CopyCited 131 times | Published | Supreme Court of Florida
...At the sentencing proceeding, the trial court imposed costs of ten dollars for the Crimes Compensation Fund under the authority of section 960.20, Florida Statutes (1981), [1] and two dollars for the Law Enforcement Training Fund under the authority of section 943.25(4), Florida *949 Statutes (1981)....
...The court expressly acknowledged that petitioner's financial situation had not changed and appointed the public defender. On appeal to the First District Court of Appeal, petitioner challenged the imposition of the Crimes Compensation and Law Enforcement Training Funds costs pursuant to sections 960.20 and 943.25(4), Florida Statutes (1981)....
...rt conceded could not be assessed against an indigent defendant, and the "$12.00 or $24.00" costs for the Crimes Compensation and Law Enforcement Training Funds, which the court concluded are authorized to be assessed pursuant to sections 960.20 and 943.25(4), Florida Statutes (1981)....
...holly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section
27.52 is not applicable to the costs imposed by Sections 920.20 and
943.25(4)....
...ty is seeking recovery of those costs and an opportunity for the defendant to be heard on that issue. The existence of a similar lien statute for the recovery of state costs is not a prerequisite for the assessment of costs under sections 960.20 and 943.25 against an indigent defendant....
...He failed to take advantage of either. *951 Sections 939.05 and 939.15, as well as
924.17, are asserted as protecting Jenkins from the costs assessment. These are the statutes applied in Arnold and Byrd, supra. Neither are applicable to the special costs imposed by Sections 960.20 and
943.25(4), Florida Statutes (1981). See Griggs v. State,
416 So.2d 1270 (Fla. 5th DCA 1982). We recede from our decision in Mobley v. State . A defendant who objects to the imposition of costs under Sections 960.20 and
943.25(4) shall be required to timely object on the ground of insolvency and shall offer due proof of insolvency in open court....
...The trial court must find that the defendant is wholly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section
27.52 is not applicable to the costs imposed by Sections 960.20 and
943.25(4)....
...d in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $10 collected as a service charge of the clerk's office. Under no condition shall a political subdivision be held liable for the payment of this sum of $10. [2] Section 943.25(4), Florida Statutes (1981), provides that "[a]ll courts created by Art....
CopyCited 105 times | Published | Florida 2nd District Court of Appeal | 1995 WL 65502
...that the "costs are considered assessed unless specifically waived by the court." § 960.20, Fla. Stat. (Supp. 1994). Thus, this cost is still mandatory, but the defendant may object to its imposition and request an express waiver on the record. § 943.25(3), Fla....
...This 5% surcharge on fines is included in the standard sentencing form found in rule 3.986(d). Under Beasley, it is treated as a mandatory cost because it flows automatically from the assessment of the fine.
580 So.2d at 143. Discretionary Costs §
943.25(13), Fla....
...When trying to pair the above-described statutes with the costs imposed in this case, one cannot logically arrive at the $235 assessment of court costs in Mr. Reyes' written judgment. He was obligated to pay $200 under section 27.3455, $20 under section 960.20, and $3 under section 943.25(3)....
CopyCited 71 times | Published | Supreme Court of Florida | 1991 WL 77654
...As part of his sentence, the trial court imposed a $50,000 fine as prescribed by subsection
893.135(1)(b)(1), Florida Statutes (1989), and a five-percent surcharge on that amount pursuant to section 960.25, Florida Statutes (1989). The court also assessed costs pursuant to subsection 27.3455(1)(a), subsection
943.25(3), and section 960.20, Florida Statutes (1989), respectively in the amounts of $200, $3, and $20....
...The district court, however, certified the aforementioned question to this Court. Both Mays and Jenkins concerned the procedural due process protections accorded an indigent defendant when statutorily mandated costs are implicated. Jenkins involved the assessment of costs under sections 960.20 and 943.25, Florida Statutes (1981), two of the statutes involved in the case at bar....
...In Mays we addressed costs imposed under section 27.3455, Florida Statutes (1985), and observed: In Jenkins, this Court held that the state must provide a defendant with adequate notice and an opportunity to object to the assessment of costs pursuant to sections 960.20 and 943.25, and that while the trial judge is free to assess such costs against an indigent defendant "any enforcement of the collection of those costs must occur only after a judicial finding that the individual defendant has the ability to pay in accordance with the principles enunciated in Fuller v....
...We therefore answer the certified question in the affirmative and quash the district court's decision. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] Although the legislature has amended § 960.20 and § 943.25 since our decision in Jenkins v....
...(1989), states in pertinent part: When any person pleads guilty or nolo contendere to, or is convicted of, any felony, misdemeanor, or criminal traffic offense ... there shall be imposed as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $20. § 943.25, Fla....
CopyCited 43 times | Published | Supreme Court of Florida | 1989 WL 106348
...1984), the trial court imposed costs of twelve dollars against the defendant at the sentencing hearing, consisting of ten dollars for the Crimes Compensation Fund under the authority of section 960.20, Florida Statutes (1981), and two dollars for the Law Enforcement Training Fund under the authority of section 943.25(4), Florida Statutes (1981). This Court stated that in order to recover costs under sections 960.20 and 943.25 against an indigent defendant, the state must first provide adequate notice of such assessment to the defendant with full opportunity to object to the assessment of those costs....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1997 WL 1694
...Consequently, we reverse the order setting the amount of restitution. *722 On remand, the trial court may conduct another hearing and again impose restitution. See Skaggs; Nguyen. Further, two costs were improperly imposed. A cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyCited 20 times | Published | Florida 1st District Court of Appeal
...Perhaps even more importantly, the trial judge failed to make a determination that the indigent defendants had the ability to pay the sum before imposing it. In Jenkins v. State,
444 So.2d 947 (Fla. 1984), the Supreme Court determined that the assessment of costs under Section 960.20, Florida Statutes, and Section
943.25(4), Florida Statutes, against an indigent defendant is permissible only after the defendant has been given adequate notice and a full opportunity to object to the assessment....
...1st DCA 1984), this court reversed an imposition of attorney's fees assessed pursuant to Section 27.56, Florida Statutes, relying on Jenkins v. State. Similarly, in Cason v. State,
473 So.2d 4 (Fla. 1st DCA 1985), this court, following Jenkins, reversed the trial court's imposition of costs assessed under Section 960.20 and
943.25, since the indigent defendant was not provided adequate notice nor a full opportunity to object to the assessment....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2372069
...ce the cost or determine his ability to pay it. In support of this argument, Mr. Waller relies on this court's opinion in Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995), where we held that the $2 criminal justice education cost imposed pursuant to section
943.25(13), Florida Statutes (1991), was a discretionary cost....
...Thus, this list may not be accurate in the future." *228 Reyes,
655 So.2d at 117 n. 7. 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....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1996 WL 34029
...costs which are mandatory and those that are discretionary. Id. at 117. Of those costs listed in the written order in the case at bar, all are considered mandatory costs with the exception of the $2 County Resolution Criminal Justice Trust Fund per section 943.25(7), Florida Statutes....
...Accordingly, should the trial court decide to reimpose this cost after retrial, it must first provide Tarrant with notice at sentencing. REVERSED AND REMANDED. POLEN and STEVENSON, JJ., concur. NOTES [1] For this cost, the proper statute citation is section 943.25(13)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1997 WL 740715
...5th DCA 1983)). The trial court's imposition of a minimum mandatory was fundamental error in the present case, and, accordingly, must be reversed. The appellant also appeals the trial court's imposition of a $2.00 special court costs fee, pursuant to section 943.25(13), Florida Statutes (1995)....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...______________________ Defendant CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: ____ $20.0050.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund). ____ $3.00 as a court cost pursuant to section 943.25(3), Florida Statutes (Criminal Justice Trust Fund). ____ $2.00 as a court cost pursuant to section 943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1995 WL 642682
...the proper procedures as set forth below. The trial court orally ordered the defendant to pay a lump sum of $255 in court costs. The written Charges/Costs/Fees form itemizes the costs imposed. We must strike the assessment of $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), and the assessment of $200 in general court costs because the trial court failed to provide notice and failed to consider defendant's financial resources and other factors in making the decision to assess these discretionary costs....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...He failed to take advantage of either. Sections 939.05 and 939.15, as well as
924.17, are asserted as protecting Jenkins from the costs assessment. These are the statutes applied in Arnold and Byrd, supra. Neither are applicable to the special costs imposed by Sections 960.20 and
943.25(4), Florida Statutes (1981). See Griggs v. State,
416 So.2d 1270 (Fla. 5th DCA 1982). We recede from our decision in Mobley v. State . A defendant who objects to the imposition of costs under Sections 960.20 and
943.25(4) shall be required to timely object on the ground of insolvency and shall offer due proof of insolvency in open court....
...The trial court must find that the defendant is wholly unable to pay the $12.00 in costs and, if it so finds, shall discharge the defendant from the payment of the $12.00. See Section 939.05. The finding of indigency under Section
27.52 is not applicable to the costs imposed by Sections 960.20 and
943.25(4)....
...State,
419 So.2d 394 (Fla. 4th DCA 1982); and Johnson v. State,
419 So.2d 412 (Fla. 2d DCA 1982). It appears, however, that in each of these cases the trial court may have found the defendant insolvent and unable to pay the costs assessed under Section 960.20 and Section
943.25(4)....
...payment of costs. Section 939.15, Fla. Stat. (1981) provides: 939.15 Costs paid by county in cases of insolvency. When the defendant in any criminal case ... has been adjudged insolvent ... the costs allowed by law shall be paid by the county.... Section 943.25(4), Fla....
...The clerk shall retain the remaining $1 of each $10 collected as a service charge of the clerk's office. Under no condition shall a political subdivision be held liable for the payment of this sum of $10. There appears to be no reason to label the $10 costs imposed by section 960.20 and the $2 costs imposed by section 943.25 as "special" costs and segregate them from other costs....
...The Legislature simply refers to the $2 as a "court cost" and to the $10 as "an additional cost in the case." The majority have cited Griggs v. State,
416 So.2d 1270 (Fla. 5th DCA, 1982). Although Griggs relates to section 960.20, it does not relate to section
943.25. Upon examination of sections 960.20 and
943.25, it appears that although section 960.20 provides that the county shall not be liable for the payment of the $10 costs, section
943.25 has no such provision concerning the $2 cost....
...Further, it does not follow that because the county shall not pay the $10 fee, an insolvent defendant must pay it. Where there is an insolvent defendant, the Crimes Compensation Fund just would not receive $10. The majority provides that a defendant who objects to the payment of costs under sections 960.20 and 943.25(4) shall be required to timely object on the ground of insolvency and shall offer due proof of insolvency in open court....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2538
...State,
513 So.2d 782 (Fla. 1st DCA 1987); Gaskins v. State,
513 So.2d 1087 (Fla. 1st DCA 1987); Riddell v. State,
509 So.2d 956 (Fla. 1st DCA 1987). Appellant also was assessed costs of $20.00 pursuant to section 960.20, Florida Statutes, and $2.00 pursuant to section
943.25(4), Florida Statutes....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 391048
...e the following opinion in its stead. In this criminal appeal, Harry A. Rocker raises several issues regarding the fees and costs assessed following his plea. First, he argues that the trial court erred by imposing costs pursuant to sections 960.20, 943.25 and 27.3455, Florida Statutes (1991) on a per count, rather than a per case basis....
...State,
632 So.2d 176 (Fla. 5th DCA 1994). In Hollingsworth, we reversed the trial court and held that the clear language of section 27.3455(1) mandates that costs are to be imposed per case and not per count. Applying a similar analysis to section 960.20 and section
943.25, we hold that those costs likewise must be imposed per case and not per count....
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
...ida v. ______ Defendant CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: ____ $50.00 pursuant to section 960.20938.03, Florida Statutes (Crimes Compensation Trust Fund). ____ $ 3.00 as a court cost pursuant to section 943.25(3)938.01, Florida Statutes (Criminal Justice Trust Fund). ____ $ 2.00 as a court cost pursuant to section 943.25(13)938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1995 WL 104091
...on the second count to one year and "statutory fee and costs of $[132].50." The written order as to Count I on costs states the following: $50 pursuant to section 960.20, Florida Statutes (Supp. 1992) (Crimes Compensation Trust Fund), $3 pursuant to section 943.25(3), Florida Statutes (1991) (Criminal Justice Trust Fund), $2 pursuant to section 943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties), $200 pursuant to section 27.3455, Florida Statutes (1991) (Local Government Criminal Justice Trust Fund), $2 Law Library and $2 Gulf Coast Criminal Justice Assessment, for a total of $259. As for the second count, $50 was imposed pursuant to section 960.20, $3 pursuant to section 943.25(3), $2 pursuant to section 943.25(13), $50 pursuant to section 27.3455, $25 for additional court costs, $.50 Law Library and $2 Gold Coast Criminal Justice Assessment, for a total of $132.50....
...eir actions. State v. Beasley,
580 So.2d 139, 142 (Fla. 1991). Thus, it cannot be said in the instant case *1260 that appellant did not have adequate notice of all of the statutory costs imposed on him, i.e., those taxed pursuant to sections 960.20,
943.25 and 27.3455....
...Turning next to the question of whether the court erred by exacting the costs on a per-count rather than a per-case theory, appellant cites Hollingsworth v. State,
632 So.2d 176 (Fla. 5th DCA 1994), and Rocker v. State,
640 So.2d 163 (Fla. 5th DCA 1994), which hold that costs levied under sections 960.20,
943.25 and 27.3455 must be imposed on a per-case basis....
...This statute, as does section 27.3455(1), provides: "[T]here shall be imposed as an additional cost in the case ... the sum of $20." Thus, we also strike the costs taxed pursuant to section 960.20 as to the second count. See Rocker, Wallace and Spruill. Regarding the costs levied under subsections 943.25(3) and (13), the Hollingsworth analysis is less compelling, because neither of the above subsections states that costs should be directed on a per-case basis....
...(13) authorizes "[m]unicipalities and counties ... [to] assess an additional $2 for expenditures for criminal justice education degree programs and training courses." Despite the obvious difference in the wording between sections 27.3455, 960.20 and 943.25, the Fifth District has held in Rocker and Spruill that costs under section 943.25 can only be ordered on a per-case theory....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1991 WL 144095
...nation, at the time of imposition, of the defendant's ability to pay." State v. Vamper,
579 So.2d 730 (Fla. 1991); State v. Beasley,
580 So.2d 139 (Fla. 1991). We strike the costs imposed pursuant to two other statutes printed on the final judgment, section
943.25(4) and
943.25(8), Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 75001
...On remand, the trial court may reimpose restitution, provided that it has properly reserved jurisdiction to do so. See Harth,
694 So.2d at 841; Gatlin,
618 So.2d at 766. The trial court also erred in imposing certain costs. First, the $4 costs ($2 for each case) imposed pursuant to section
943.25(13), Florida Statutes (Supp.1994), must be stricken because these discretionary costs were not orally pronounced at sentencing....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 187456
...You may perform community service work in lieu of payment at the rate of minimum hourly wage." The written charges/costs/ fees form assesses $50 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund), and $3.00 as a court cost pursuant to section 943.25(3), Florida Statutes (Criminal Justice Trust Fund)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1996 WL 354593
...n alleging all of the elements of that offense. Gay v. State,
432 So.2d 602 (Fla. 2d DCA 1983); State v. Salters,
634 So.2d 1095 (Fla. 2d DCA 1994). With respect to costs imposed at sentencing, we strike the $2 discretionary cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because it was not orally pronounced....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 336622
...The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order. Smith v. State,
686 So.2d 8 (Fla. 2d DCA 1996); Belton v. State,
673 So.2d 880 (Fla. 2d DCA 1996); Reyes,
655 So.2d at 119. The remaining $2 was a discretionary cost imposed pursuant to section
943.25(13), Florida Statutes (1995)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 849
...n challenged solely because of their race." [3] The second issue arises out of the judgment's indication that appellant is to pay the sum of $15.00 pursuant to section 960.20, Florida Statutes, and to pay the sum of $2.00 as a court cost pursuant to section 943.25(4), Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2275
...ourt costs. [7] The record on appeal also fails to show that Thomas was given adequate notice and opportunity to object to the imposition of court costs. [8] Therefore, that portion of the order below imposing court costs pursuant to section 960.20, section 943.25 and section 27.3455, Florida Statutes, violates due process and we strike it without prejudice to the reimposition of such costs on remand....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 729526
...The judge also announced an aggregate amount of court costs. The defense raised no objection. A written judgment contained an itemized breakdown of the costs and fees. The costs included an assessment of statutorily authorized discretionary costs pursuant to section 943.25(13), Florida Statutes (1995)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 280569
...Williams also argues, and the State concedes, that the trial court erred by imposing restitution without holding a hearing. See Newman v. State,
575 So.2d 724 (Fla. 2d DCA 1991). We strike the award of restitution for this reason. We also strike the $2 discretionary cost imposed pursuant to section
943.25(13) because it was not announced at sentencing....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 257331
...ion
948.03(1)(k)1 and is a special condition of probation. Because the trial court did not announce the payment requirement, we strike that portion of condition 12. See Malone,
652 So.2d at 904. We also strike the $2 discretionary cost imposed under section
943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...1984), applies to costs imposed under the amended statute. [1] JOANOS and ZEHMER, JJ., concur. NOTES [1] In Jenkins, the supreme court determined that the assessment of costs against an indigent defendant under section 960.20, Florida Statutes, and Section 943.25(4), Florida Statutes, is permissible only after notice and an opportunity to object is afforded....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 339
...Lack of remorse is an invalid ground for departure from the sentencing guidelines. Weir v. State,
490 So.2d 234 (Fla. 5th DCA 1986). Finally, the trial court erred in imposing court costs on appellant of $10.00 pursuant to section 960.20, Florida Statutes (1985) and $2.00 pursuant to section
943.25(4), Florida Statutes (1985). The record does not reveal that appellant was given an opportunity to object to the assessments as required by Jenkins v. State,
444 So.2d 947 (Fla. 1984). We, accordingly, strike the costs pursuant to sections
943.25(4) and 960.20, Florida Statutes (1985), without prejudice to the trial court to assess costs against appellant in accordance with Jenkins....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 720958
...sessment without notice and hearing, pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Bourque v. State,
595 So.2d 222 (Fla. 2d DCA 1992); Wilson v. State,
675 So.2d 613 (Fla. 2d DCA 1996). Similarly, the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1995), is a discretionary cost and must be pronounced at sentencing....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 914
...Nevertheless, we do find error in the assessment of costs entered against appellant in his judgments. In each judgment appellant was ordered to pay $10 pursuant to section 960.20, Florida Statutes (1983) (Crimes Compensation Trust Fund) and $2 pursuant to section 943.25(4), Florida Statutes (1983) (Law Enforcement Training and Correctional Officer Training Trust Funds)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 601
...1984); Scott v. State,
459 So.2d 1176 (Fla. 2d DCA 1984); Drumm v. State,
432 So.2d 765 (Fla. 2d DCA 1983). We also find that in each judgment appellant was ordered to pay $15 pursuant to section 960.20 (Crimes Compensation Trust Fund) and $2 pursuant to section
943.25(4) (Law Enforcement Training and Correctional Officer Training Trust Funds)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 349981
...ny offender sentences on the authority of Jones v. State,
676 So.2d 26 (Fla. 1st DCA 1996). We affirm also the imposition of $50.00 in costs pursuant to section 960.20, Florida Statutes (for the Crimes Compensation Trust Fund), and $3.00 pursuant to section
943.25(3), Florida Statutes (for the Additional Court Cost Clearing Trust Fund), as both are statutorily mandated. Ivey v. State,
586 So.2d 1230 (Fla. 1st DCA 1991). However, we strike the imposition of $2.00 pursuant to section
943.25(13), Florida Statutes (for criminal justice education by municipalities and counties), because such a cost is discretionary and, therefore, cannot be imposed without affording a defendant notice and an opportunity to be heard....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 347783
...[1] Otherwise, these statutory conditions of probation were orally pronounced and are proper. We reverse the trial court's assessment of a $2.00 fee for the County Resolution Criminal Justice Trust Fund. This condition of probation must be stricken as it is a discretionary cost under section 943.25(13), Florida Statutes (1993), and must be orally pronounced in open court....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 60463
...e lien set aside. The defendant also challenges the imposition of two discretionary costs in violation of the procedures outlined in Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995) (en banc). We agree and strike the $2 cost imposed pursuant *615 to section
943.25(13), Florida Statutes (1993), and the cost/fine for $33....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 720926
...State,
655 So.2d 111 (Fla. 2d DCA 1995). On remand the state may seek to reimpose these costs, in accordance with Mr. Rodriguez's plea agreement, after providing proper statutory authority. We affirm the imposition of the $2.00 discretionary cost imposed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1099
...The court did not pronounce the imposition of any costs at the sentencing hearing. Nevertheless, the court's written judgment imposed court costs of $400 pursuant to section 27.3455, Florida Statutes (1985); $40 pursuant to section 960.20, Florida Statutes (1985); $5 pursuant to section 943.25(4), Florida Statutes (1985); and $4 pursuant to section 943.25(8), Florida Statutes (1985)....
CopyCited 3 times | Published | Supreme Court of Florida
...***************** The Defendant is hereby ordered to pay the sum of ten dollars ($10.00) pursuant to F.S. 960.20 (Crimes Compensation Trust Fund). The Defendant is further ordered to pay the sum of two dollars ($2.00) as a court cost pursuant to F.S. 943.25(4). [] The Defendant is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S. 943.25(8)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 316322
...State, 20 Fla. L. Weekly D467,
655 So.2d 111 (Fla. 2d DCA Feb. 15, 1995) (en banc). We, therefore, must strike the imposition of $45 for costs of prosecution and the $2 portion of the total $5 amount assessed for the Criminal Justice Trust Fund pursuant to section
943.25(13), Florida Statutes (1991)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 274135
...1921,
32 L.Ed.2d 612 (1972), justifying an investigatory stop. We are compelled, however, to strike certain costs imposed at sentencing: a $33 cost imposed without statutory authority, see Taylor v. State,
664 So.2d 1113, 1114 (Fla. 2d DCA 1995); a cost of $2 imposed pursuant to section
943.25(13), Florida Statutes (1993), without oral pronouncement, see Taylor,
664 So.2d at 1114; a lab fee of $100 to the Florida Department of Law Enforcement imposed without documentation or inquiry into Washington's ability to pay, see § 939.01, Fla.Stat....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...The whole of said assessment shall be paid by the Clerk of the Court to the appropriate fund of the County to be used exclusively in providing law enforcement education for the Brevard County Sheriff's Department. The ordinance was created pursuant to Section 943.25, Florida Statutes (1977), which authorized the Division of Standards and Training to establish and supervise an advanced and highly specialized training program for training police officers and support personnel....
...Subsection (5) of that statute then stated that: Municipalities and counties may assess an additional $1, as aforesaid, for law enforcement education expenditures for their respective law enforcement officers. These statutory subsections were then amended in 1981 and renumbered as Sections 943.25(4) and 943.25(8)(a), [1] Florida Statutes respectively....
...The amendment reflected a change in the sums to be assessed in subsections (3) and (5) from $1 to $2. Pursuant to this amendment Brevard County then amended its ordinance No. 77-30, renumbering it No. 81-54, to increase the $1 sum to $2. Meanwhile, also in accordance with Section 943.25, Florida Statutes, each of the appellee cities also adopted ordinances providing for the setting aside of the statutory sum of $1 under the 1977 statute and, later, $2 under the 1981 revision, for fines and forfeitures collected from offenses committed within their respective city limits....
...Likewise, in accordance with the various city ordinances, the Clerk also deducted one additional dollar for fines and forfeitures arising from violations occurring within municipalities and set it aside for the training funds of the cities. Finally, pursuant to Section 943.25(3), Florida Statutes (1977), the Clerk set aside a $1 sum from each fine or forfeiture for state law enforcement training purposes....
...sputed Sheriff's training fund deductions from fines and forfeitures for offenses committed within the cities. On July 8, 1983, the trial court rendered an order ruling in favor of the plaintiff cities. After discussing the historical development of Section 943.25, Florida Statutes, the court declared County Ordinance Nos. 77-30 and 81-54 invalid to the extent that they purport to authorize assessment of costs under former Section 943.25(5) and present Section 943.25(8)(a) for violations occurring in municipalities. The court also enjoined the further assessment of costs under Section 943.25(8)(a) for violations committed in municipalities and required that all monies collected and being held in escrow be disbursed to the respective municipalities entitled to them. This order was incorporated into a final judgment. In determining that Brevard County Ordinance 77-30 and 81-54 were invalid "to the extent they purport to authorize assessment *110 of costs under former Section 943.25(5) and present Section 943.25(8)(a) for violations occurring in municipalities," the trial court took a detailed look at the history of Section 943.25(8)(a) and concluded: To permit the County to deduct the $2.00 cost in question on violations committed in municipalities would create disparity between the jurisdictions based solely on the site of the violations....
...Sub judice, the issue before the lower court involved only the administrative application of Brevard County ordinances 77-30 and 81-54 to offenses committed within incorporated cities.) The true issue here centers around the county's interpretation of Section 943.25, Florida Statutes, and its implementation of that interpretation through the subject county ordinances. Therefore, in order to determine if that interpretation was correct, as well as reasonable, the trial court looked to the history of Section 943.25, Florida Statutes to discover the intent behind it....
...Never would the county receive a dollar from any fines processed by the city courts. Sections 23.103 and 23.105 remained unchanged until August 8, 1974, when the Department of Criminal Law Enforcement was created under Chapter 74-386, Laws of Florida (1974). At that time, Sections 23.103 and 23.105 were renumbered Section 943.25(3) and Section 943.25(5) respectively. While some changes were made in the wording of Section 943.25(3), no changes were made in the amount of costs deducted for law enforcement training in either of the statutory sections. In January, 1977, the municipal courts ceased to exist and in August, 1977, Brevard County adopted Ordinance 77-30 implementing the $1 authorization of Section 943.25. Despite the abolition of the municipal courts and except for the change in the statute for $1 to $2, Section 943.25(8)(a), in substance, reads the same today as it did in 1969....
...l statute could not have been interpreted to allow a county to collect a dollar for every fine for its Sheriff's Department regardless of whether it was assessed in municipal court or county court; 2) the legislature had many opportunities to change Section 943.25, Florida Statutes from 1969 to 1977 to make it clear that counties could not collect a dollar amount for fines within municipalities but chose not to do so; 3) the fact that there were no longer municipal courts in 1977 should in no way change the assessment of costs to the cities....
...ial court's interpretation of the subject statute and its subsequent invalidation of the Brevard County ordinance as far as the assessment of multiple fines is concerned are affirmed. AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 943.25(8)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 412449
...remand, the State must request it and document the amount. See Imhoff v. State,
673 So.2d 94 (Fla. 2d DCA 1996); Golden v. State,
667 So.2d 933 (Fla. 2d DCA 1996); § 939.01, Fla. Stat. (1995). With respect to the $2 discretionary cost authorized by section
943.25(13), Florida Statutes (1995), the trial court must orally impose it at the sentencing hearing....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 22932
...On remand, however, *431 the state may seek to reimpose these costs in accord with appellant's plea agreement by providing the proper statutory citation supporting their assessment. See Evans v. State,
653 So.2d 1103 (Fla. 2d DCA 1995). Finally, we affirm the imposition of the discretionary cost imposed under section
943.25(13), Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...[1] After a jury trial, Brown was adjudged guilty and sentenced for burglary and two counts of petit theft. Additionally, the court assessed the following costs against him: court costs of $67; $10, pursuant to section 960.20 (Crimes Compensation Trust Fund); $2, pursuant to section 943.25(4), and $1, pursuant to section 943.25(8) (Law Enforcement Training and Correctional Officer Training Trust Funds)....
...State,
419 So.2d 412 (Fla. 2d DCA 1982); Ivory v. State,
419 So.2d 695 (Fla. 2d DCA 1982). But see Griggs v. State,
416 So.2d 1270 (Fla. 5th DCA 1982). Therefore, we strike the $67 court costs and the costs of $10, $2, and $1 assessed under section 960.20 and sections
943.25(4) and (8). The First District recently held that a finding of indigency under section
27.52 is not applicable to the costs imposed by sections 960.20 and
943.25, i.e., for the crimes compensation and law enforcement and correctional officers funds....
...We think that Jenkins is a well-reasoned and enlightened opinion; however, we feel constrained by *273 earlier opinions of this court which conflict with Jenkins. We find considerable merit in the First District's conclusion that court costs imposed against an indigent defendant under sections 943.25 and 960.20 should be viewed in a different light from court costs generally....
...ed in the judgment rendered against the defendant. And, as noted, section 939.15 requires the county where the crime was committed to pay such costs for a defendant who has been found insolvent. On the other hand, costs, when assessed under sections 943.25 and 960.20, are set at very minimal amounts....
...While a defendant may be indigent within the statutory meaning of the term, i.e., unable to pay for the services of an attorney without undue hardship, it is arguable that the defendant may be able to make the minimal payments required under sections 943.25 and 960.20....
...in Griggs, we certify the following question as one of great public importance: DOES AN ADJUDICATION OF INDIGENCY UNDER SECTION
27.52, FLORIDA STATUTES (1981), AUTOMATICALLY BAR ASSESSMENT OF COSTS AGAINST A DEFENDANT PURSUANT TO SECTION 960.20 AND SECTION
943.25(4) and (8)? In reviewing defendant's judgment and sentences imposed in this case, we observed that he was also ordered to pay a lien in the amount of $1,472.50 for court appointed counsel, a fine of $952.38, and a surcharge of $47.62 as required by section 960.25....
...ndigent defendant. See Anderson v. State,
415 So.2d 49 (Fla. 2d DCA 1982). [3] While the cited cases specifically refer to the Crimes Compensation Fund, there are other cases striking $2 costs which, while not stated, we surmise refer to costs under section
943.25 See Mobley v....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 749677
...rcising its authority to discharge a probationer. §
948.05, Fla. Stat. (1991)." Thus, probation condition 33 must be stricken. Of the $288.00 in costs imposed, $253.00 are mandatory and will not be stricken. The discretionary $2.00 cost pursuant to section
943.25(13) and the $33.00 "cost/fine" will be stricken because the statutory authority for those costs was not orally announced....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 141226
...y imposing costs not imposed in the original sentencing order. In the original judgment and sentence entered on April 14, 1992, the trial court ordered appellant to pay costs of $20 pursuant to section 960.20, Florida Statutes (1991), $3 pursuant to section 943.25(4), Florida Statutes (1991), and $200 pursuant to section 27.3455, Florida Statutes (1991)....
...ntences previously imposed were to be reimposed in their entirety. Despite the court's oral pronouncement, the trial court entered a written resentencing order imposing costs of $2 for the law library, $2 for GCCJA and $2 for court costs pursuant to section 943.25(13), Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 577353
...Because it was not orally pronounced in this case, it is stricken. See Nank v. State,
646 So.2d 762 (Fla. 2d DCA 1994); Malone v. State,
652 So.2d 902 (Fla. 2d DCA 1995). Appellant also challenges the imposition of $288 in court costs and a $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1995)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 675034
...Because the trial court imposed costs of prosecution without following the statutory procedure in section 939.01, Florida Statutes (1993), we reverse the investigative costs of $649. See Reyes v. State,
655 So.2d 111, 118-19 (Fla. 2d DCA 1995) (en banc). Additionally, we strike a $2 assessment. The written judgment cites section
943.25(8). This section does not apply. On remand, the state may seek reimposition of this cost under section
943.25(13) if it is properly announced....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 302289
...ion and possession of illegal drugs, but we strike the part of condition eighteen relating to the consumption and possession of alcohol because this condition was not pronounced at sentencing. Second, the trial court imposed a cost of $2 pursuant to section 943.25(13), Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 57542
...2d DCA 1988). Because appellant affirmatively agreed to the imposition of this fine when he entered his guilty plea, appellant waived any notice claim. The same rationale applies to uphold the $150 cost of prosecution imposed. The $2.00 assessment pursuant to section 943.25(8), Florida Statutes (1991), and the $3.00 assessment pursuant to section 943.25(4), Florida Statutes (1991), are stricken as not authorized by those statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...rious costs, attorney's fees, and conditions of parole against appellants. We note specifically that the trial court ordered both appellants, who previously had been adjudged insolvent, to pay costs of $10, $2, and $1, pursuant to section 960.20 and section 943.25(4) and (8), Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 73204
...ida Statutes, affirm the assessment of $225 statutory costs, and certify the above-stated question as one of great public importance. NOTES [1] The costs imposed were: $200, § 27.3455, Fla. Stat. (Supp. 1988); $20, § 960.20, Fla. Stat. (1987); $3, § 943.25[(3)], Fla. Stat. (1987); $2, § 943.25[(13)], Fla. Stat. (1987). The citations to section 943.25 have been corrected to correspond to the 1987 Florida Statute; the subsections actually cited in the order withholding adjudication are to an earlier version of the Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 134749
...James Bauman appeals his judgment and sentences for felony driving under the influence of alcohol and for driving with a suspended driver's license. Bauman raises four issues on appeal. We find that only those issues related to costs, fees, and an amended probation order have merit. First, section 943.25(4), Florida Statutes (1989), which is printed on the final judgment and utilized to impose costs of $2.50, does not authorize the imposition of costs....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1439
...Gen., West Palm Beach, for appellee. WALDEN, Judge. David Harriel, appellant, challenges his conviction for both the sale of cocaine and possession of cocaine. Appellant, an indigent, also challenges the assessment of costs pursuant to section 960.20, Florida Statutes (1981) and section 943.25(4), Florida Statutes (1981), as well as the assessment of additional court costs pursuant to section 27.3455(1), Florida Statutes (1985)....
...do so after due *510 process requirements have been met. In the instant case, the appellant received no prior notice nor was he afforded a full opportunity to object to the assessment of costs provided by section 960.20, Florida Statutes (1981), and section 943.25(4), Florida Statutes (1981)....
...State,
495 So.2d 928 (Fla. 4th DCA 1986). Accordingly, we affirm appellant's conviction and the imposition of additional costs pursuant to section 27.3455(1), Florida Statutes (1985). We reverse the court costs pursuant to section 960.20, Florida Statutes (1981), and section
943.25(4), Florida Statutes (1981), and remand for a proper hearing with notice and based thereon a determination of his ability to pay....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 67317
...he motion for clarification. At sentencing, the trial court, without prior notice or a hearing, assessed against appellant the following charges: (1) The sum of $20, pursuant to section 960.20, Florida Statutes (1987); (2) the sum of $5, pursuant to section 943.25, Florida Statutes (1987); and (3) pursuant to section 960.25, Florida Statutes (1987), the sum of $2,500, representing a five percent surcharge on the $50,000 fine assessed against appellant....
...v. State,
444 So.2d 947 (Fla. 1984). Appellant then asked us to clarify which of the charges listed above the trial court should consider to be costs when deciding whether to assess costs against him. The express language of both sections 960.20 and
943.25 calls the charges to be assessed "costs." The supreme court has treated charges under these statutes as costs....
...te effect of [the bail surcharge was to impose] a pretrial cost upon every defendant rather than a posttrial penalty upon those actually found guilty." On remand, then, the trial court shall consider the imposition of costs under sections 960.20 and 943.25, but shall not include the surcharge under section 960.25....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 30465
...The prosecutor was merely submitting a conclusion which he alleged could be drawn from the evidence. See Craig v. State,
510 So.2d 857, 865 (Fla.1987). We see no error, even if the issue had been preserved for review. The State concedes that the trial court erred by failing to orally announce the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1995)....
...The State filed the information against Mr. Parker months after the Reyes decision. Mr. Parker was convicted fourteen months after that decision. Nevertheless, the form judgment used in this case automatically included the $2 discretionary cost pursuant to section 943.25(13), Florida Statutes (1995), within a combined cost of $255....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 144
...We agree that the trial court erred in assessing these costs. The trial court assessed costs against appellant, an indigent, in the amount of $200 pursuant to section 27.3455, Florida Statutes (1985), $20 pursuant to section 960.20, Florida Statutes (1985), and $2 pursuant to section 943.25(8), Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2566
...We agree with the defendant's contention that the trial court erred by imposing costs of $224.50 against him. The defendant had been adjudged insolvent. Therefore, the court's imposition of $20 pursuant to section 960.20, Florida Statutes (1985), $2.50 pursuant to section 943.25(4), Florida Statutes (1985), and $2.00 pursuant to section 943.25(8), Florida Statutes (1985), must be stricken since defendant was not given notice of the assessment or an opportunity to object to it....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2011
...Further, a formal written order indicating that Davis' earlier sentence of probation is revoked must also be entered. See, Cornett v. State,
506 So.2d 88 (Fla.2d DCA 1987). Davis also asserts that the trial court committed error in imposing costs pursuant to section
943.25(4) and 960.20, Florida Statutes (1985), without the notice and hearing called for in Jenkins v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1997 WL 677990
...However, the oral announcement was unnecessary after the standard conditions were published in the Florida Rules of Criminal Procedure. See State v. Hart,
668 So.2d 589 (Fla.1996); Houston v. State,
701 So.2d 372 (Fla. 2d DCA 1997). Finally, we strike the $2 cost imposed under section
943.25(13), Florida Statutes (1995), which was not orally pronounced at sentencing....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 670107
...crack cocaine and the circumstances of its possession were consistent with possession with the intent to sell, as contrasted with simple possession. See Bruce v. State,
616 So.2d 504 (Fla. 3d DCA 1993). *774 We strike the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because the trial court did not announce this discretionary cost at sentencing....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 290584
...n, as statutorily authorized by section
948.03, and the portion prohibiting Scott from consuming and possessing illegal drugs. See Callaway v. State,
658 So.2d 593, 595 (Fla. 2d DCA 1995). We also strike the $2 discretionary cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because it was not orally announced at sentencing....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1997 WL 280103
...At sentencing, the trial court announced $300 in state-mandated costs and a fine, and set the fine to be "anything in excess of state-mandated costs." The judgment itemizes mandatory costs of $20 pursuant to section 960.20, Florida Statutes (1995), and $3 pursuant to section 943.25(3), Florida Statutes (1995), and a discretionary cost of $2 pursuant to section 943.25(13)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 302306
...ion and possession of illegal drugs, but we strike the part of condition eighteen relating to the consumption and possession of alcohol because this condition was not pronounced at sentencing. Second, the trial court imposed a cost of $2 pursuant to section 943.25(13), Florida Statutes (1991)....
...tricken. See Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995). Next, the trial court imposed a cost of $50 pursuant to section 960.20, Florida Statutes (1991). This is a mandatory cost and was correctly assessed. Further, $3 was assessed pursuant to section
943.25(3), Florida Statutes (1991), which is also mandatory and is therefore valid....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellee. BOARDMAN, Acting Chief Judge. Ronald Lee Monk appeals the portions of his sentence requiring him to pay $2 in court costs pursuant to section 943.25(4), Florida Statutes (1981); $1 pursuant to section 943.25(8); $10 to the Crimes Compensation Trust Fund; and $487 in additional court costs....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 703
...On November 20, 1985, Dilla pled no contest to the extortion charge and the state nolle prossed the kidnapping charge. Dilla was adjudicated guilty and, without a determination of indigency, ordered to pay court costs, including: $20.00 pursuant to section 960.20, Florida Statutes (1985); $2.00 pursuant to section 943.25(8), Florida Statutes (1985); and $200.00 pursuant to section 27.3455, Florida Statutes (1985)....
...Consequently, we strike that part of the judgment assessing payment of costs. In sum, we reverse the order imposing $200.00 costs pursuant to section 27.3455. Section 27.3455 may not be applied retroactively. We also reverse the orders assessing $20.00 pursuant to section 960.20 and $2.00 pursuant to section 943.25(8) without prejudice to the state to seek imposition of those costs after appropriate notice and hearing as provided in Jenkins....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 334336
...In this matter presented to us pursuant to Anders v. California,
386 U.S. 738,
87 S.Ct. 1396,
18 L.Ed.2d 493 (1967), we affirm the conviction. We must, however, remand for proper imposition of costs. The cost of $2.00 for the criminal justice education fund is a discretionary cost pursuant to section
943.25(13), Florida Statutes (1993), and may not be imposed without oral notification to the defendant....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 15512
...of cocaine was entered January 13, 1994, and waived the $200 trust fund cost pursuant to section 27.3455, Florida Statutes, the $50 crimes compensation trust fund cost pursuant to section 960.20, Florida Statutes, and the $5 court costs pursuant to section 943.25(4), Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Gen., Tampa, for appellee. PER CURIAM. Leon Kerney appeals from a conviction and sentence for burglary. In the judgment, appellant was ordered to pay $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
...Because he is an indigent, appellant argues that the portion of the trial court's order assessing such costs is improper. In Jenkins v. State,
444 So.2d 947 (Fla. 1984), the supreme court determined that the assessment of costs under section 960.20 and section
943.25(4) against an indigent defendant was permissible only after the defendant has been given adequate notice of such assessment and full opportunity to object to the assessment....
...40,
94 S.Ct. 2116,
40 L.Ed.2d 642 (1974). These costs have no priority over costs owed to the county pursuant to section 939.15, Florida Statutes (1981). Here, as in Jenkins, no prior notice was given to appellant that costs under section 960.20 and section
943.25(4) would be assessed against him....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 13452, 1996 WL 738367
...1st DCA 1996)(where order does not point to specific statutory authority allowing for recovery of costs in criminal case, order must be reversed and remanded for reference to applicable statute or deletion of unsupported cost). Although the written judgment cites section 943.25(3), Florida Statutes (1993), *975 that particular section merely mandates that three dollars be collected for the Criminal Justice Trust Fund....
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 655, 2009 Fla. LEXIS 2016, 2009 WL 4347311
...COMPLY; RECORD OF CONVICTIONS (a) Costs. When a defendant charged with a criminal offense elects to exercise *180 the option of receiving a withheld adjudication under section
318.14(10), Florida Statutes, law enforcement education assessments under section
943.25, Florida Statutes, and victims-of-crimes compensation costs and surcharges pursuant tounder sections 960.20 and 960.25938.03 and
938.04, Florida Statutes, shallmust be assessed, in addition to the court costs assessed by section
318.14(10), Florida Statutes....
...ection
318.14(9), Florida Statutes, within 30 days of receiving a citation or, if a hearing was requested, at any time before trial. Attendance at a driver improvement school shall not operate to waive the law enforcement education assessments under section
943.25, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 757921
...2d DCA 1994). We also reverse the $100 assessment for the FDLE lab fee since the trial court failed to determine the appellant's ability to pay this fee. Callaway v. State,
658 So.2d 593 (Fla. 2d DCA 1995). Lastly, we reverse the $2 cost item imposed under section
943.25(13), Florida Statutes (1993)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 755569
...The defendant's appellate counsel has filed a brief pursuant to Anders v. California,
386 U.S. 738,
87 S.Ct. 1396,
18 L.Ed.2d 493 (1967). After an independent review of the record and the law, we see no error affecting his convictions and, therefore, affirm. However, we strike the $2 court cost assessed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 124
...Although the court did not pronounce the imposition of costs at the sentencing hearing, the written judgment imposed court costs of $200.00 pursuant to section 27.3455, Florida Statutes (1985), $20.00 pursuant to section 960.20, Florida Statutes (1985), and $2.00 pursuant to section 943.25(4), Florida Statutes (1985)....
...a Statutes (1985). We also certify the question set out in Bowman to the Florida Supreme Court as a question of great public importance. Appellant's second point on appeal is that the trial court's imposition of costs pursuant to sections 960.20 and 943.25(4), Florida Statutes (1985), did not comport with the procedural safeguards set out in Jenkins v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 21517
...State,
588 So.2d 1007, 1009 (Fla. 5th DCA 1991). . Rule 6.560. Conviction of Traffic Infraction An admission or determination that a defendant has committed a traffic infraction shall constitute a conviction as that term is used in chapter 322, Florida Statutes, and section
943.25, Florida Statutes....
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 539, 1985 Fla. LEXIS 3911
law enforcement education assessments under section 943.-25(4) and (8), Florida Statutes, and victims of
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 10251, 1997 WL 536989
PATTERSON, Judge. We affirm Sheldon Young’s judgment and sentence for aggravated battery with a firearm. We strike from his sentence, however, the $2 discretionary cost imposed pursuant to section 943.25(13), Florida Statutes (1995), because it was not orally imposed at the sentencing hearing....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9830, 1993 WL 383496
...The judgment lists the battery as a third-degree felony. Battery is a first-degree misdemeanor. Section
784.03(2), Fla.Stat. (1991). The trial court, upon remand, shall correct the judgment to show this. The judgment reflected the following costs: $20 pursuant to section 960.20; $3 pursuant to section
943.25(4); $2 pursuant to section
943.25(8); and $200 as additional court costs....
...We remand for entry of a judgment which shows the correct statutory authority. See Veracierta v. State,
589 So.2d 950 (Fla.2d DCA 1991). We affirm the convictions and sentence and remand for corrections to the judgment. The defendant does not need to be present. FRANK, C.J., and RYDER and PARKER, JJ., ^concur. . Section
943.25(3), Florida Statutes (1991) mandates a $3 cost for the criminal justice trust fund. Section
943.25(13), Florida Statutes (1991) authorizes local governments to require the court to impose a $2 cost for criminal justice education degree programs and training courses....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 10100, 1995 WL 561234
PER CURIAM. John Medina appeals the judgment and sentence imposed upon revocation of his probation. We find merit only in his arguments addressing the imposition of court costs. The trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2076, 1988 Fla. App. LEXIS 3896, 1988 WL 90406
...the offenses. The trial court found the appellant to be indigent for purposes of court costs. However, without a hearing or prior notice the court imposed twenty dollars pursuant to section 960.20, Florida Statutes (1985); three dollars pursuant to section 943.25(4); two dollars pursuant to section 943.25(8), and two hundred dollars pursuant to section 27.3455, for each conviction, totaling four hundred fifty dollars in court costs....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9788, 21 Fla. L. Weekly Fed. D 2083
...Because this is an An-ders appeal, the appellant was given the opportunity to file a pro se brief and he did so. After careful consideration of the issue raised by the appellant pro se, we find that issue to be without merit. However, we recognize that the trial court erred in imposing a $2 cost pursuant to section 943.25(13), Florida Statutes (1993), *1257 because imposition of that cost was not announced at sentencing....
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670
law enforcement education assessments under section
943.25(4) and (S), Florida Statutes, and victims of
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 10579, 1997 WL 577593
PER CURIAM. We affirm in all respects except we remand to the trial court to strike the $2.00 discretionary assessment pursuant to section 943.25(13)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2275, 1987 Fla. App. LEXIS 10286
...ay court costs. 7 The record on appeal also fails to show that Thomas was given adequate notice and opportunity to object to the imposition of court costs. 8 Therefore, that portion of the order below imposing court costs pursuant to section 960.20, section 943.25 and section 27.3455, Florida Statutes, violates due process and we strike it without prejudice to the reim-position of such costs on remand....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 9646, 1995 WL 539072
...However, we strike certain costs imposed upon the appellant since they are discretionary costs which were not announced at sentencing. Specifically, we strike the $50 cost imposed under section 939.01, Florida Statutes (1993); the $2 cost imposed under section 943.25(13), Florida Statutes (1993); and the $200 cost imposed under section 27.56, Florida Statutes (1993), for public defender fees....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382
...s, after the finding of the official. Rule 6.560 Conviction of Traffic Infraction An admission or determination that a person has committed a traffic infraction shall constitute a conviction as that term is used in Chapter 322, Florida Statutes, and section 943.25(4) and (8), Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by statute or rule of procedure....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...ying 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." 1 (e.s.) This section was formerly contained in section 943.25 (13), Florida Statutes (1995)....
...gorize the statutory provisions relating to court 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 there...
...s required to complete certain general education courses to receive his or her degree in criminal justice, the funds collected from the additional $2 assessment could be expended. Thus, this office concluded that the additional costs collected under section
943.25 (13), Florida Statutes (1993), could only be used for courses that relate directly to criminal justice education and training courses and may not be used to fund general education for law enforcement 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....
...at expenditures are in conformance with the 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. Stat., without other amendment. Section
943.25 (13) was created by s. 8, Ch. 74-386, and originally designated s.
943.25 (5). See also , s. 23.105, Fla. Stat. (1973), which was substantially carried forward as
943.25 (5), Fla....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103
...rida v. ___________ Defendant *4 The defendant is hereby ordered to pay the following sums if checked: CHARGES/COSTS/FEES ___ $50.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund). ___ $3.00 as a court cost pursuant to section 943.25(3), Florida Statutes (Criminal Justice Trust Fund). ___ $2.00 as a court cost pursuant to section 943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties)....
CopyPublished | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2199, 1987 Fla. App. LEXIS 10185
...Immediately upon conviction Thompson was adjudicated guilty and the sentencing hearing commenced. Thompson was sentenced within the presumptive guidelines range to twelve years incarceration with credit for 1,085 days served. The court imposed a $500 fine as well as the following costs: $3.00 pursuant to section 943.25(4), Florida Statutes (1985); $2.00 pursuant to section 943.25(8), Florida Statutes (1985); $20.00 pursuant to section 960.20, Florida Statutes (1985); and $200 pursuant to section 27.-3455, Florida Statutes (1985)....
...Thompson’s crime was committed on December 14, 1983. Therefore the trial court improperly imposed costs under section 27.-3455, Florida Statutes (1985). Yost v. State,
507 So.2d 1099 (Fla.1987). This court has held that it is error to impose costs under sections
943.25 and 960.20, Florida Statutes (1985) where a defendant is indigent and is not provided with notice and an opportunity to he heard....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 11218, 1997 WL 614902
PER CURIAM. We affirm appellant’s conviction and sentence, except for that portion which imposes a $2.00 County Resolution Criminal Justice Trust Fund fee pursuant to section 943.25(13), Florida Statutes, (1995)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 10358, 1996 WL 563556
...dom tests for alcohol or drugs. These conditions are hereby stricken since they were not orally pronounced before imposition. We also strike the $33.00 eost/fine imposed without reference to any statutory authority, and the $2.00 imposed pursuant to section 943.25(13), Florida Statutes (1993), since it was not orally pronounced....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 11233, 1995 WL 627922
...It was improper to impose a consecutive sentence for the robbery since the offenses occurred during a single criminal episode. See Hale v. State,
630 So.2d 521 (Fla.1993), cert. denied, — U.S. -,
115 S.Ct. 278 ,
130 L.Ed.2d 195 (1994). In addition, the trial court erred in imposing the discretionary $2 cost pursuant to section
943.25(13), Florida Statutes (1993), without announcing it at sentencing, and in imposing the $1,245 cosVfme without citing statutory authority for imposing the cost....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 11409, 1995 WL 621552
...al equivalency diploma, or have basic or functional literacy skills. We strike that condition since, as conceded by the state, the appellant has already obtained his high school diploma and is literate. We also strike the $2 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), for criminal justice education programs and training courses, since it is a discretionary cost and the trial court did not give the appellant an opportunity to be heard....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685
..., may grant a new hearing. RULE 6.560. CONVICTION OF TRAFFIC INFRACTION An admission or determination that a persondefendant has committed a traffic infraction shall constitute a conviction as that term is used in Cchapter 322, Florida Statutes, and section
943.25, Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by statute or rule of procedure. Elections under section
318.14(9) or (10), Florida Statutes, wherewhen adjudication is withheld, shall not constitute convictions, but shall involve the collections of assessments pursuant to section
943.25, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2353, 1987 Fla. App. LEXIS 12227
20, Florida Statutes. (1985), $2.50 under section 943.-25(4), Florida Statutes (1985), and $200 costs
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 459, 1984 Fla. LEXIS 3456
...It, is so ordered. BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. IV. TRAFFIC INFRACTIONS Rule 6.470 Costs (c) In addition to the costs provided above,-those The assessments for law enforcement training established in section 943.25(4) and (8), Florida Statutes, shall be collected, in addition to the civil penalty....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 10781, 1996 WL 592698
...eatment; it is a special condition of probation which was not orally pronounced. State v. Hart,
668 So.2d 589 (Fla.1996). Finally, we strike the $433.00 cost/ fine which was imposed without statutory authority, and the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), since it was not orally pronounced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 10661, 1995 WL 601372
...uthority. Martin v. State,
640 So.2d 1241 (Fla. 2d DCA 1994). We strike this cost without prejudice for the state to seek reimposition with the citation to proper statutory authority. Lastly, we must strike the $2.00 assessment for costs pursuant to section
943.25(13), Florida Statutes (1993), because this discretionary cost was not orally pronounced during sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 11677, 1995 WL 654456
...Russell Leroy Brooks, Jr., appeals Ms conviction for burglary, alleging trial errors and errors in the costs and restitution wMch the court imposed. We affirm the conviction and imposition of restitution but strike certain costs. The state concedes that the $2 cost for Criminal Justice Education pursuant to section 943.25(3), Florida Statutes (1993), was not pronounced at the sentencing hearing....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 11408, 1991 WL 231786
...e: (1) $50.00 in costs in accordance with the schedule of costs set forth in section 27.3455(1), Florida Statutes (1989); (2) an additional cost of $20.00 pursuant to section 960.20, Florida Statutes (1989); and (3) a court cost of $3.00 pursuant to section 943.25(3), Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2551, 1987 Fla. App. LEXIS 10865
...respects. At sentencing on the various charges, the trial court made no oral pronouncement of its intention to assess any costs. In the written judgment on the grand theft charge, however, the trial court ordered the appellant to pay $2 pursuant to section 943.25(8), Florida Statutes (1985)....
...Furthermore, in the written judgment for the other four charges, all of which were alleged to have occurred on July 1, 1985, the trial court ordered the appellant to pay $200 pursuant to section 27.3455, Florida Statutes (1985), $20 pursuant to section 960.20, Florida Statutes (1985), $2.50 pursuant to section 943.25(4), Florida Statutes (1985), and $2 pursuant to section 943.25(8), Florida Statutes (1985)....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12604, 1995 WL 698916
...s and the imposition of certain probation conditions in connection with their convictions of misdemeanor offenses. The trial court assessed each appellant identical costs: $50.00 pursuant to section 960.20, Florida Statutes (1993), $3.00 pursuant to section 943.25(3), Florida Statutes (1993), $2.00 pursuant to section 943.25(13), and $20.00 as a court improvement fund (CIF) cost....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12609
...e. The appellant challenges a judgment and sentence for escape and an order revoking probation on a prior offense. We affirm the escape conviction, the revocation of probation, and the sentences. We strike, however, a $2.00 cost assessed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12608, 1995 WL 700368
...nced at sentencing: the second sentence of condition 4 relating to weapons, and the portion of condition 7 relating to excessive use of intoxicants. See Hart v. State,
651 So.2d 112 (Fla. 2d DCA 1995). Furthermore, the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), must be stricken....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21805
PER CURIAM. Defendant appeals his conviction of grand theft. In one of the two points raised on appeal, defendant alleges that the trial court erred in imposing a $10.00 fee pursuant to § 960.20, Fla.Stat. and in imposing a $2.00 fee pursuant to § 943.25(4), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 12289, 1996 WL 673296
...Accordingly, we affirm appellant’s convictions and sentences. However, we reduce the award of $4.00 in costs attributable to the Bay County law library to $2.00. Ch. 69-835, § 7, at 106, Laws of Fla. We strike the award of $2.00 in costs pursuant to section 943.25(3), Florida Statutes (1995) (for criminal justice education by municipalities and counties), because such an award is discretionary and, therefore, can *1238 not be made without affording a defendant notice and an opportunity to be heard....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12295, 1996 WL 673343
...Burgess also challenges certain costs that were imposed as part of his sentence. The trial court imposed $270 in various itemized costs. Under Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995), the trial court erred in imposing $15 for the Court Improvement Fund. The court also erred in imposing a $2 discretionary cost under section
943.25(13), Florida Statutes (1993), without orally announcing it....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12279, 1995 WL 692003
...That portion of condition (12) which requires Rausch to pay for drug testing must be struck because the trial court did not orally pronounce it at sentencing. See Luby v. State,
648 So.2d 308 (Fla. 2d DCA 1995); Cumbie v. State,
597 So.2d 946 (Fla. 1st DCA 1992). The $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1991), for the Local Criminal Justice Education Fund is discretionary and requires oral pronouncement at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12323, 1996 WL 670450
...Curry challenges the denial of his motion to suppress and the costs imposed at sentencing. We find that Curry’s motion to suppress was correctly denied and affirm his adjudication and sentence without discussion, but we strike one court cost. A cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
...er_ State of Florida *492 v. Defendant CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: _$50.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund). _$3.00 as a court cost pursuant to section 943.25(3), Florida Statutes (Criminal Justice Trust Fund). _$2.00 as a court cost pursuant to section 943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties)....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2661, 1987 Fla. App. LEXIS 11105, 1987 WL 1685
...ial portion of the sentence. Other costs were levied by the trial court but they were not mentioned at the hearing and hence there was no opportunity for Dudeck to object; they were simply embodied in the written judgment. The $2 imposed pursuant to section 943.25(4), Florida Statutes (1985), and the additional costs in the amount of $50 are, therefore, stricken....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 11931, 1995 WL 675318
...See Zeigler v. State,
647 So.2d 272 (Fla. 4th DCA 1994). The trial court also erred in requiring appellant, without pronouncement in open court, to pay $2 for the “County Resolution Criminal Justice Trust Fund” as this is a discretionary cost under section
943.25(13), Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2623, 1987 Fla. App. LEXIS 11018
...him advance notice and an opportunity to be heard. Jenkins v. State,
444 So.2d 947 (Fla.1984). Accordingly, we affirm the appellant’s judgment and sentences except we strike that part of the judgment imposing costs pursuant to sections 960.20 and
943.25(4), Florida Statutes (1985) and Hillsborough County Code, section 2-292 (1982)....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 4959, 1997 WL 232248
PER CURIAM. In this appeal, the defendant, Robert Tynes, raises three challenges to the sentence imposed upon his conviction for robbery with a firearm. The first two issues have merit. Therefore, we strike the $2.00 discretionary cost, pursuant to section 943.25, Florida Statutes (1995)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 4674, 1996 WL 230727
...We strike the portion of condition 8 requiring Mr. Caraway to pay for random drug testing because it is *724 a special condition that must be orally pronounced at sentencing. Malone v. State,
652 So.2d 902 (Fla. 2d DCA 1995). We also strike the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because the trial court did not announce this discretionary cost at sentencing....
CopyPublished | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 4665, 1996 WL 228579
...However, we strike the additional language in condition eight requiring Williams to pay for such testing because it is not contained in the statute and was not orally pronounced at sentencing. See Luby v. State,
648 So.2d 308 (Fla. 2d DCA 1995). We strike the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
agricultural, horticultural, and livestock products. Section
943.25(1), F. S., reads in pertinent part as follows:
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5629, 1996 WL 284263
...Conditions (4) and (7) of the probation order are affirmed. See State v. Hart,
668 So.2d 589 (Fla.1996). We strike the $15.00 imposed for the court improvement fund. Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995). We also strike the $2.00 imposed pursuant to section
943.25(13), Florida Statutes (1991); this is a discretionary cost item that must be orally pronounced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5536, 1996 WL 284273
...That amount is not related to a statutory source. The balance of $253 is affirmed. See Reyes,
655 So.2d at 117 ; § 27.3455(1)(a), Fla.Stat. (1993) (court costs upon felony conviction); § 960.20, Fla.Stat. (1993) (crimes compensation trust fund); §
943.25(3), Fla.Stat....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901
...[[Image here]] The Defendant-^ hereby ordered to pay the sum- of ten dollars ($10,00) pursuant to F.S. 960.20 (Crimes Compensation Trust Fund). The Defendant is further-ordered to pay-the sum - of ■ ■ two-dollars-- ($2.00) as a court cost pursuant to F.S. 943.25(4). (Check if Applicable) The Defendant is-ordered to pay an additional sum of two-dollars ($2.00) pursuant to F.S. 943.25(8)....
...State of Florida v. Defendant CHARGES/COSTS/FEES The defendant is hereby ordered to pay the following sums if checked: _ $20.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Kmc!)! • __ $3.00 as a court cost pursuant to section 943.25(3), Florida Statutes (Criminal Justice Trust Fundh __ $2.00 as a court cost pursuant to section 943.25(13), Florida Statutes (Criminal Justice Education by Municipalities and Counties)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5305
...1921 ,
32 L.Ed.2d 612 (1972), justifying an investigatory stop. We are compelled, however, to strike certain costs imposed at sentencing: a $33 cost imposed without statutory authority, see Taylor v. State,
664 So.2d 1113, 1114 (Fla. 2d DCA 1995); a cost of $2 imposed pursuant to section
943.25(13), Florida Statutes (1993), without oral pronouncement, see Taylor,
664 So.2d at 1114 ; a lab fee of $100 to the Florida Department of Law Enforcement imposed without documentation or inquiry into Washington’s ability to pay, see § 939.01, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5158, 1996 WL 268026
...ount because the movement of the victim during the burglary and robbery satisfied the test laid out in Faison v. State,
426 So.2d 963 (Fla.1983). We agree, however, with the appellant that it was error to impose the $2 discretionary cost pursuant to section
943.25(13), Florida Statutes (1993), because the trial court did not give the appellant notice of the imposition of this cost at sentencing....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1318, 1987 Fla. App. LEXIS 8353
...s lien upon him. The final judgment, however, indicates $755 as the amount of the public defender’s lien imposed and reflects that the $250 costs were imposed as follows: $20 pursuant to section 960.20, Florida Statutes (1985), $2.50 pursuant to section 943.25(4), Florida Statutes (1985), $2 pursuant to section 943.-25(8), Florida Statutes (1985), and additional court costs in the sum of $225.50 which included costs authorized by section 27.-3455, Florida Statutes (1985)....
...n him without notice and opportunity to be heard. The trial court’s pronouncement at sentencing that it was imposing $250 total costs upon appellant was not adequate notice and opportunity to be heard as to those costs imposed pursuant to sections 943.25(4), 943.25(8), and 960.20....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1317, 1987 Fla. App. LEXIS 8357
50 pursuant to section
943.25(4), Florida Statutes (1985), $2 pursuant to section 943.-25(8), Florida Statutes
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 13063
...After reviewing the brief and the record on appeal, we find no error in the order revoking probation. In the judgment, appellant was ordered to pay $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 4594, 1991 WL 75637
...879 ,
88 L.Ed.2d 917 (1986); United States v. Diaz,
690 F.2d 1352 (11th Cir.1982). Finally, Harris contends that the lower court (1) erred in imposing costs pursuant to section 27.3455, Florida Statutes (1986), section 960.20, Florida Statutes (1985), section
943.25, Florida Statutes (Supp.1986), and section
943.25(13), Florida Statutes (1987), without giving him prior notice and an opportunity to object to the assessment, and (2) erred in delegating the determination of the amount of restitution to the probation and parole officer....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 5090, 1995 WL 277052
...Charges/Costs/Fees form. From our review of the record, it appears the mandatory costs in this case total $253: $200 pursuant to section 27.3455(1), Florida Statutes (1993), $50 pursuant to section 960.20, Florida Statutes (1993), and $3 pursuant to section 943.25(3), Florida Statutes (1993). The defendant erroneously assumes that the $2 cost pursuant to section 943.25(13), Florida Statutes (1993), is a mandatory cost....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 5066, 1995 WL 277084
...eral condition of probation authorized by section
948.03(l)(i), Florida Statutes. See Emond,
652 So.2d 419 . The trial court also imposed three costs in error. First, condition 15 imposes $255 in court costs. These court costs include $2 pursuant to section
943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 4777, 1998 WL 210749
...The State concedes that this case needs to be remanded to the sentencing court to enter a new order as to costs. In this case, the sentencing court imposed an additional $2 cost which was not a mandatory cost. The only $2 statutorily authorized cost which the State could find is found in section 943.25(13), Florida Statutes (1995), for Criminal Justice Education and Training....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 20238
PER CURIAM. We affirm appellant’s conviction and sentence. However, the portions of the order requiring him to pay $10 pursuant to section 960.20, Florida Statutes (1981), and $4 pursuant to section 943.25, Florida Statutes (1981), are stricken since the trial court adjudged appellant insolvent prior to trial and appointed the public defender to represent him....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
Glenn J. Bailey Columbia County Sheriff Lake City QUESTION: May the sheriff's department purchase, by law (s. 943.25 [5], F....
...y? SUMMARY: The governing body of a county may purchase gym equipment for its law enforcement officers from additional cost assessments for law enforcement education expenditures under the Police Standards and Training Commission's interpretation of s. 943.25 (5), F....
...At the outset it should be noted that it is the duty and responsibility of the governing body of a county to budget and make appropriations for and approve, authorize, and account for the disbursement and expenditure of public funds, including those funds collected pursuant to s. 943.25 (5), F. S. See generally , Chs. 129 and 218, F. S. Section 943.25 (5), as amended by Ch....
...law enforcement officers. (Emphasis supplied.) This section was formerly contained in part IV, Ch. 23, F. S. 1973, as s. 23.105. See ss. 13 and 8, respectively, Ch. 74-386 , Laws of Florida, which repealed s. 23.105 and enacted the same provision as s. 943.25 (5), F....
...ram for the purpose of training police officers and support personnel in the prevention, investigation, detection, and identification of crime and, upon request, instructing law enforcement agencies in such highly advanced and specialized areas. See s. 943.25 (1), F....
...lege, or other organization to provide training for, or facilities for training, peace officers, which training shall include, but not be limited to, police techniques in detecting crime, apprehending criminals, and securing and preserving evidence. Section 943.25 (9)....
...The expenses of these programs are funded in part by the assessment and collection of $1 as court costs against every person convicted of violating a state criminal or penal statute or county or municipal ordinance not related to the parking of vehicles. Section 943.25 (3), as amended by s....
...See AGO 077-59 which generally discusses the funding of these programs. The assessment of the additional $1 by counties or municipalities `for law enforcement education expenditures' for law enforcement officers essentially is subject to the same conditions and limitations as set forth in s.
943.25 (3) and (7). See s.
943.25 (5) which provides that the additional $1 may be assessed by counties and municipalities `as aforesaid' for law enforcement education expenditures. See also s.
943.14 (4) requiring that all training or educational subjects taught in law enforcement schools be first approved in writing by the commission. Section
943.25 (5), F....
...enforcement officers of the respective counties and municipalities. Under the rule of statutory construction ` expressio unius est exclusio alterius ,' the mention of one thing excludes the other, the expenditure of the moneys collected pursuant to s.
943.25 (5) is limited to the purpose expressly set forth in the statute — law enforcement education. See Dobbs v. Sea Isle Hotel,
56 So.2d 341 (Fla. 1952). See also AGO 076-64 holding that the $1 cost assessment imposed pursuant to s.
943.25 (5) may be expended only for law enforcement education for law enforcement personnel. What constitutes a valid law enforcement education expenditure for the purposes of s.
943.25 (5), F....
...and expansion of knowledge ordinarily by a course of formal study or instruction. Webster's Third International Dictionary p. 723; see also Black's Law Dictionary p. 604 (`Acquisition of all knowledge tending to train and develop the individual.'). Section 943.25 (1) provides for the establishment and supervision by the division of advanced and highly specialized law enforcement training programs `in the prevention, investigation, detection and identification of crime ....
...f certificate, diploma, degree or recognition for attendance, graduation, study, or participation to students, enrollees, or participants. . . . (Emphasis supplied.) This office has previously considered for what purposes funds collected pursuant to s. 943.25 (5), F....
...See also AGO 074-134 holding that local law enforcement education programs for law enforcement officers should be submitted to the commission for approval under its minimum standards and specifications for the training and development of law enforcement officers in order to ensure that the funds collected pursuant to s. 943.25 (5) are not expended in any unauthorized law enforcement education programs. I have been informed that the commission has determined that the expenditure of training and education funds under s. 943.25 (5), F....
...he respective counties and municipalities. The commission, as the agency charged with the responsibility of approving law enforcement training and education programs, has considered that the term `law enforcement education expenditures' contained in s. 943.25 (5) encompasses the expenditure of funds collected pursuant to the foregoing statute to purchase physical fitness equipment for law enforcement officers....
...nd physical fitness of law enforcement officers it is the duty and responsibility of the governing bodies of the affected counties and municipalities to approve or disapprove the expenditures from, and the appropriation of, the funds collected under s. 943.25 (5) for such law enforcement education programs and purposes....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 20242
PER CURIAM. We affirm appellant’s convictions and sentences. However, the portions of the order assessing appellant court costs in the amount of $87 and requiring him to pay $10 pursuant to section 960.20, Florida Statutes (1981); $2 pursuant to section 943.25(4), Florida Statutes (1981); and $1 pursuant to section 943.25(8), Florida Statutes (1981), are stricken since the trial court adjudged appellant insolvent prior to trial and appointed a public defender to represent him....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
QUESTIONS: 1. Is the expenditure of moneys collected by municipalities and counties pursuant to s. 943.25 (5), F. S., limited to law enforcement training and educational purposes? 2. What fiscal procedures should be established to account for and distribute the moneys collected pursuant to s. 943.25 (5), F. S.? SUMMARY: The proceeds of the additional $1 costs assessment imposed by a municipality or county pursuant to s. 943.25 (5), F....
...s, it is the prerogative and responsibility of the governing bodies of the respective counties and municipalities assessing such additional $1 costs to establish a method of handling and accounting for the moneys collected thereby. AS TO QUESTION 1: Section 943.25 , F....
...nd $1 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances. All such costs collected are remitted to the state for deposit in the State Treasury to be credited and disbursed in the manner prescribed by s. 943.25 (3), (7), and (8), F. S. Section 943.25 (5), F....
...Sea Isle Hotel,
56 So.2d 341 (Fla. 1952); State ex rel. Shevin v. Indico Corp.,
319 So.2d 173 (1 D.C.A. Fla., 1975); Marshall v. Hollywood, Inc.,
224 So.2d 743 , 750 (4 D.C.A. Fla., 1969). Applying these rules here, the plain and obvious meaning of s.
943.25 (5), F....
...AGO's 073-284 and 074-134, both of which at least imply that the moneys so collected should be expended only for law enforcement education purposes. AS TO QUESTION 2: The approval or disapproval of expenditures for, and the appropriation of moneys collected pursuant to s. 943.25 (5), F....
...1973 (now s.
943.14 (7) and (8), F. S.), "should be submitted for approval in writing by the Police Standards Board" (now the Police Standards and Training Commission), such approval insuring that the moneys collected pursuant to s. 23.105, F. S. 1973 (now s.
943.25 (5), F. S.), would not be expended for any unauthorized law enforcement education programs. Cf. AGO 073-284. As to the appropriate fiscal procedures to be utilized to account for and distribute the moneys collected pursuant to s.
943.25 (5), F....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 2849, 1996 WL 125784
PER CURIAM. We affirm Alexander Christopher Wilson’s convictions for two counts of battery on a law enforcement officer and one count of resisting an officer with violence. We strike the $2 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), because *1105 this discretionary cost was not announced at sentencing....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...All fines and forfeitures received from violations of ordinances or misdemeanors committed within a county, or of municipal ordinances committed within a municipality within the territorial jurisdiction of the county court, shall be paid monthly to the county or municipality respectively except as provided in s.
318.21 or s.
943.25 ." 1 (e.s.) Based upon the language in this statute, this office has concluded in previous opinions that the fines and forfeitures to be disbursed to municipalities are generally those collected for violations of municipal ordinances committed within the municipality....
...Accordingly, the clerk may disburse to a municipality fines and forfeitures for violations of state law 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....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 827, 1987 Fla. App. LEXIS 12084
...After a jury trial, Frazier was adjudicated guilty of second degree murder and sentenced to seventeen years in prison. The trial court, without a determination of indigency, ordered Frazier to pay court costs, including: $20.00 pursuant to section 960.20, Florida Statutes (1985); $2.50 pursuant to section 943.25(4), Florida Statutes (1985); $2.00 pursuant to section 943.25(8), Florida Statutes (1985); and $200.00 pursuant to section 27.3455, Florida Statutes (1985)....
...Consequently, we strike that part of the judgment assessing payment of costs. In sum, we reverse the order imposing $200.00 costs pursuant to section 27.3455. Section 27.3455 may not be applied retroactively. We also reverse the orders assessing $20.00 pursuant to section 960.20; $2.50 pursuant to section 943.25(4); and $2.00 pursuant to section 943.25(8) without prejudice to the state to seek imposition of those costs after appropriate, notice and hearing as provided in Jenkins ....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2405, 1997 WL 118237
...1396 ,
18 L.Ed.2d 493 (1967), asserting there is no meritorious argument to support the contention that the trial court committed reversible error. However, counsel argues the trial court imposed certain costs without notice to the defendant. We agree and strike the $3.00 discretionary cost imposed pursuant to section
943.25(3), Florida Statutes (1995), the public defender lien in the amount of $150.00, and the $100.00 lab fee....
CopyPublished | Florida 5th District Court of Appeal | 2015 WL 1071158
...5th DCA 1994), relying on Hollingsworth , we held that court costs were to be assessed per case under section 27.3455(1), Florida Statutes (1991), and section 960.20, Florida Statutes (1991), which similarly required additional costs to be imposed “in the case.” However, we affirmed the assessment of costs pursuant to section
943.25, Florida Statutes (1991), on a per count basis, although that statute required costs to be assessed against “every person” convicted of specified crimes. Id. Just a month later, in Rocker v. State,
640 So.2d 163 (Fla. 5th DCA 1994), citing Hollingsworth , but ignoring Wallace , we struck the costs assessed on a per count basis under sections 27.3455(1) ahd
943.25....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 2341, 1997 WL 107250
PER CURIAM. We affirm appellant’s conviction and sentence, except for that portion which imposes a $2.00 County Resolution Criminal Justice Trust Fund fee pursuant to section 943.25(7), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1988 Fla. App. LEXIS 1012, 1988 WL 20576
...We affirm both the judgment and sentence, pursuant to an Anders 1 brief submitted by appellant’s counsel. On review of supplemental briefs filed by both appellant and appellee 2 , however, we reverse the trial *365 court’s order imposing costs pursuant to section 960.20 and section 943.25(4), and directing appellant to “either pay $200 to the Criminal Justice Fund or complete sixty (60) hours of community service work,” pursuant to section 27.3455, Florida Statutes. Although costs may be imposed on an indigent defendant under sections 960.-20 and 943.25(4), Jenkins v....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 1960, 1995 WL 80029
...$200 for public defender fees; $200 for costs of prosecution per section 939.01, Florida Statutes (1989); $50 for the crimes compensation fund pursuant to section 960.20, Florida Statutes (1989); and $5 in contributions to criminal justice funds per section 943.25, Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1359, 1988 Fla. App. LEXIS 2467, 1988 WL 56513
Florida Statutes, and two dollars pursuant to section 943.-25(4), Florida Statutes. We strike the assessment
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2457209, 2017 Fla. App. LEXIS 8328
...original proceedings with this court related to lower court case number 93-38756.3
1 The costs include: mandatory court costs of $50.00 imposed pursuant to section
960.20, Fla. Stat. (1993) (Crimes Compensation Trust Fund); mandatory court
costs of $3.00 imposed pursuant to section 943.25(3), Fla. Stat. (1993) (Criminal
Justice Trust Fund); discretionary court costs of $2.00 pursuant to section
943.25(13) (Criminal Justice Education by Municipalities and Counties); and
mandatory court costs of $200.00 imposed pursuant to section 27.3455(1), Fla.
Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6184, 1991 WL 95635
PER CURIAM. We affirm the appellant’s judgment and sentence but order stricken the imposition of the $2 discretionary court costs imposed pursuant to section 943.25(13), Florida Statutes (1987), without prejudice to the state to seek reimposition after proper notice and opportunity to be heard....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5910, 1996 WL 295062
...We therefore instruct the trial court on remand to impose $253.00 in statutorily mandated costs. This sum consists of: $200.00 mandated by section 27.3455, Florida Statutes; $50.00 mandated by section 960.20, Florida Statutes; and $3.00 mandated by section 943.25(3), Florida Statutes. The discretionary $2.00 cost pursuant to section 943.25(13), Florida Statutes, must be stricken because it was not orally announced....
CopyPublished | Florida 3rd District Court of Appeal | 1984 Fla. App. LEXIS 13788
...ing. Additionally, the trial court adjudged the appellant insolvent. Thereafter, the court assessed costs against appellant in the amount of $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
CopyPublished | Supreme Court of Florida | 1984 Fla. LEXIS 3140
...The issue before the district court was whether the trial court erred in assessing against the respondent, who was adjudged partially insolvent, costs of ten dollars pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Fund); two dollars pursuant to section 943.25(4), Florida Statutes (1981); and one dollar pursuant to section 943.25(8), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Funds)....
...1st DCA 1982), the district court in the instant case certified the following question to be one of great public importance: DOES AN ADJUDICATION OF INDI-GENCY UNDER SECTION
27.52, FLORIDA STATUTES (1981), AUTOMATICALLY BAR ASSESSMENT OF COSTS AGAINST A DEFENDANT PURSUANT TO SECTION 960.20 AND SECTION
943.25(4) AND (8)?
427 So.2d at 273 ....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1442, 1986 Fla. App. LEXIS 8868
...d that the $280 suggested by the assistant public defender was a reasonable fee for that purpose. Thereafter, the court also assessed costs against appellant in the amount of $20 pursuant to section 960.20, Florida Statutes (1985) and $2 pursuant to section 943.25(4), Florida Statutes (1985)....
...The fact that appellant agreed that $280 was a reasonable amount for the public defender’s fee is not synonymous with an admission of ability to pay the costs subsequently assessed. We, accordingly, strike the costs assessed pursuant to sections 943.25(4) and 960.20, Florida Statutes (1985) without prejudice to the trial court assessing costs against appellant in accordance with Jenkins ....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1442
...sation carrier of the employer of the victim, and the order to make a $15.00 payment to the Crimes Compensation Trust Fund under section 960.20, Florida Statutes (1983). We also note that the court ordered appellant to pay $2.00 in court costs under section 943.25(4), Florida Statutes (1983)....
...However, appellant committed his crime in August of 1984, therefore the 1983 version of section
775.089, *225 which requires notice and hearing, applies to this case. See Gilford v. State,
487 So.2d 53 (Fla. 2d DCA 1986). Likewise, the court erred by imposing fees and costs under sections 960.20 and
943.25(4)....
...This does not mean that a court cannot impose a fine as part of the penalty for conviction and also order restitution. Accordingly, we affirm appellant's conviction but reverse the imposition of restitution and fees and court costs under sections 960.20 and 943.25(4)....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
QUESTIONS: 1. May travel and per diem expenses be considered part of the costs borne by the state in s. 943.25 (2), F....
...ce officers participating in special training programs established and supervised by the Division of Standards and Training as approved by the Police Standards and Training Commission. The state's liability is limited to those expenses enumerated in s. 943.25 (2), although local and state law enforcement agencies may authorize per diem and travel expenses incurred by their police officers en route to and from the special training programs and facilities as part of, or in the nature of, `compensation' of such officers....
...s in highly specialized and technical areas, and an appropriation was made by the 1976 Legislature for the administration of the special technical training programs. See Item 282, s. 1 of Ch. 76-285 , Laws of Florida, the General Appropriations Act. Section 943.25 (1), F....
...t, to instruct law enforcement agencies in such highly advanced and specialized areas. Item 280, s. 1, ch. 76-285 , Laws of Florida, provides generally for the division's expenses from the General Revenue Fund and the Grants and Donation Trust Fund. Section 943.25 (6), F....
...Additionally, the collection of $1 as court costs, assessed in state and municipal courts (now abolished) against persons convicted of violating a state criminal or penal statute or municipal or county ordinance, was authorized and required under the provisions of s. 943.25 (3), F....
...funds of those sums necessary and required for the implementation of training programs and the establishment of training facilities submitted by the Department of Criminal Law Enforcement and approved by the Police Standards and Training Commission. Section 943.25 (3) and (7), F....
...nditures from general revenue for continuing operations. Item 282, s. 1, Ch. 76-285 , made a lump sum appropriation for the costs of administration and special technical training from the trust fund. AS TO QUESTION 1: You inquire as to whether under s. 943.25 (2), F. S., the state must bear per diem and travel expenses incurred en route to and from the training programs and facilities. Section 943.25 (2) provides: No fee or other charge shall be assessed against any person, municipality, sheriff, county, or state law enforcement agency for the training, room, or board of any person; said expenses shall be borne by the state ....
...Section
112.061 (6), F. S., which provides generally for per diem rates and subsistence allowances for public employees, permits the trainee to be reimbursed only for actual expenses of lodging and meals, not to exceed $25, as provided in s.
112.061 (6)(a)2. But see s.
943.25 (9)(a) and (b), F....
...or community college in the state, or any other organization' to provide training for, or facilities for training, police officers. These officers, if approved by the department, are to receive such training `without cost.' Paragraphs (a) and (b) of s.
943.25 (9), F. S., must be read in pari materia with s.
112.061 , F. S. Therefore, should the department contract with an organization to provide training or facilities for training police officers as specified in s.
943.25 (9)(a), the costs of the foregoing are not to be charged to the trainee or the state or local law enforcement agency. The costs of training, room, or board of any trainee must be borne by the state out of duly appropriated moneys for those purposes at the actual costs thereof, even though the same might exceed the $25 per diem limit set by s.
112.061 (6)(c)2. Section
943.25 (2), F....
...rsing moneys for grants or aids as specified in Item 281 of the 1976 General Appropriations Act. Accordingly, per diem and travel expenses of individuals engaged in the foregoing activities are not included within this statutory provision. Moreover, s.
943.25 (2), F. S., enumerates those expenses of the trainee for which the state will be liable. Under the rule expressio unius est exclusio alterius , the mention of one thing excludes the other, the state's liability for a trainee's expenses under s.
943.25 (2) is limited to training, room, and board. Cf . Dobbs v. Sea Isle Hotel,
56 So.2d 341 (Fla. 1952). However, the last sentence of s.
943.25 (2) provides that the payment of `compensation' to trainees is left to the discretion of the local or state law enforcement agency sponsoring the trainee....
...1941) (travel expenses); State v. Pitzenbarger, 214 N.E.2d 849 , 852 (Ohio 1965). Reimbursing a trainee for traveling expenses incurred while participating in these training programs encompasses the concept of making the trainee `whole.' Thus, it appears that the last sentence of s. 943.25 (2), F....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
any training facilities on a regional basis. Section
943.25(6), F. S. It appears that the commission has
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6733, 1997 WL 330519
...a Statutes (1993), and Ashley are met.” Wilson,
658 So.2d at 523 . As to Gilmore’s additional challenge to certain court costs, we note that all costs imposed in this instance were mandatory, with the exception of the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), which is a discretionary cost requiring oral pronouncement....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 6396, 1995 WL 353626
...The appellant, Paul Tesky, challenges his judgments and sentences for resisting an officer with violence, resisting an officer without violence, and criminal mischief. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sen *1324 tencing....
...State, 20 Fla.L.Weekly 84, — So.2d-■ [
1994 WL 714440 ] (Fla. 2d DCA Dec. 28, 1994); Sutton v. State,
635 So.2d 1032 (Fla. 2d DCA 1994). Since Tesky was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section
943.25(13) is hereby stricken....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 6395, 1995 WL 353641
WHATLEY, Judge. The appellant, Chesterfield Drakes, challenges his judgment and sentence for aggravated battery. We find merit only in his contention that the trial court erred in imposing a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without announcing that cost at sentencing....
...2d DCA 1995); Priest v. State, 20 Fla. L. Weekly 84 , — So.2d-(Fla. 2d DCA Dec. 28, 1994); Sutton v. State,
635 So.2d 1032 (Fla. 2d DCA 1994). Since Drakes was not given notice and an opportunity to be heard as to that cost, the $2.00 imposed pursuant to section
943.25(13) is hereby stricken....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 8915, 1995 WL 348285
...We affirm the lower court’s denial of the motion for judgment of acquittal and imposition of attorney’s fees. We write solely to address Daniels’ claims regarding certain costs the lower court imposed. The lower court filled out a form imposing a court cost of $3 pursuant to section
943.25(4), Florida Statutes and an additional sum of $2 pursuant to section
943.25(8), Florida Statutes. Section
943.25(4), Florida Statutes (1993) does not authorize a $3 cost and section
943.25(8), Florida Statutes (1993) does not authorize the imposition of an additional $2 cost. The referenced sections did impose these costs under the 1985 version of section
943.25, Florida Statutes. Since that time the section has been modified. * We affirm the $3 and $2 cost awards. Acankta v. State,
622 So.2d 170 (Fla. 2d DCA 1993). The current authorization for the costs the lower court imposed is section
943.25(3) and section
943.25(13), Florida Statutes....
...(Emphasis supplied.) There was no documentation of the $100 cost. Accordingly, we direct that the $100 cost be stricken from the Judgment and Sentence form. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. ERVIN, MINER, and BENTON, JJ., concur. First, section 943.25(4), Florida Statutes, which authorized the $3 cost, was reworded and the $3 was imposed in the introductory language to the section, effective July 1, 1986. Ch. 86-187, § 16, at 1388, Laws of Fla. Next, the section was reworded and the $3 was imposed pursuant to section 943.25(3), Florida Statutes, and section 943.25(8) which authorized the additional $2 was reworded and the $2 was authorized pursuant to section 943.25(13), Florida Statutes, effective October 1, 1987....
CopyPublished | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1488, 1985 Fla. App. LEXIS 14560
...Wheelock Mims appeals from a judgment and sentence for grand theft. The judgment orders Mims to pay $15.00 to the Crimes Compensation Trust Fund and to pay $2.00 to the Law Enforcement Training and Correctional Officer Training Trust Fund pursuant to, respectively, section 960.20 and section
943.25(4), Florida Statutes (1983). Mims asserts that the costs were improperly assessed against him. We agree. In Jenkins v. State,
444 So.2d 947 (Fla.1984), the supreme court determined that the imposition of costs under section 960.20 and section
943.25(4) against an indigent defendant is permissible only after the defendant has been given adequate notice of such assessment and a full opportunity to object to it. Here, no prior notice was given the appellant that costs under section 960.20 and section
943.25(4) would be assessed against him....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6239, 1997 WL 310189
...costs in each case. The judgment/hen states that the court imposed $300 in costs in each case and no fine. The judgment in both cases reflects that appellant was ordered to pay $50 pursuant to section 960.20, Florida Statutes (1995); $3 pursuant to section 943.25(3), Florida Statutes (1995); $2 pursuant to section 943.25(8), Florida Statutes (1995); and additional court costs in the amount of $245 pursuant to section 27.3455(1), Florida Statutes (1995)....
...Thus, the $245 assessment exceeds the amount allowed by statute by $45. We therefore strike these costs and remand for correction in an amount not to exceed that provided for under the statute. On remand, the trial court is also directed to correct the section of the statute cited in its $2 assessment from section 943.25(8), Florida Statutes (1995) to 943.25(13), Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1352, 1986 Fla. App. LEXIS 8299
...We do find error, however, in the assessment of costs against the appellant. *149 The trial court adjudged appellant insolvent. Thereafter, in each of two separate judgments, the court assessed costs against appellant in the amount of $15 pursuant to section 960.20, Florida Statutes (1983), $2 pursuant to section 943.25(4), Florida Statutes (1983), and an additional sum of $2 pursuant to section 943.25(8), Florida Statutes (1983)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 7963, 1996 WL 425050
...points should be subtracted from the scoresheet total of 128 which results in a lower permitted sentencing range. Filsaime also challenges the imposition of several costs which the state agrees are improper. The $2.00 court cost imposed pursuant to section 943.25(13), Florida Statutes (1993), the $25.00 cost imposed pursuant to section 939.01, Florida Statutes (1993), and the $96.00 cost imposed pursuant to administrative order must all be stricken....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1864, 1987 Fla. App. LEXIS 9634
...The court also ordered the defendant to pay court costs in each of the four cases as follows: $200 pursuant to section 27.3455, Florida Statutes (1985) with the stipulation that no gain time would be allowed until such costs were paid; $20 pursuant to section 960.20; and $2 pursuant to section 943.25(8)....
...ng. Therefore, we strike the costs imposed under section 27.3455. Moreover, the defendant was not afforded the procedural requirements of notice and an opportunity to object to the imposition of the costs imposed pursuant to *1092 section 960.20 and section 943.25(8)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1850, 1987 Fla. App. LEXIS 9617
...fteen years in prison for the sexual battery, a concurrent term of five years for the robbery, and a consecutive term of fifteen years for the burglary. The appellant was also required to pay $10 to the Crimes Compensation Trust Fund, $2 pursuant to section 943.25(8), $1175.50 in additional court costs, and an $805 public defender’s lien to be paid within five years from his release....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 7869, 1996 WL 417508
...The defendant, Vernarda Poinsetta, challenges his convictions for delivery of cocaine and obstructing and opposing an officer with violence. We find merit only in his challenge to the imposition of certain costs. We strike the cost of $2 imposed pursuant' to section 943.25(13), Florida Statutes (1993), and the assessment of $15 payable to the Hillsborough County Court Improvement Fund....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 7870, 1996 WL 417530
...The defendant asserts that the order of probation incorrectly states that he entered a guilty plea. We remand for correction of the scrivener’s error to reflect that the defendant was tried and found guilty by a jury. The defendant need not be present. We also strike the cost of $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), and the assessment of $15 payable to the Hillsborough County Court Improvement Fund....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 7974, 1995 WL 437254
...and sentence for violation of probation. However, we strike one cost imposed by the trial court and remand for Hughes to have an opportunity to file a written objection to the attorney’s fees assessed. First, a cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
Court shall not collect a dollar as provided in Section
943.25(3) or (5) of Florida Statutes. On January 13
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 8388, 1997 WL 408754
...order of probation contained in Florida Rule of Criminal Procedure 3.986. Accordingly, they need not be orally pronounced at sentencing. State v. Hart,
668 So.2d 589 (Fla.1996). In addition to other costs, appellant was ordered to pay $2 pursuant to section
943.25(13), Florida Statutes (1995) and $100 to the Manatee County Sheriffs Office for investigative costs. Since costs imposed under section
943.25(13) are discretionary, the trial court was required to orally pronounce them at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 7740, 1995 WL 421277
...We strike that portion of the condition of probation prohibiting excessive use of intoxicants because that requirement was not pronounced at sentencing. See Tomlinson v. State,
645 So.2d 1 (Fla. 2d DCA 1994). We further strike the imposition of $33 for a “cost/fine,” $2 pursuant to section
943.25(13), Florida Statutes (1993), and $493.62 in extradition costs....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 7743, 1995 WL 421396
...2d DCA 1995); condition 5 which prohibits the use of intoxicants to excess, Tomlinson v. State,
645 So.2d 1 (Fla. 2d DCA 1994); and condition 8 which requires the appellant to pay for random drug testing, Williams v. State,
655 So.2d 1205 (Fla. 2d DCA 1995). The $2 cost the trial court imposed pursuant to section
943.25(13), Florida Statutes (1993), was not announced at sentencing and must be stricken....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 8228, 1997 WL 400340
...Larry Anderson appeals the imposition of certain costs and fees at sentencing. We affirm in part and reverse in part. The written judgment states that $200 is imposed pursuant to § 27.3455, Florida Statutes (1995), $50 is imposed pursuant to § 960.20, Florida Statutes (1995), $3 is imposed pursuant to §
943.25(3), Florida Statutes (1995), and $44.77 is imposed pursuant to §
775.083, Florida Statutes (1995), plus $2.23 as the surcharge required by § 960.25, Florida Statutes (1995)....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4378
pay the sum of one dollar ($1.00) pursuant to section
943.25(3), Florida Statutes. The defendant in open
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 8152, 1997 WL 394841
...s sentenced to eighteen months probation. We have reviewed this ease according to our obhgation under In re Anders Briefs,
581 So.2d 149 (Fla.1991), and affirm Prock’s judgment. We strike from her sentence, however, the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because it was not orally imposed at the *1294 sentencing hearing....
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 71, 1998 WL 97292
...Jeffery O’Neill appeals his convictions and sentences for possession of cocaine, possession of cannabis, and possession of paraphernalia. We affirm his convictions without discussion; however, we strike two costs imposed by the trial court. O’Neill was ordered to pay $2 pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 63, 1997 WL 4532
...tion 960.20, Florida Statutes (1993), to be paid to the crimes compensation fund. The statute provides for a $50 mandatory amount; however, the trial court only imposed $20. Upon remand, the order must be corrected to reflect $50. (2) $2 pursuant to section 943.25(8), Florida Statutes (1993)....
...We affirm the judgment and sentences. We strike probation condition (31) and portions of conditions (3), (8), (18), and (20). We direct the trial court to modify probation condition (6) to include the phrase “insofar as may be possible.” We strike the $2 cost imposed pursuant to section 943.25(8) and the additional $90 cost imposed pursuant to section 27.3455(1)....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
(1973). 6 See, n 4., supra. 7 655 So.2d at 117. Section
943.25(13), Fla. Stat., considered by theReyes court
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 2, 1996 WL 1151
...1396 ,
18 L.Ed.2d 493 (1967), raising three possible issues. We find merit only in the issue regarding court costs. An independent review of the record reveals no other reversible error. As acknowledged by the state, the trial court erred in imposing a $2.00 cost under section
943.25(13), Florida Statutes (1993) without individually announcing this discretionary cost in a manner sufficient for the defendant to know the legal basis for the cost imposed....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 60, 1996 WL 1150
PER CURIAM. We affirm Johnnie Gray’s conviction for second-degree murder with a weapon. However, we remand this case to the trial court with instructions to strike the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 1, 1996 WL 1165
...We agree with Coby’s remaining argument and strike that portion of probation condition five prohibiting the use of intoxicants to excess because the court failed to announce it in court. Curry v. State,
656 So.2d 521 (Fla. 2d DCA 1995). We also strike the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes, because it was not announced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 486, 1996 WL 27897
...defendant to pay for breathalyzer, blood, or urine tests, unless the fee is waived by an officer. Malone v. State,
652 So.2d 902 (Fla. 2d DCA 1995); Tomlinson v. State,
645 So.2d 1 (Fla. 2d DCA 1994). Furthermore, the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), should also be stricken....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 394, 1996 WL 22938
...We also strike that portion of condition eleven requiring him to pay for random drug testing ordered by his probation officer. Williams v. State,
653 So.2d 407 (Fla. 2d DCA), review granted,
659 So.2d 1089 (Fla.1995). Finally, from the $255.00 total court costs imposed on Green, we strike the $2.00 imposed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 339, 1987 Fla. App. LEXIS 6405
...Lack of remorse is an invalid ground for departure from the sentencing guidelines. Weir v. State,
490 So.2d 234 (Fla. 5th DCA 1986). Finally, the trial court erred in imposing court costs on appellant of $10.00 pursuant to section 960.20, Florida Statutes (1985) and $2.00 pursuant to section
943.25(4), Florida Statutes (1985). The record does not reveal that appellant was given an opportunity to object to the assessments as required by Jenkins v. State,
444 So.2d 947 (Fla.1984). We, accordingly, strike the costs pursuant to sections
943.25(4) and 960.20, Florida Statutes (1985), without prejudice to the trial court to assess costs against appellant in accordance with Jenkins....
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 412, 1998 WL 17247
PER CURIAM. We affirm the appellant’s judgment and sentence for burglary with assault, aggravated battery on an elderly person and robbery. However, as the State correctly concedes error, we reverse the $2 discretionary cost imposed under Section 943.25(13), Florida Statutes (1995), because it was not orally imposed at the sentencing hearing....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 210, 1985 Fla. App. LEXIS 11937
...We do find error, however, in the assessment of costs against the appellant. After adjudging the appellant insolvent, the trial court assessed costs against him in the amount of $15 pursuant to section 960.-20, Florida Statutes (1983) (Crimes Compensation Trust Fund), $2 pursuant to section 943.25(4), Florida Statutes (1983) (Law Enforcement Training and Correctional Officer Training Trust Fund), and $2 pursuant to section 943.25(8), Florida Statutes (1983) (Criminal Justice Education and Training Fund)....
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3802
...Transition Rule 20, and particularly Rule 6.470(c), will result in a serious loss of revenue in the State of Florida. The Court is of the opinion that the court cost payable to the State Treasurer and municipalities and counties for law enforcement education, as provided in Chapter 74 — 386, § 8(3) and (5), (Fla.Stat. § 943.25(3) and (5), F.S.A....
...orida Statutes; (2) Three dollars for all non-moving traffic infractions; and, (3) Five dollars for all moving infractions. (c) In addition to the costs provided above, one dollar shall be collected as provided in Chapter 74-386, § 8(3), (Fla.Stat. § 943.25(3), F.S.A. (1975)), and an additional one dollar may be collected as provided in Chapter 74-386, § 8(5), (Fla.Stat. § 943.25(5), F.S.A....
...Rule 6.560 Conviction of Traffic Infraction, is amended to read: An admission or determination that a person has committed a traffic infraction shall constitute a conviction as that term is used in Chapter 322 of Florida Statutes and Chapter 74-386, § 8(3) and (5), ( Fla. Stat. § 943.25 (3) and (5), F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 90, 1997 WL 7148
...We also strike the portion of condition 12 which requires Head to pay for blood, alcohol, breathalyzer and *282 urinalysis testing. This is a special condition which must be orally pronounced before imposition. Reiter v. State,
674 So.2d 189 (Fla. 2d DCA 1996). Finally, we strike the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 107, 1990 WL 1042
...AFFIRMED in all respects, except that the portion of the judgment providing that “[t]he Defendant is hereby ordered to pay the sum of $20.00 pursuant to F.S. 960.20 (Crimes Compensation Trust Fund)” and “further ordered to pay the sum of ($5.00) as a court cost pursuant to F.S. 943.25” should be stricken....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12040
...Where no prior notice has been given, this court has stricken the assessment of such costs. Kerney v. State,
445 So.2d 381 (Fla. 2d DCA 1984). Here, nothing in the record indicates that King was given notice and an opportunity to object to the assessment of costs under sections 960.20 and
943.25(4)....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12032
...He was sentenced to two consecutive fifteen-year terms of imprisonment and ordered to pay a fine of $20,000. Additionally, the court assessed the following costs against him: court costs of $1,000; $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund); $2 pursuant to section 943.25(4) (Law Enforcement Training and Correctional Officer Training Trust Fund); and $20 pursuant to section 775.-0835 (optional fine for Crimes Compensation Trust Fund)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 1734, 1996 WL 82710
...Daniels challenges his judgments and sentences for possession of cocaine with intent tó *7 sell and possession of a firearm by a convicted felon. We affirm his judgments and sentences without discussion, but we strike one court cost and a portion of probation condition eight. First, a cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 2267, 1993 WL 48235
...We affirm Primm’s conviction and sentence, but reverse the imposition ■ of certain court costs and remand to the trial court to correct the judgment by reducing the costs in accordance with this opinion. Primm argues that the imposition of restitution and of court costs pursuant to sec *659 tions 27.3455 and 943.25, Florida Statutes (1991), should be reversed....
...The record does not demonstrate that fundamental error occurred in the assessment of restitution and the other court costs. Primm has waived these arguments by failing to object below. See Gilmore v. State,
479 So.2d 791 (Fla. 2d DCA 1985). We therefore affirm the imposition of restitution and court costs pursuant to section
943.25....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 11890
SCHEB, Judge. Robert Graham appeals from his judgment and sentence for grand theft. In the judgment, appellant was ordered to pay $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
...Because he is an indigent, appellant argues that the portion of the trial court’s order assessing such costs is improper. In Jenkins v. State,
444 So.2d 947 (Fla.1984), the supreme court determined that the assessment of costs under sections 960.20 and
943.25(4) against an indigent defendant is permissible only after the defendant has been given adequate notice of such assessment and full opportunity to object to the assessment....
...Where no prior notice has been given, this court has stricken the assessment of such costs. Kerney v. State,
445 So.2d 381 (Fla. 2d DCA 1984). Here, nothing in the record indicates that the appellant was given notice and an opportunity to object to the assessment of costs under sections 960.20 and
943.25(4)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 498, 1988 Fla. App. LEXIS 588, 1988 WL 11352
...community control which in turn was to be followed by ten years probation. In addition to ordering restitution in each of the five cases, the court ordered the appellant to pay $20 pursuant to section 960.20, Florida Statutes (1985), $3 pursuant to section 943.25(4), Florida Statutes (1985), and $200 pursuant to section 27.3455, Florida Statutes (1985)....
...ry of 1986, provided *109 that indigent defendants were to be sentenced to a period of community service in lieu of the $200 monetary costs which otherwise could be assessed under this section. As to the costs imposed pursuant to sections 960.20 and 943.25(4), this court held in Henriquez v....
...State,
518 So.2d 450 (Fla.2d DCA 1988), we acknowledged conflict with certain of our sister courts on this issue and certified the question to the supreme court as a matter of great public importance. We, accordingly, affirm the costs assessed pursuant to sections
943.25(4) and 960.20, and we again certify the question posed in Barker ....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11794
...Alphonso Williams appeals from his judgment and sentence for possession of a controlled substance. In the judgment, appellant was ordered to pay twenty dollars pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and two dollars pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
...Because he is an indigent, appellant argues that the portion of the trial court’s order assessing such costs is improper. In Jenkins v. State,
444 So.2d 947 (Fla.1984), the supreme court determined that the assessment of costs under section 960.-20 and section
943.25(4) against an indigent defendant is permissible only after the defendant has been given adequate notice of such assessment and full opportunity to object to the assessment....
...Where no prior notice has been given, this court has stricken the assessment of such costs. Kerney v. State,
445 So.2d 381 (Fla.2d DCA 1984). Here, nothing in the record indicates that the appellant was given notice and an opportunity to object to the assessment of costs under sections 960.20 and
943.25(4)....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2355
for law enforcement training established in section 943.-25(4) and (8), Florida Statutes, shall be collected
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 329, 1989 Fla. App. LEXIS 362, 1989 WL 6244
PER CURIAM. The judgment and sentence appealed from are affirmed in all respects except as to the assessment of $20 for the Crimes Compensation Trust Fund pursuant to section 960.20, $5 for court costs pursuant to section 943.25(4), and $200 for the Trust Fund pursuant to section 27.3455, Florida Statutes (1987), which the parties concede was improper in this case....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12640, 1995 WL 722923
...Kirby argues, and the state agrees, that Kirby’s sentence must be vacated and the cause remanded for the trial court to conform the written sentencing order to its oral pronouncement. See Nisbett v. State,
660 So.2d 813 (Fla. 2d DCA 1995). Further, we strike $2 in court costs imposed pursuant to section
943.25(13), Florida Statutes (1993), because the cost is discretionary, and it was not orally announced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1986 Fla. App. LEXIS 11613, 12 Fla. L. Weekly 152
...We affirm the defendant’s conviction and sentence. We find, however, that the trial judge ordered the indigent defendant to pay $10.00 pursuant to section 960.20, Florida Statutes (Crimes Compensation Trust Fund) and $2.00 as a court cost pursuant to section 943.25(4)....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11994, 1993 WL 496043
...rther proceedings. Skitka further complains that the court has erred in imposing costs and a fine when there was no provision for .such within the plea agreement. The state concedes that the $2.00 costs imposed in eases 90-187 and 92-058 pursuant to section 943.25(8), Florida Statutes (1991), should be stricken as it is not authorized....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2566, 1986 Fla. App. LEXIS 11203
...After reviewing the briefs and record on appeal, we agree the trial court erred in assessing these costs. After adjudging the appellant insolvent, the trial court assessed costs against *587 him in the amount of $20 pursuant to section 960.20 Florida Statutes (1985), $2 pursuant to section 943.25(4) Florida Statutes (1985), and $2 pursuant to section 943.25(8) Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2565, 1986 Fla. App. LEXIS 11210
...After reviewing the briefs and record on appeal, we agree the trial court erred in assessing these costs. After adjudging the appellant insolvent, the trial court assessed costs against him in the amount of $20 pursuant to section 960.20 Florida Statutes (1985), $2 pursuant to section 943.25(4) Florida Statutes (1985), and $2 pursuant to section 943.25(8) Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2556, 1986 Fla. App. LEXIS 11199
...te prison, for a total sentence of eight and one-half years. In addition to $50 court costs, the court also ordered the defendant to pay $200 pursuant to section 27.3455(1), Florida Statutes (1985); $20 pursuant to section 960.20; and $2 pursuant to section 943.25(4)....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 13514, 1995 WL 765276
...State,
650 So.2d 697 (Fla. 2d DCA 1995). The portion of condition eight that requires the appellant to pay for random drug testing is stricken. See Luby v. State,
648 So.2d 308 (Fla. 2d DCA 1995). We also strike the $2 court cost imposed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 12598, 1994 WL 714440
...The defendant, Herman Dejong Priest, appeals his judgment and sentence for robbery with a weapon. 1 We find merit only in his contention that the trial court erred in imposing costs without notice and an opportunity to be heard. Accordingly, we strike the $2 discretionary costs imposed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 13384, 1995 WL 757913
...s, and programs because the record does not reflect that the offense involved here is alcohol or drug related. See Biller v. State,
618 So.2d 734 (Fla.1993); Rodriguez v. State,
378 So.2d 7 (Fla. 2d DCA 1979). Last, we strike the $2 cost pursuant to section
943.25(13) for criminal justice education by municipalities and counties because it is discretionary and requires oral pronouncement....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 13198, 1995 WL 756292
PER CURIAM. We affirm the appellant’s jury convictions for sale of cocaine and driving with a suspended license. We determine, however, that the trial court erred in assessing $2 in costs pursuant to section 943.25(13), Florida Statutes (1993), and strike that cost item....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 13202, 1995 WL 756582
...If the state files an objection with the trial court, Troupe is entitled to a new hearing at which he may contest the amount of the fee. Williams v. State,
655 So.2d 1205 (Fla. 2d DCA 1995); Bourque v. State,
595 So.2d 222 (Fla. 2d DCA 1992). As a final matter, we strike the $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2711, 1988 Fla. App. LEXIS 5502, 1988 WL 131616
...ge. Riley, an indigent defendant, was convicted of possession of cocaine and sentenced to three years in prison, plus payment of $20 to the Crimes Compensation Trust Fund, pursuant to section 960.20, Florida Statutes, and $5 court costs, pursuant to section 943.25, Florida Statutes....
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 5068
...an regulations, section 316.-130, Florida Statutes; (2) Three dollars for all non-moving traffic infractions; and, (3) Five dollars for all moving infractions. (c) In addition to the costs provided above, one dollar shall be collected as provided in section 943.25(3), Florida Statutes, and an additional one dollar may be collected as provided in section 943.25(5), Florida Statutes. Rule 6.560. Conviction of Traffic Infraction An admission or determination that a person has committed a traffic infraction shall constitute a conviction as that term is used in Chapter 322, Florida Statutes and section 943.25(3) and (5), Florida Statutes.
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 12719, 1995 WL 733063
...Counsel for Bobby Taylor has filed an Anders 1 brief suggesting three issues for our review. After careful consideration, we have found no error in the court’s denial of his motion to suppress his confession, and affirm. We strike the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), because it is a discretionary cost not announced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2635, 1986 Fla. App. LEXIS 11363
...After reviewing the briefs and record on appeal, we agree that the trial court erred in assessing these costs. After adjudging appellant insolvent, the trial court assessed costs against her in the amount of $20 pursuant to section 960.-20, Florida Statutes (1983), $2.50 pursuant to section 943.25(4), Florida Statutes (1983), and $2 pursuant to section 943.25(8), Florida Statutes (1983)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12921, 1996 WL 709353
...After a review of the record in accordance with Anders v. California,
386 U.S. 738 ,
87 S.Ct. 1396 ,
18 L.Ed.2d 493 (1967), we affirm the appellant’s convictions without discussion. However, since the trial court did not orally pronounce the $2 cost that was imposed pursuant to section
943.25(13), Florida Statutes (1993), in either case number 94-2852 or 93-3046, we strike those costs....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12826, 1996 WL 710824
...In addition to the fact that this amount is improper in this case, section 27.3455(1), Florida Statutes (1993), payment of this cost was not made part of the plea agreement as required by section 27.3455(2). We strike the imposition of $2 pursuant to section 943.25(8) as that statute does not authorize the imposition of a fine....
CopyPublished | Florida 2nd District Court of Appeal | 1995 WL 704982
...uthority was cited for it. See Evans v. State,
653 So.2d 1103 (Fla. 2d DCA 1995); Stallworth v. State,
640 So.2d 218 (Fla. 2d DCA 1994). Accordingly, we strike the imposition of that cost. We also strike the $2 discretionary cost imposed pursuant to section
943.25(13), Florida Statutes (1993), because the trial court failed to specifically announce that cost at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 8433, 1995 WL 467317
...Condition (18), which prohibits the appellant from associating with persons who use illegal drugs, must also be stricken since it is vague and capable of unintentional violation. Alvarez,
593 So.2d at 290 . The trial court also improperly imposed certain costs. The $2 cost pursuant to section
943.25(13), Florida Statutes (1993), is a discretionary cost which was not announced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 8331, 1996 WL 441626
PER CURIAM. Alfred Sanders appeals his judgment and sentence for carrying a concealed weapon as a convicted felon. We affirm the judgment and sentence but remand with directions to strike the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993)....
CopyPublished | Supreme Court of Florida
...section
318.14(9), Florida Statutes, within 30 days of receiving a citation or, if a
hearing was requested, at any time before trial. Attendance at a driver
improvement school shall not operate to waive the law enforcement education
assessments under section
943.25, Florida Statutes....
...grant a new hearing.
RULE 6.560. CONVICTION OF TRAFFIC INFRACTION
An admission or determination that a defendant has committed a traffic
infraction shall constitute a conviction as that term is used in chapter 322, Florida
Statutes, and section
943.25, Florida Statutes, unless adjudication is withheld by an
official in those cases in which withholding of adjudication is not otherwise
prohibited by statute or rule of procedure. Elections under section
318.14(9) or
(10), Florida Statutes, when adjudication is withheld, shall not constitute
convictions, but shall involve the collections of assessments pursuant to section
943.25, Florida Statutes.A defendant’s admission or an official’s determination
that the defendant committed a traffic infraction constitutes a “conviction” as that
term is used in chapters 318 and 322, Florida Statutes, and section
943.25, Florida
Statutes, unless the official withheld adjudication as permitted by law. Elections
under section
318.14(9) or (10), Florida Statutes, when adjudication is withheld, do
not constitute convictions, but require collection of assessments under section
943.25, Florida Statutes.
- 14 -
RULE 6.570....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9244, 1996 WL 492174
...R CURIAM. Benji Bruno challenges his sentence as well as certain conditions of probation and costs imposed after his conviction for burglary. We affirm his sentence and the conditions of probation. The state agrees the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), was not orally pronounced at sentencing and no statutory authority was given for the imposition of the $25.00 administrative cost....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 9707, 1997 WL 525592
...URIAM. We affirm Mr. Harrison’s conviction and sentence for committing a sexual battery on a child less than twelve years old. We strike the $2 court cost because Mr. Harrison was not given notice of the imposition of this discretionary cost under section 943.25(13), Florida Statutes (1995)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 WL 431164
PER CURIAM. Darangton Brown appeals following his conviction and sentences for burglary and two violations of probation. We find merit only in his argument that the trial court erred in imposing a $2 cost pursuant to section 943.25(13), Florida Statutes (1993), because it is a discretionary cost that was not announced at sentencing....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
education costs for law enforcement officers. Section
943.25(13), F.S., provides that: Municipalities and
CopyPublished | Florida 3rd District Court of Appeal | 1987 Fla. App. LEXIS 9805, 12 Fla. L. Weekly 1973
the Madison County Circuit Court pursuant to section
943.25(4), Florida Statutes. Neither the $20 fee nor
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...r. Gissendanner: This is in response to your request for an opinion on the following question: ARE NONCRIMINAL BOATING INFRACTIONS SUBJECT TO A $3.00 ASSESSMENT FOR COURT COSTS AND A $2.00 ASSESSMENT FOR LAW ENFORCEMENT TRAINING PROGRAMS PURSUANT TO s. 943.25 , FLORIDA STATUTES? Section 943.25 , F.S....
...a state penal or criminal statute or convicted for violation of a municipal or county ordinance. Any person whose adjudication is withheld pursuant to the provisions of s.
318.14 (9) or (10) shall also be assessed such cost. (e.s.) Subsection (8) of s.
943.25 (1985), as amended by s. 16 of Ch. 86-187, further provides: "Municipalities and counties may assess an additional $2, as aforesaid, for expenditures for criminal justice education degree programs and training courses. . . ." During the 1986 Legislative Session, s.
943.25 , F.S. 1985, was also extensively amended by s. 11 of Ch. 86-154, Laws of Florida. The text of that amended version of the statute was placed in a note following s.
943.25 as it appears in the 1986 Supplement....
...ersion to publish, inserting a note calling attention to the conflict and setting forth the alternative text pending resolution of the conflict by further legislative action. (Italics in original). The fact that there are two alternative versions of s. 943.25 , F.S....
...Thus, pertinent to your inquiry, the $3.00 court cost is to be assessed against every person convicted for violation of a state penal or criminal statute. Municipalities and counties may assess an additional $2.00, "as aforesaid," for purposes specified in s.
943.25 (7)(a). The question presented is whether a noncriminal boating infraction under s.
327.73 , F.S. (1986 Supp.), constitutes a state penal or criminal statute which is subject to the additional assessments provided by s.
943.25 , F.S....
...Any person who elects to appear before the county court waives the limitations of the applicable civil penalty and the court may impose a civil penalty up to $500 upon a determination that an infraction has been committed. Section
327.73 (5). For purposes of s.
943.25 , F.S., it is clear that a noncriminal boating infraction is not a violation of a state criminal statute....
...ture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. (e.s.) However, the additional charges mandated by s. 943.25 are also applicable to state penal statutes....
...ation of a noncriminal traffic infraction, whether he pays a civil penalty before or after a hearing or forfeits bond, "the accused must be deemed to have acted in response to a charge of violating a `penal' statute within the meaning and intent of" s. 943.25 , F.S....
...See also, Rule 6.560, Rules for Traffic Courts, which in relevant part, provides: "An admission or determination that a person has committed a traffic infraction shall constitute a conviction as that term is used in Chapter 322 , Florida Statutes, and section
943.25 , Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by a statute or rule of procedure." Cf., Rule 6.470(c), supra, amended by In re Florida Rules of Practice,
494 So.2d 1129 (Fla. 1986), to provide: "The assessments for law enforcement training established in section
943.25 , Florida Statutes, shall be collected in addition to the civil penalty if there is a hearing, or, in addition to the costs required under section
318.14 (9) and (10), Florida Statutes." During the 1986 Legislative Session, s.
943.25 (4), F.S., was amended by s....
...penalties provided in s.
318.18 ." Based upon this analysis it would appear that s.
327.73 , F.S. (1986 Supp.), is a state penal statute, which, unless expressly exempted by the Legislature, would be subject to the additional assessments required by s.
943.25 , F.S. (1986 Supp.). I am therefore of the opinion that boating violations under the provisions enumerated in s.
327.73 , F.S., are subject to the assessment for court costs and the $2.00 assessment for law enforcement training programs pursuant to s.
943.25 , F.S....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12928
...However, in the case sub judice, the trial court adjudged appellant insolvent. Thereafter, the court assessed costs against appellant in the amount of $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund) and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund)....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 20754
PER CURIAM. We affirm appellant’s convictions and sentences. However, the portions of the trial court’s order requiring appellant to pay ten dollars pursuant to section 960.20 (Crimes Compensation Trust Fund), and two dollárs pursuant to section 943.25(4) (Law Enforcement Training and Correctional Officer Training Trust Funds), are stricken since the trial court adjudged appellant partially insolvent prior to trial and appointed the public defender to represent him....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19165
...two counts. The court ordered appellant to pay $10 to the Crimes Compensation Trust Fund, pursuant to section 960.-20, Florida Statutes (1981), and to pay $2 to the Law Enforcement Training and Correctional Officer Training Trust Funds, pursuant to section 943.25(4), Florida Statutes (1981)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5189, 2011 WL 1377065
...He filed a timely motion to correct sentencing error. See Fla. R.CrJm. P. 3.800(b)(2). Mr. De la Fuente alleged that the following statutory authorities listed in the trial court’s order imposing costs were outdated: 1) Section 960.20, Florida Statutes, Crimes Compensation Trust Fund; 2) Section
943.25(3), Florida Statutes, Criminal Justice Trust Fund; 3) Section
943.25(13), Florida Statutes, • Criminal Justice Education by Municipalities and Counties; 4) Section 27.3455, Florida Statutes, Local Government Criminal Justice Trust Fund; 5) Section 939.01, Florida Statutes, Prosecution/Investigative Costs; and 6) Section
318.18(13)(a), Florida Statutes, Court Facilities....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 3760, 1996 WL 169242
...We affirm the judgment but remand to the trial court to strike the $2.00 imposed for the criminal justice education fund. The trial court imposed a total of $255.00 in cost. We affirm the imposition of $253.00 of that amount because these sums are mandatory costs pursuant to sections 27.3455(1), 960.20, and
943.25(3), Florida Statutes (1993), and do not have to be orally pronounced. See Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995) (en banc). The $2.00 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), however, is a discretional^ cost that must be orally pronounced....
CopyPublished | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 3713, 1996 WL 169461
...Florida Rule of Criminal Procedure 3.720(d)(1). See Farmer v. State,
617 So.2d 447 (Fla. 2d DCA 1993); Jones v. State,
623 So.2d 627 (Fla. 5th DCA 1993). With respect to costs, we strike the $2 discretionary cost the trial court imposed pursuant to section
943.25(8), Florida Statutes (1993), because the trial court did not announce it at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 3742, 1997 WL 169455
...The trial court erred by imposing certain discretionary costs in the written order on costs without either pronouncing them or citing statutory authority for them at the sentencing hearing. Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995). Thus, we strike from the written order the $2 cost imposed pursuant to section
943.25(13), Florida Statutes (1993), the $50 cost imposed pursuant to section 939.01, and the public defender’s fee of $625 imposed pursuant to section 27.56....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3746, 1996 WL 165387
...Because there is no merit to his argument that the evidence was insufficient to show a violation of his community control, we affirm the revocation of the community control. We strike certain cost items found in the written sentence. We strike the $2 cost pursuant to section 943.25(13) because it was not announced at sentencing....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1015
...t facto argument on appeal. See Johnson v. State,
495 So.2d 188 (Fla. 2d DCA 1986). Accordingly, we affirm on this point. Second, appellant correctly points out that the trial court did not afford him notice or a hearing before assessing costs under section
943.25(8), as required by Jenkins v....