 2. Who is subject to the

...$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....

...See id. Appellant also contends that the $2 criminal justice education fee assessed as part of the $135 lump-sum fee of “County & Circuit Criminal Standard Court Costs” is not authorized. However, the imposition of the cost as a mandatory fee was lawful pursuant to section 938.15, Florida Statutes (2022), and Palm Beach County Resolution 2004-1502. Section 938.15 provides: “In addition to the costs provided for in s....

...$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....

...We write to explain why we reject her argument that the written cost order is in error because, while the written order contains statutory citations, it does not contain citations to the municipal ordinances authorizing two costs.  Specifically, the trial court imposed a $2 cost, citing section 938.15, Florida Statutes (2021), and a $65 cost, citing section 939.185, Florida Statutes (2021). Section 938.15 provides that: In addition to the costs provided for in s....

...at 1001 (emphasis added) (citation omitted). But then, for reasons not entirely clear to us, the second district announced, in what appears to be dicta, a more technical requirement in Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc), superseded by statute, § 938.15, Fla....

costs associated with section 938.15, Florida Statutes (2018). Section 938.15 states, in relevant part

...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; (includes prosecution/investigative costs); and 6) Section 939.185(...