CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2003 WL 21501907
...The affidavit alleged that Appellant had failed to make adequate payment and was in arrears in the amount of $225.00. Condition (10) required Appellant to pay restitution, fines, costs, and/or fees, plus a 4% administrative processing fee pursuant to section 945.31, Florida Statutes (1999), to the Florida Department of Corrections....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 25820
...stitution to be paid. Three days later, the trial court entered four separate orders directing appellant to pay restitution in the total amount of $4,813.02, in monthly payments of $160.00, together with a processing fee for each payment pursuant to section 945.31, Florida Statutes....
...aring, appellant was not afforded an opportunity to object, in any real sense. The second issue concerns payment of a four percent processing fee, assessed against persons in the custody or under the supervision of the Department of Corrections. See § 945.31, Fla. Stat. (1989). Since appellant is not in custody or under the supervision of the Department of Corrections, assessment of a four percent processing fee pursuant to section 945.31 was improper....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 228580
...We strike that portion of probation condition (10) requiring a 4% processing fee for each payment of restitution, costs and/or fees. The imposition of this fee is discretionary and, according to Reyes v. State,
655 So.2d 111 (Fla. 2d DCA 1995) (en banc), must be orally pronounced. Also, because section
945.31, Florida Statutes (1993), authorizes the Florida Department of Corrections to impose such a fee, we conclude that the trial court had no authority to do so....
CopyCited 1 times | Florida 6th District Court of Appeal
...We find that the last issue raised requires the trial court to correct the
order of revocation of probation for the limited purpose of striking two references to
a 4% surcharge, in observation of the plain language of sections
948.09, Florida
Statutes and
945.31, Florida Statutes (2024)....
...ision in accordance
with s.
948.09, F.S., unless otherwise exempted in compliance with
Florida Statutes.
....
Payments processed through the Department of Corrections will be
assessed a 4% surcharge pursuant to s.
945.31, F.S....
...essed
under this paragraph shall pay a $2-per-month surcharge to the department.” Section
948.09 is silent as to any other surcharge. This statute, therefore, cannot provide the
basis for the trial court’s imposition of a 4% surcharge.
Section
945.31 states that “the [Department of Corrections] may establish
bank accounts outside the State Treasury for the purpose of collecting and disbursing
restitution and other court-ordered payments from persons in its custody or under its
supervision, and may collect an administrative processing fee in an amount equal to
4 percent of the gross amounts of such payments.” (Emphasis added). Thus, section
945.31 permits the Department of Corrections to exercise discretion in collecting an
2
administrative fee, but the trial court’s order goes beyond the statutory language and
obligates the Department to collect a 4% surcharge. See Powell v. State,
681 So. 2d
722, 722 (Fla. 2d DCA 1996) (“[B]ecause section
945.31, Florida Statutes (1993),
authorizes the Florida Department of Corrections to impose such a fee, we conclude
that the trial court had no authority to do so.”); Dixon v....
...3d 20 (Fla.
4th DCA 2020) (“Appellant’s probation order imposed both a $2 surcharge and a
4% surcharge under section
948.09, Florida Statutes (2016), while the statute solely
authorizes the former. See §
948.09(1)(a)2., Fla. Stat. (2016). Third, citing section
945.31, Florida Statutes (2016), the probation order imposes a separate 4% surcharge
associated with an administrative processing fee for restitution payments, which the
trial court neither orally stated nor was authorized to impose.”)....
CopyPublished | Florida 4th District Court of Appeal
...4th DCA 2006).
Second, Appellant’s probation order imposed both a $2 surcharge and
a 4% surcharge under section
948.09, Florida Statutes (2016), while the
statute solely authorizes the former. See §
948.09(1)(a)2., Fla. Stat. (2016).
Third, citing section
945.31, Florida Statutes (2016), the probation order
imposes a separate 4% surcharge associated with an administrative
processing fee for restitution payments, which the trial court neither orally
stated nor was authorized to impose....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12167, 2010 WL 3238978
...collected on their behalf by the Department of Corrections. The idea of funding the Florida Crimes Compensation Trust Fund with such unclaimed payments has a certain appeal. However, the Legislature has already provided a solution for this problem. Section 945.31(3), Florida Statutes (2010), authorizes the Department to transfer such unclaimed funds to the General Revenue Fund if they are not claimed within one year after supervision is terminated....
...Giving that entity's interest in these moneys to the Florida Crimes Compensation Trust Fund based merely on an unsworn letter from a probation officer under the procedures utilized in this case raises a plethora of legal issues that can be avoided if the Department simply follows the procedure established in section 945.31(3)....
