CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 433216
...eceiving the assessments collected pursuant to s.
938.23." Section
938.23, Florida Statutes (2003), permits the imposition of such an assessment on a defendant for a violation of chapter 893, Florida Statutes (2003), "pursuant to the requirements of s.
938.21." In turn, section
938.21, Florida Statutes (2003), permits such assessments "if [the court] finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or making restitution....
...consider these factors prior to imposing this discretionary cost and therefore the cost must be stricken from the sentence. See Gunn v. State,
818 So.2d 681 (Fla. 4th DCA 2002). The trial court may again impose this cost if it complies with sections
938.21 and
938.23....
CopyPublished | Florida 6th District Court of Appeal
...Davis argues
that the Judgment and Sentence improperly imposes “Drug Case Fines” of $350
pursuant to section
938.23, Florida Statutes (2021).1 We agree.2
“In addition to any fine imposed . . . under chapter 893 . . . the court shall be
authorized, pursuant to the requirements of s.
938.21, to impose an additional
assessment in an amount up to the amount of the fine authorized for the offense.”
§
938.23(1), Fla....
...“The court is authorized to order
a defendant to pay an additional assessment if it finds that the defendant has the
ability to pay the fine and the additional assessment and will not be prevented
thereby from being rehabilitated or from making restitution.” §
938.21, Fla. Stat.
(2021) (emphasis added).
Here, the trial court did not make the finding required by section
938.21 that
was necessary to impose an additional assessment pursuant to section
938.23.
Therefore, the trial court erred by ordering Davis to pay “Drug Case Fines” of
$350.
1
This was in addition to the mandatory...
CopyPublished | Florida 4th District Court of Appeal
...factual findings.
286 So. 3d at 300. There are no discretionary costs provided
by section
938.05(1), and the two cases cited for support of the “may reimpose
6
(4) Drug Trust Fund assessment of $125. Pursuant to section
938.21,
Florida Statutes (2019), the trial court may assess a cost against a
convicted defendant for an alcohol or drug program as provided in section
893.165, Florida Statutes....
...“The court is authorized to order a defendant
to pay an additional assessment if it finds that the defendant has the
ability to pay the fine and the additional assessment and will not be
prevented thereby from being rehabilitated or from making restitution.” §
938.21, Fla....
...to the $125 Drug Trust Fund assessment being stricken but requests an
opportunity on remand to establish this “additional assessment.” In
accord with Ingalls, we are compelled to “reverse and remand for the trial
court to consider the factors recited in section 938.21 ....
...by the trial court upon a defendant without having been
requested or properly supported at sentencing?
(2) Is the State entitled to a second opportunity to establish
discretionary Drug Trust Fund fees and costs established by
section 938.21, Florida Statutes, that were imposed by the
trial court upon a defendant without having been requested
or properly supported at sentencing?
8
Conclusio...
CopyPublished | Florida 4th District Court of Appeal
...The trial court did not make the required finding that the appellant had
the ability to pay the cost, and the plea agreement did not provide for this
particular cost. 1 The state concedes error. We reverse and remand for the
trial court to consider the factors recited in section 938.21, Florida
Statutes (2017)....
CopyPublished | Florida 4th District Court of Appeal
...Moreover, “[t]he court is authorized
5
to order a defendant to pay an additional assessment if it finds that the
defendant has the ability to pay the fine and the additional assessment
and will not be prevented thereby from being rehabilitated or from making
restitution.” § 938.21, Fla....
