CopyCited 16 times | Published | Florida 1st District Court of Appeal
...RAWLS, J., and MELVIN, WOODROW M., Associate Judge, concur. NOTES [1] Dresner v. City of Tallahassee (Fla. 1964)
164 So.2d 208. [2] 20 C.J.S. Costs § 435, p. 677. [3] City of Miami v. Gilbert (Fla.App. 1958)
102 So.2d 818; State ex rel. Royal Ins. Co. v. Barrs,
87 Fla. 168,
99 So. 668. [4] F.S. §
939.06, F.S.A....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...ry provisions and no right to or liability for costs exists in the absence of statutory authorization. Wood v. City of Jacksonville,
248 So.2d 176 (Fla.App. 1971); 20 Am.Jur.2d Cost § 108 at 82; 20 C.J.S. Costs § 441 at 687. The appellee relies on Section
939.06, Florida Statutes, F.S.A., for authority to place liability on the county for the costs of depositions sought to be refunded to him....
...s Affirmed. REED, C.J., concurs. MAGER, J., dissents, with opinion. MAGER, Judge (dissenting): I agree with the general proposition of law that the recovery and allowance of costs must rest entirely on the existence of statutory authorization. F.S., Section 939.06, F.S.A....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 83 A.L.R. 2d 860
...The motion to abate is resisted on two grounds: First, that such action might prejudice proceedings said to be pending in the trial court on behalf of appellant's estate to recover costs laid out by her incident to the trial and appeal, as are recoverable under § 939.06, Florida Statutes, F.S.A., where defendant in a criminal prosecution is acquitted or discharged....
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
...terial or specifying other good cause is filed with the court or (B) ordered by the court on a showing that the deposed witness is material or on showing of good cause. This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9, of the Florida Constitution....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...This expense seems more remote than the bail bond premium. Moreover, the towing is as much for the benefit of the person arrested as it is for the public. The petition for writ of certiorari is denied. HOBSON, A.C.J., and BOARDMAN, J., concur. NOTES [1] Fla. Const. art. I, § 19, F.S.A. [2] § 939.06, F.S.A....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...At common law, the right to recovery of costs in a criminal proceeding was unknown. See Warren v. Capuano,
269 So.2d 380 (Fla.4th DCA 1972). It is only by statutory authorization that any right to recover costs exists. See 20 Am.Jur.2d Costs § 100 (1965). Section
939.06, Florida Statutes (1975), specifically provides: "
939.06 Acquitted defendant not liable for costs....
...of, which, when audited and approved according to law, shall be refunded to him by the county." The only way in which the investigative costs could be held to be taxable costs would be for this court to hold that the term "taxable costs," as used in Section 939.06, Florida Statutes (1975) means all reasonable and necessary costs....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...These motions raise several interrelated issues: (1) what is the effect of the appealed order; (2) who is a proper party at this point in the proceeding; and (3) what is the proper procedure to recover costs in a criminal case. The statutes provide the answer. Section 939.06, Florida Statutes (1981), is the operative statute in the instant case and provides: Acquitted defendant not liable for costs....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...The determination of which costs may be taxed has been left to the courts." * * * * * * "There are many expenses which one may incur because he is charged with a crime. Yet, only those items reasonably within the scope of statutory authority are taxable. " (Emphasis supplied) Certainly, Fla. Stat. § 939.06 (1973) establishes a general policy which prohibits the imposition upon an acquitted defendant *789 of any costs or fees of the court or any ministerial office incurred in connection with his prosecution....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...terial or specifying other good cause is filed with the court or (B) ordered by the court on a showing that the deposed witness is material or on showing of good cause. This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9, of the Florida Constitution....
CopyCited 5 times | Published | Supreme Court of Florida | 1993 WL 184570
...defense of this cause." *758 The Board of County Commissioners refused to make payment for investigative costs, Sawyer filed suit, and the circuit court ruled that Sawyer is not entitled to recover. The district court reversed, reasoning that since section 939.06, Florida Statutes (1989), does not define "taxable costs," the term is subject to judicial construction....
...not chargeable with costs, either in civil or criminal cases, unless there was express provision of law to authorize it. Buckman v. Alexander,
24 Fla. 46, 49,
3 So. 817, 818 (1888). Contrary to the district court's finding of ambiguity, we find that section
939.06, Florida Statutes (1989), is unequivocal: No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If he shall have paid any taxable costs in the case, the clerk or judge shall give him a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county. §
939.06, Fla....
...On its face, the statute does not authorize an acquitted defendant to be reimbursed for any additional disbursements. We hold that investigative costs are not taxable costs under the plain language of the statute. Sawyer's mutuality claim is misplaced. Sections 939.01 and 939.06, Florida Statutes (1989), do not provide for mutuality of repayment. Section 939.01 says that a convicted defendant must repay investigation costs to the appropriate law enforcement agency, which may be a city, county, or state agency. [1] Section 939.06, on the other hand, says that the county alone shall reimburse an acquitted defendant for the costs set out in that statute....
...the claim is without support); §
895.07(8), Fla. Stat. (1989) (State may recover investigative costs and attorney's fees for RICO lien notice proceedings). [3] To the extent language in Lillibridge v. City of Miami,
276 So.2d 40, 41 (Fla. 1973) ("[Section
939.06] expresses a general policy of the Legislature that persons acquitted or discharged shall not be liable for costs......
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 522865
...The word "sentenced" appears nowhere else in the statute, which suggests that in this provision the legislature consciously distinguished between prisoners who are serving sentences for criminal convictions and those who are not. This choice of words can be explained by reference to section 939.06, Florida Statutes, which provides a defendant who is acquitted or discharged is *1297 not liable for subsistence charges while detained in custody....
...Had the legislature not restricted the provision regarding the viability of subsistence charges against prisoners' estates to sentenced prisoners only, the estates of persons who died prior to being convicted would be responsible for the subsistence costs of their detention, contrary to the long-standing expressed policy of section 939.06....
...ting what is meant by the term "costs." [4] In order to determine whether the criminal costs provision in Article I, Section 19 of the constitution applies to medical care and subsistence during pretrial detention, it is important to be cognizant of section 939.06, Florida Statutes....
...with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county. (Emphasis added.) The Supreme Court of Florida, in recent decisions, has twice made clear that the "taxable costs" reference found in section 939.06's second sentence is linked to the liability exemption found in the first sentence: Given its plain meaning, the relevant portion of this statute simply says: No acquitted criminal defendant shall be liable for any court costs or court...
...e of the statute. Board of County Commissioners, Pinellas County v. Sawyer,
620 So.2d 757, 758 (Fla. 1993) [5] ; Wolf v. County of Volusia, 22 Fla. L. *1298 Weekly S192, ___ So.2d ___,
1997 WL 182884 (Fla. Apr. 17, 1997). Thus, it appears clear from section
939.06 that for 150 years, Florida law has contemplated that before conviction a prisoner might have to pay fees of the court or of a ministerial office as well as charges for subsistence....
...sue, and remains unaltered, it seems logical to deem that they have always been considered to work in harmony. This being so, it is unlikely that the reference to costs in Article I, Section 19 is a reference to the same such costs as are covered by section 939.06 and .07....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...On July 5, 1974, Holton filed a motion to tax costs listing inter alia $1,000 as the premium on his $10,000 pretrial surety bond. The trial court denied such motion as to the bond premium whereupon Holton appealed. There is authorization under both Art. I, Sec. 19, of the Florida Constitution, and § 939.06, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 192, 1997 Fla. LEXIS 431, 1997 WL 182884
...lf the full amount, but the district court reversed, limiting the award to $924.50 for "witness fees, sheriff expenses, and clerk of the court expenses." Wolf,
672 So.2d at 564. Wolf contends that courts have defined the phrase "taxable costs" under section
939.06, Florida Statutes (1995), to include expenses such as his. He claims that he is entitled to full reimbursement. We disagree. *1034 This case is controlled by Board of County Commissioners v. Sawyer,
620 So.2d 757 (Fla.1993), wherein we pointed out that the meaning of "taxable costs" under section
939.06 is circumscribed....
...not chargeable with costs, either in civil or criminal cases, unless there was express provision of law to authorize it. Buckman v. Alexander,
24 Fla. 46, 49,
3 So. 817, 818 (1888). Contrary to the district court's finding of ambiguity, we find that section
939.06, Florida Statutes (1989), is unequivocal: No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If he shall have paid any taxable costs in the case, the clerk or judge shall give him a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county. §
939.06, Fla.Stat....
...Based on the foregoing, we conclude that the district court properly limited Wolf's reimbursement to "witness fees, sheriff expenses, and clerk of the court expenses." Wolf,
672 So.2d at 564. The remainder of Wolf's expenses are not embraced within the plain meaning of section
939.06, and the trial court was without authority to impute accountability to the county....
...Sawyer,
620 So.2d 757 (Fla.1993), in which we held that a defendant who has been indicted for murder and sexual battery and later discharged by virtue of a nolle prosequi could not recover his investigative costs from Pinellas County. In referring to section
939.06, we stated: Given the plain meaning, the relevant portion of this statute simply says: No acquitted criminal defendant shall be liable for any court costs or court fees of a ministerial government office, or any charges for subsistence...
...The majority now disapproves decisions of the First and Second Districts in Dinauer v. State,
317 So.2d 792 (Fla. 1st DCA 1975), and Powell v. State, *1035
314 So.2d 788 (Fla. 2d DCA 1975). However, our opinion in Sawyer did not refer to Powell, in which the court had construed section
939.06 in conjunction with other statutes to authorize an acquitted nonindigent defendant to recover the reasonable compensation paid to his expert witnesses and the expense of depositions which served a useful purpose in his defense. Nor did our opinion mention Dinauer, which had approved the taxing of the court reporter's fee for depositions by a defendant discharged through a nolle prosequi. Wolf and his supporting amicus curiae argue that our construction of section
939.06 in Sawyer had the effect of repudiating longstanding practices in the taxation of costs in criminal cases....
...a, we have now limited acquitted defendants to the recovery of only "costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody." Upon consideration, I conclude that this Court may have construed section 939.06 too broadly by holding that the taxable costs referred to in the second sentence of that statute were limited to those costs, fees, or charges described in the first sentence. While I do not conclude that there must be mutuality in the taxation of costs between the state and the defendant, I do believe that the analyses set forth in Powell and Dinauer provide a more reasonable interpretation of section 939.06....
CopyCited 4 times | Published | Supreme Court of Florida
...section (6) above include the premium for the bond required by subsection (5). We hold that this premium was intended by the Legislature to be included in the taxable costs. We agree with the District Court of Appeal, First District, that Fla. Stat. § 939.06, F.S.A., expresses a general policy of the Legislature that persons acquitted or discharged shall not be liable for costs incurred in connection with a criminal prosecution....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 180944
...That trial judge entered a somewhat ambiguous order seemingly finding costs were duly incurred but, in any event, inexplicably denied the motion to tax costs. This timely appeal ensued. Addressing the question as to when an accused is entitled to reimbursement of costs and fees, the legislature has provided in section 939.06, Florida Statutes (1989), the following: No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody....
...The court entered a summary judgment which ordered the county to pay certain costs.
269 So.2d at 380-81. The issue on appeal was whether a defendant in criminal court, who had been *410 discharged, was entitled to taxable costs expended for his defense. The court agreed with the defendant that section
939.06, Florida Statutes, placed liability on the county for the costs incurred....
...ith crime shall be compelled to pay costs before a judgment of conviction has become final." Warren,
269 So.2d at 381. Subsequently, the Florida Supreme Court affirmed the Fourth District Court of Appeal's interpretation of article I, section 19 and section
939.06, Florida Statutes....
...In the instant case, the Clarks were charged with certain crimes and approximately one year later after significant discovery had occurred, the state filed a nolle prosequi, thereby discharging the Clarks. Therefore, on the authority of Warren, we hold that the Clarks were discharged for the purposes of section 939.06, Florida Statutes (1989). We further hold that the trial court erred by failing to follow the proper procedure for certification of costs pursuant to section 939.06....
...and the matter to the trial court for further proceedings in accordance with the procedures set forth in Pfeifer, Orange County and chapter 939, Florida Statutes (1989). DANAHY and THREADGILL, JJ., concur. NOTES [1] § 939.01, Fla. Stat. (1989). [2] § 939.06, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...es. City of Pompano Beach, Broward County, Florida, for the use and benefit of the Pompano Beach Police Department,
352 So.2d 138 (Fla. 4th DCA 1977). The court in that case labeled forfeiture proceedings as "quasi-criminal" in nature and found that section
939.06, Florida Statutes (1975), authority for an award of costs to an acquitted or discharged criminal defendant, did not justify an award of storage fees as costs to the prevailing vehicle owner although the court's opinion recognized the owner's right to recovery of those fees upon seeking "a proper remedy." Id....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2534
...Atty., Kissimmee, for respondent Osceola County. Lawrence J. Davis, Asst. State Atty., Kissimmee, for respondent Judge Powell. UPON PETITION FOR WRIT OF MANDAMUS ORFINGER, Judge. Petitioner was acquitted of first degree murder and filed a motion to tax costs in *615 the trial court pursuant to Section 939.06, Florida Statutes (1985)....
...entered an order certifying taxable costs in the sum of $4,533.50, finding the remaining costs to be non-taxable. Petitioner now seeks a writ of mandamus from this court directing the trial court to certify additional costs in the sum of $12,681.68. Section 939.06, Florida Statutes (1985), provides: No defendant in a criminal prosecution who is acquitted ......
...at 280. Since the statute allows the clerk to issue the certificate of payment, there is clearly no judicial discretion involved which would preclude mandamus. The task of the trial court or clerk upon presentation of a motion to tax costs pursuant to F.S. 939.06, is merely to certify that a defendant has paid the costs claimed to be taxable....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Appellant, Mrs. Stanley (Joyce) Goldberg, was one of several defendants prosecuted on a series of indictments which ultimately led to a dismissal of one charge and a jury verdict of "not guilty" as to the remaining charges. Pursuant to Florida Statute 939.06 (1977), she filed for a certificate of payment of taxable costs and successfully obtained such a certificate for costs amounting to $4,213.17....
...Without retracing the specific provisions of Article XVI, Section 9, Florida Constitution of 1885, as amended, and made statutory law by Article XII, Section 10 of *1244 the Constitution as revised in 1968, we simply state that the surviving provisions are now contained in Florida Statute 939.06 (1977), and a comparison of the language therein should be helpful....
...Capuano,
269 So.2d 380 (Fla. 4th DCA 1972), we find no authority for an award of private attorneys' fees in a criminal case. As to recovery of the expert fee for the forensic psychologist who assisted in the selection of the jury, we note that Florida Statute
939.06 (1977) refers to "taxable costs" which have been defined as only those items reasonably within the scope of statutory authority....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ed. The state charged James Ronald Bothwell with three counts of vehicular homicide and three counts of DUI manslaughter. After a jury trial he was found not guilty on all counts. On January 19, 1983, Bothwell filed a motion to tax costs pursuant to section 939.06, Florida Statutes (1981), which provides that an acquitted defendant shall not be liable for taxable costs he has paid....
...After oral argument, we directed counsel to file written memoranda addressing whether the trial court had jurisdiction to enter its order of March 9. After further review, we conclude that the trial court lacked jurisdiction to enter its order reducing the taxable costs. The parties agree that the taxation of costs under section 939.06 is a civil proceeding, and that, accordingly, the civil rules of procedure apply instead of the criminal rules....
...See § 914.06. Therefore, the order awarding that fee is affirmed; nevertheless, we remand for a clarification of the court's order which is ambiguous as to who is responsible for payment of the fee. Since defendant cannot be responsible by law under section 939.06, we direct the court to amend its order to provide for payment of the fee by the county....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22136809
...claim that the State treats *18 accused juvenile offenders differently from accused adult offenders with respect to the payment of subsistence costs. Under section
951.033(2), Florida Statutes (2000), adult prisoners must pay for their subsistence costs. But section
939.06, Florida Statutes (2000), provides that, if an adult criminal defendant is acquitted or discharged, he is not liable for court costs, fees of a ministerial government office, or subsistence costs....
...Rather, the issue is whether the State has a legitimate objective that justifies discriminating between adults and children when they have not been prosecuted for an offense or have been found not to have committed one. We previously have held that the legislative purpose behind section 939.06 is to protect a criminal defendant from paying costs when he is innocent or when the State fails to vigorously prosecute him....
CopyCited 2 times | Published | Supreme Court of Florida | 1989 WL 48932
...other good cause is filed with the court, or (b) ordered by the court upon a showing that the deposed witness is material or upon showing of good cause. This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statute 939.06 and Article I, Section 9 of the Florida Constitution....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 13958
...claim that the State treats *18 accused juvenile offenders differently from accused adult offenders with respect to the payment of subsistence costs. Under section
951.033(2), Florida Statutes (2000), adult prisoners must pay for their subsistence costs. But section
939.06, Florida Statutes (2000), provides that, if an adult criminal defendant is acquitted or discharged, he is not liable for court costs, fees of a ministerial government office, or subsistence costs....
...Rather, the issue is whether the State has a legitimate objective that justifies discriminating between adults and children when they have not been prosecuted for an offense or have been found not to have committed one. We previously have held that the legislative purpose behind section 939.06 is to protect a criminal defendant from paying costs when he is innocent or when the State fails to vigorously prosecute him....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1960 Fla. App. LEXIS 2570
...The trial was reported by an official court reporter at the request of the relator, who paid the reporter for his services. The relator filed a sworn statement of costs showing payment of the reporter’s charge and requested a certificate of payment of. such cost, pursuant to section 939.06, Florida Statutes, F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 3729, 2012 WL 716029
...Ronald Haines appeals the trial court's "Order Denying Defendant Haines's Pro Se Motion to Issue Certificate of Costs." We treat his appeal as a petition for writ of mandamus and grant the relief requested. Haines properly filed a motion for certification of costs under section 939.06, Florida Statutes....
...o refund these fees. After the circuit court denied the petition as legally insufficient, Haines filed a petition for writ of *1145 mandamus in this court. We denied the petition, explaining by order: "Petitioner must follow the procedure set out in section 939.06, Florida Statutes, by filing a motion for certification of costs in the trial court for the cases at issue." Haines then filed a motion to issue certificate of costs in Case Numbers 07-15322 and 08-1276, claiming that a certificate of costs "must be issued by this clerk or judge" pursuant to section 939.06(1), Florida Statutes....
...tificate of Costs." The order stated, in pertinent part: ORDERED and ADJUDGED that Defendant Haines's Pro Se Motion to Issue Certificate of Costs is DENIED. The defendant's redress is a civil suit directed against Palm Beach County. Haines appealed. Section 939.06, Florida Statutes, provides as follows: (1) A defendant in a criminal prosecution who is acquitted or discharged is not liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody....
...the refund to the Justice Administrative Commission on a form and in a manner prescribed by the commission. The defendant must attach to the form an order from the court demonstrating the defendant's right to the refund and the amount of the refund. § 939.06, Fla....
...Certification of costs is a purely ministerial duty and the trial court (or clerk) has no discretion in deciding whether or not to certify the costs. Id. In Clark, the Second District set forth the procedure for procuring a refund of such costs under the version of section 939.06 then in effect: The statute mandates that the defendants must either have the court or the clerk of the court certify that the defendants have paid taxable costs in their defense before their case is discharged....
...The statute previously required the county to pay and did not require an order from the court. See Ch. 2003-402, § 131, Laws of Fla. (removing the "by the county" language at the end of the subsection). *1146 Now, pursuant to the current version of section 939.06, the defendant must obtain a certificate of payment of costs from the clerk or the judge. § 939.06(1), Fla. Stat. (2010). The defendant must also obtain an order from the court "demonstrating the defendant's right to the refund and the amount of the refund." See § 939.06(2), Fla. Stat. (2010); see also Ch. 2005-236, § 62, Laws of Fla. (adding subsection (2)). The defendant must then submit a request to the Justice Administrative Commission and attach the court's order. § 939.06(2), Fla. Stat. (2010). Here, Haines properly filed a motion for certification of costs under section 939.06, Florida Statutes....
CopyPublished | Supreme Court of Florida | 1996 Fla. LEXIS 1517
applications for reimbursement of costs pursuant to section
939.06, Florida Statutes, and article I, section 9
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17132
DAUKSCH, Chief Judge. This is an appeal from an order denying an acquitted defendant in a criminal case the reimbursement of taxable costs in the preparation of his defense. Section 939.06, Florida Statutes (1979), allows and requires the county to pay those reasonable and necessary costs expended by the criminally accused when he is acquitted or discharged from the criminal charges....
CopyPublished | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2054, 1988 Fla. App. LEXIS 3832, 1988 WL 89742
...Respondent, Daniel Otte, was acquitted of first-degree murder. At all times during the prosecution, Otte retained private counsel and made no claim of indigency. After acquittal, Otte moved the trial court to certify as taxable costs payable by the county the fee and expenses of the private investigator. See § 939.06, Fla.Stat....
...Otte’s counsel subsequently filed a motion to have the court recognize Otte’s indigen-cy during the preceding criminal prosecution, and a motion to direct the county to pay the investigative costs incurred by Otte during the prosecution. The trial court entered orders granting both motions. Section 939.06 provides that a defendant who is acquitted of a criminal charge shall not be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody....
...Investigative fees and expenses are not taxable costs. See Benitez v. State,
350 So.2d 1100 (Fla. 3d DCA 1977). The trial court’s post-acquittal determination of indi-gency and order directing payment improperly circumvented the established statutory procedure under sections
939.06 and
939.08, Florida Statutes, for the certification and approval of taxable costs payable by the county....
...A determination of indi-gency must serve some legitimate purpose, such as providing legal representation for the poor. The determination of indigency in this case served no legitimate purpose, but was made solely to shift to the county the obligation to pay costs which the county otherwise would not have to pay under section 939.06....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22513
a certificate of taxable costs pursuant to section
939.06, Florida Statutes (1981), which provides as
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
hold that the term `taxable costs,' as used in Section
939.06, Florida Statutes (1975) means all reasonable
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 17911, 2014 WL 5614863
...ndividual violations.’” Id. at 1158
(quoting Davis v. State,
42 So. 3d 807, 809–10 (Fla. 1st DCA 2010)). “[A]
defendant who is acquitted or discharged is not liable for any costs or fees
of the court or any ministerial office.” Id. (citing §
939.06, Fla....
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 597, 1986 Fla. LEXIS 2931
for reimbursement of costs pursuant to Florida Statute
939.06 and Article I Section 9 of the Florida
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11765, 1992 WL 353389
...After a lengthy criminal trial, petitioner, a minor, was acquitted of all charges in an eight count indictment which included seven counts of sexual battery and one count of lewd and lascivious assault on three separate minors. He filed a motion to tax costs in the trial court pursuant to section 939.06, Florida Statutes (1991), seeking costs in the amount of $692,822.50....
...cessary for the proper defense of the former defendant.” Petitioner now seeks a writ of mandamus from this court requiring the trial court to certify that the costs had been paid. For the following reasons we grant the petition and issue the writ. Section 939.06, Florida Statutes provides: No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody....
...The Legislature has thus set forth the proper procedure for an acquitted or discharged defendant to obtain reimbursement for costs expended in his criminal defense and trial. As stated in Clark v. State,
570 So.2d 408 (Fla. 2d DCA 1990): The statute [section
939.06] mandates that the defendants must either have the court or the clerk of the court certify that the defendants have paid taxable costs in their defense before their case is discharged....
CopyPublished | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 16936
DAUKSCH, Judge. The question on appeal is whether the court can award as costs, under Section 939.06, Florida Statutes (1975), damages resulting from an alleged improper towing, storage and negligent care of an automobile by the Appellant....
...6 for repair on account of negligent care while the car was in storage. He says the City should pay him the money because its agents caused the damages. That may be so and Appellee has a right to sue. A taxing of costs is not the way to go about it. Section 939.06, Florida Statutes (1975), is not specific but its language cannot be stretched to include these costs which were incurred in a quasi-criminal forfeiture proceeding subsequent to, and collateral to, the criminal charges....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6460, 2006 WL 1140988
...ription fees, video deposition fees, process service fees, witness fees, expert witness fees, and fees for transcription of excerpts of trial. The circuit court entered a separate order directing the Commission to pay these certified costs. However, section 939.06, Florida Statutes (2004), authorizes reimbursement only for witness fees, sheriff expenses, and clerk of the court expenses....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7145
LILES, Acting Chief Judge. Petitioner was tried and acquitted for possession of barbiturates and marijuana in the Court of Record in and for Hills-borough County. Following the trial, he filed a motion pursuant to F.S. § 939.06, F.S.A., to be reimbursed for costs incurred by him in the defense of his cause....
...Among these are airplane fare to California, parking and car rental, hotel bill, meals and court reporter fees incurred in obtaining the deposition of a witness for the defense. The deposition was used at the trial and petitioner now maintains that these expenses are taxable costs. Florida Statutes § 939.06, F.S.A., provides in part: “No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court ....
...be refunded to him by the county.” Petitioner relies on Warren v. Capuano,
269 So.2d 380 (4th D.C.A.Fla.1972), which held that costs of private process, reimbursement for mileage and per diem for out of state witness were taxable costs under F.S. §
939.06 and §
142.09, F.S.A....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 1848, 1997 WL 90825
...Appellee recognizes that he has no right to reimbursement of fees by common or statutory law. Non-indigent acquitted defendants have always been responsible for their own attorney’s fees, even though by statute, acquitted defendants are reimbursed for taxable “costs.” Fla. Stat. § 939.06 (1993)....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 2856, 1996 WL 125710
...m the state attorney and service of subpoenas by private process servers.” Id. at 604 . In the instant case, the county challenges the award of virtually the same costs as those described above, costs which, in both cases, were awarded pursuant to section 939.06, Florida Statutes (1995)....
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 2803, 1992 WL 51262
...The amount of those costs paid by defendant had been previously certified by the court, apparently in accordance with the procedure outlined in Sawyer v. State,
570 So.2d 410 (Fla. 2d DCA 1990) and Clark v. State,
570 So.2d 408 (Fla. 2d DCA 1990). Reimbursement to defendant had then been refused by the county. We reverse. Section
939.06, Florida Statutes (1989), provides for the reimbursement to an acquitted criminal defendant of what the statute calls “taxable costs” but does not define the term....
...Especially since section 939.01, as amended in 1987, provides for the taxation against convicted criminal defendants of investigative costs incurred by law enforcement agencies, we hold that investigative costs are also taxable costs within the meaning of section 939.06....
...2d DCA 1975) (“Since under § 914.06 the county could tax the reasonable compensation of its expert witnesses as costs against a convicted defendant, we think that an acquitted, non-indigent defendant may do likewise against the county.”). That the legislature has not changed section
939.06 since the 1974 opinion of this court in Doran may be taken to indicate legislative intent in approval of the Doran ruling, as well as that in Powell , to the effect that finding a rational basis for an interpretation of the term “taxable costs” in that section has been left to the courts. See 49 Fla.Jur. Statutes § 166 (1984) (citing White v. Johnson,
59 So.2d 532 (Fla.1952)). Our interpretation of that term in section
939.06 in light of section 939.01 is consistent with Powell , based upon the concept of mutuality....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6793
...Article I, § 19, of the Florida Constitution authorizes the reimbursement of costs to defendants who have been acquitted or discharged in a criminal prosecution. The legislature has duly implemented this constitutional mandate by statutes. See F.S. §
939.06 F.S.A. (Art. XVI, § 9 of the 1885 State Constitution became a statute pursuant to Art. XII, § 10 of the schedule of the 1968 constitutional revision). Warren v. *91 Capuano, Fla.App.4th 1972,
269 So.2d 380 , affirmed, Fla.,
282 So.2d 873 . F.S. Section
939.06 F.S.A....
...certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county- In the case sub judice, instead of certifying the costs to the board as provided for in F.S. § 939.06 F.S.A., the trial judge ordered the board to pay the costs. Since the trial court did not comply with the provisions of § 939.06, the order must be reversed; Jackson County v....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 472, 1996 WL 27896
...Because we agree with the state that the costs awarded were not authorized by statute, we reverse. It appears this ease is controlled by Board of County Commissioners v. Sawyer,
620 So.2d 767 (Fla.1993), where the court said that the applicable statute, section
939.06, Florida Statutes, only authorizes a criminal defendant to recover the items expressly referenced in the statute. Section
939.06 provides: Acquitted defendant not liable for costs— No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If he shall have paid any taxable costs in the case, the clerk or judge shall give him a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county. §
939.06, Fla.Stat....
...Although the term “discharged” appears to have a fluid meaning in Florida statutes 2 and may have been interpreted to include defendants who have been acquitted as well as those who have had charges dropped or served their sentence, 3 the lan *605 guage of section 939.06 itself shows that the Florida legislature discerns a distinction between defendants who are discharged and those who are acquitted. Unlike section 939.06, section 939.07 expressly applies to defendants who have been discharged, not to those who have been acquitted....
...We do not comment on the logic or fairness of these statutes. We take them as they are written and as they have been interpreted by the high court in Sawyer . REVERSED and REMANDED. COBB and HARRIS, JJ., concur. .We note that the procedure employed below was not as is described in section 939.06-.08, Florida Statutes (1993), see Pfeifer v....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 485, 1990 WL 5397
...We have examined the issues raised by the defendant and find them to be without merit except with respect to the trial court’s order denying the defendant’s motion seeking reimbursement of certain costs. The defendant sought such reimbursement as an acquitted or discharged defendant under Section 939.06, Florida Statutes, and as an indigent. We affirm the order insofar as its denial of the motion under Section 939.06 but reverse and remand on the indigency basis....
CopyPublished | Florida 5th District Court of Appeal
...review the denial of his motion for costs, pursuant
to Florida Rule of Appellate Procedure 9.400(a). Because Mathis prevailed on appeal and
the State decided not to pursue further prosecution, we find that Mathis is entitled to costs
pursuant to section 939.06, Florida Statutes (2016), and rule 9.400(a)....
...In March, the State entered a nolle prosequi on all charges.
Subsequently, the trial court held a hearing on the motion for costs and found that
Mathis was not entitled to appellate costs because he must have a statutory right to
recover costs in order to claim them. The trial court noted that section 939.06, Florida
Statutes, "authorizes the imposition of certain trial court costs against the county in favor
of an acquitted or discharged defendant, but [Mathis] is not seeking costs under that
provision." The trial court further found that Mathis failed to establish an entitlement to
costs under rule 9.400....
...Comm'rs, Pinellas Cty. v. Sawyer,
620 So. 2d 757,
758 (Fla. 1993). Article 1, section 19, of the Florida Constitution provides, "No person
charged with crime shall be compelled to pay costs before a judgment of conviction has
become final." Further, section
939.06, Florida Statutes, provides:
A defendant in a criminal prosecution who is acquitted or
discharged is not liable for any costs or fees of the court or
1The language differences between sections (a) a...
...27.52(1)(b), in the case, the
clerk or judge shall give him or her a certificate of the payment
of such costs, with the items thereof, which, when audited and
approved according to law, shall be refunded to the
defendant.
Thus, article 1, section 19, and section
939.06 authorize the taxing of costs against the
State for an acquitted or discharged defendant.
Section
939.06 applies to Mathis because the State entered a nolle prosequi. See
Haines v. State,
80 So. 3d 1144, 1145 (Fla. 4th DCA 2012) ("A nolle prosequi by the state
amounts to a 'discharge' entitling a defendant to a refund of costs under the statute.").
Additionally, this court has previously extended section
939.06 to appellate costs. See
Evans v. State,
608 So. 2d 944 (Fla. 5th DCA 1992). Mathis's failure to refer to section
939.06 as a substantive basis is not fatal to his claim for costs because rule 9.400(a) does
not expressly require that a movant for costs state the ground of recovery. Because
Mathis prevailed on appeal and the State's nolle prosequi discharged his case, Mathis is
entitled to costs pursuant to section
939.06 and rule 9.400(a)....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 501, 1986 Fla. App. LEXIS 6431
...er than those necessary to obtain witnesses, such as the legal expenses required to serve process and the costs incurred in paying witness fees and travel expenses. Section 939.07 functions as a limitation on the reimbursement of costs authorized by section
939.06 for a discharged defendant; it is not independent authority for their payment. The trial court therefore erred in awarding attorney's fees as legal expenses under section 939.07. If private attorney's fees in criminal cases were to be properly recovered as costs under chapter 939, they could only be awarded pursuant to section
939.06, which deals with the county's responsibility for costs of an acquitted or discharged defendant. In that regard, we agree with the Third District Court of Appeal's holding in Goldberg v. County of Dade,
378 So.2d 1242 (Fla. 3d DCA), appeal dismissed,
389 So.2d 1110 (Fla. 1980), that section
939.06 does not provide for an award of private attorney's fees in a criminal case....
CopyPublished | District Court of Appeal of Florida
criminal defendants in certain circumstances. Section
939.06, Florida Statutes (2021), for example, permits
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13614, 1997 WL 748857
...ry, stemming from an incident on June 23, 1995. The criminal trial commenced on November 2,1995 before County Judge Halker. It ended when Judge Halker granted Love’s motion for judgment of acquittal on both counts. On February 1, 1996, pursuant to section 939.06, Love filed a motion in the county court seeking certification of costs she had incurred in defending the criminal suit ($27,-021.82 later increased to $27,696.55)....
...fication of all costs she had listed in her motion. Together with copies of her pleadings filed in the circuit court, Love sent notice of the hearing date to Orange County. Orange County is ultimately responsible to reimburse the costs allowed under section 939.06....
...He explained, as did Judge Cowart in the Davis case, that once the costs are certified, that is not the end of the matter. The certification is presented to the County for payment. At that point, the County conducts an audit and review, and may refuse to pay those items which it believes are not taxable under section 939.06....
...Compare Volusia County v. Carrin,
666 So.2d 603 (Fla. 5th DCA 1996). Thus, the County has no standing to bring this appeal. The rest of what we say is dictum, but perhaps it will be helpful guidance to resolve *1140 the issue of what costs are or are not taxable under section
939.06....
...If he shall have paid any taxable costs in the case, the clerk or judge shall give him a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county. This court has taken a limited view of what costs are reimbursable under section 939.06....
...On review, the supreme court held Wolfs reimbursements were properly limited to witness fees, sheriff expenses and clerk of the court expenses. This is a broader category than the one suggested by this court in an earlier case, Volusia County v. Carrin. In Carrin , this court held that reimbursement pursuant to section 939.06 was limited to recovery for court costs, court fees, costs or fees of a ministerial governmental office, or charges for subsistence....
...In Carrin , this court relied on Board of County Commissioners, Pinellas County v. Sawyer,
620 So.2d 757 (Fla.1993). However, that case simply held that a defendant could not recover investigative costs under the statute. Since Wolf may indicate that a broader category of costs are recoverable under section
939.06 than the ones we suggested in Carrin , we conclude that Judge Hauser was wise in his decision to require the trial judge to certify all costs “arguably recoverable” under section
939.06....
CopyPublished | Florida 5th District Court of Appeal | 1992 Fla. App. LEXIS 12228, 1992 WL 355054
...appellant prevailed in his appeal of his criminal contempt conviction. We reversed appellant’s conviction and remanded with instructions for entry of a judgment of not guilty. See Evans v. State,
603 So.2d 15 (Fla. 5th DCA 1992). Thus, pursuant to section
939.06 of the Florida Statutes (1991), appellant is entitled to recover his total appellate costs of $629.26....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834
...terial or specifying other good cause is filed with the court or (B) ordered by the court on a showing that the deposed witness is material or on showing of good cause. This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9, of the Florida Constitution....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 182, 1998 Fla. LEXIS 601, 1998 WL 153767
...l or specifying other good cause is filed with the court or (B) ordered by the court on a showing that the deposed witness is material or on showing of good cause. *966 This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9, of the Florida Constitution....
CopyPublished | District Court of Appeal of Florida
entered a judgment of not guilty. Pursuant to section
939.06, Florida Statutes (2018), Whitley moved for
CopyPublished | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 3421, 1991 WL 53545
...We affirm. At the hearing, the circuit court made five rulings which are the subject of this appeal. First, it ruled that the attorneys’ fees incurred by the defendant are not taxable costs as a matter of law and need not be certified as such pursuant to section 939.06, Florida Statutes (1989)....
