The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . 3d 55, 58 (Fla. 2017) ("If the Legislature intended to impose costs per case [under sections 938.08, 938.085 . . . In Case No. 16-3306CF10A, the $151 charge for the Rape Crisis Trust Fund under section 938.085, Florida . . . must be stricken because none of the convictions in that case are offenses enumerated under section 938.085 . . .
. . . pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 . . .
. . . the following question as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . . For the reasons that follow, we answer the certified question by holding that sections 938.08, 938.085 . . . Plain Meaning of Sections 938.08, 938.085, and 938.10(1) We agree with the district court’s conclusion . . . that costs imposed under sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), should be . . . The Legislature chose not to include such language in sections 938.085, 938.08, and 938.10(1), Florida . . . I disagree that the cost statutes, sections 938.08, 938.085, and 938.10, are clear and unambiguous. . . . the rules of statutory construction, it is obvious that the statutory language of sections 938.08, 938.085 . . . Id. at 278 (quoting §§ 938.08, 938.085, 938.10, Fla. Stat. (2006)). . . . Applying the rule of lenity to sections 938.08, 938.085, and 938.10,1 am compelled to conclude that the . . . Sawaya’s dissent in the case below, I would conclude that the costs provided for in sections 938.08, 938.085 . . .
. . . When he was sentenced, Dixon was ordered to pay mandatory surcharges of $151, pursuant to section 938.085 . . . Florida Supreme Court as a matter of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . . We note that the imposition of costs per case under sections 938.085 and 938.08 has not been raised as . . .
. . . Lastly, the trial court imposed a total cost of $152 pursuant to section 938.085, Florida Statutes (2012 . . .
. . . Procedure 9.030(a)(2)(A)(v) as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . .
. . . these statutes are section 938.08, Florida Statutes (2006), which imposes a $201 surcharge; section 938.085 . . . section 794.011(2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.085 . . . the four convictions, resulting in costs of $603 pursuant to section 938.08, $453 pursuant to section 938.085 . . . Sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), provide: 938.08 Additional cost to . . . By the plain language of these statutes, sections 938.08 and 938.085 require costs to be assessed for . . . intent in the text of the statute, but it certainly did not do so when it enacted sections 938.08, 938.085 . . . Rule of Strict Statutory Construction Sections 938.08, 938.085, and 938.10, Florida Statutes (2006), . . . Sections 938.08 and 938.085 are specifically intended to impose costs “in addition to any sanction,” . . . surcharge shall be a condition of probation, community control, or any other court-ordered supervision_ 938.085 . . . opinion rests on the definition of the word “a” in the phrase “a violation” in sections 938.08 and 938.085 . . .
. . . Fund surcharges, listed on the costs order as “Other” and citing no statutes, are sections 938.08 and 938.085 . . .
. . . recognizing the legislature has not expressly provided for assessment of costs under sections 938.05 and 938.085 . . .
. . . holding that a trial judge does not have the power to impose surcharges pursuant to sections 938.08 and 938.085 . . .
. . . The first two items challenged by Clark are surcharges of $150 and $2 imposed under section 938.085, . . . Section 938.085 became effective on July 1, 2003. See ch.2003-114, §§ 3, 5, Laws of Fla. . . .
. . . conclude that the trial court erred in ordering B.J.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .
. . . conclude that the trial court erred in ordering S.J.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .
. . . conclude that the trial court erred in ordering T.J.M. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .
. . . conclude that the trial court erred in ordering B.W.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .
. . . Regarding the imposition of statutory surcharges pursuant to sections 938.08 and 938.085, Florida Statutes . . .
. . . s point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 and 938.085 . . .
. . . second point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 and 938.085 . . .
. . . pursuant to section 939.185, Florida Statutes (2004), and costs of $2 and $150 pursuant to section 938.085 . . . 939.185 was enacted effective July 1, 2004, see ch.2004-265, §§ 88, 109, Laws of Fla., and section 938.085 . . . court to strike the $65 cost pursuant to section 939.185 and the $2 and $150 costs pursuant to section 938.085 . . . Griffin's cost judgment cited section 938.085 in reference to both a $2 and a $150 cost, the statute . . .
. . . 938.08, Florida Statutes (2005), to fund programs in domestic violence, and $151 pursuant to section 938.085 . . .
. . . We next address whether the trial court erred by imposing a $151 cost pursuant to section 938.085, Florida . . . Section 938.085 did not, however, become effective until July 1, 2003. . . . We therefore strike the costs imposed pursuant to sections 938.085 and 939.185. . . .
. . . Section 938.085 contains similar language. . . . The plain meaning of sections 938.08 and 938.085 controls. . . . See §§ 938.08, 938.085. . . . The language of sections 938.08 and 938.085 is clear. . . . Here, sections 938.08 and 938.085 were enacted in 2001 and 2003, respectively. . . . As Justice Cantero explains, the plain language of sections 938.08 and 938.085, Florida Statutes (2001 . . . Neither section 938.083 nor section 938.085 exempts juvenile delinquencies from the convictions triggering . . . apply “[i]n addition to any sanction imposed for a violation of [the listed statutes]” and that section 938.085 . . . Crimes Compensation Trust Fund authorized by section 938.03(1), Florida Statutes, sections 938.08 and 938.085 . . . In contrast, nothing in sections 938.08 and 938.085 clearly evinces legislative intent to extend the . . . juvenile delinquents in section 938.03(1) and the absence of similar language in sections 938.08 and 938.085 . . . the terms so that we can be sure that it intended this distinction to be applied to sections 938.08, 938.085 . . . In the absence of express language authorizing the “surcharge” in section 938.08 and 938.085 in delinquency . . .
. . . The trial court imposed $151 for the Rape Crisis Program Trust Fund under section 938.085, effective . . .
. . . AUTHORITY IN DELINQUENCY PROCEEDINGS TO IMPOSE THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .
. . . on appeal relates to the propriety of imposing statutory surcharges pursuant to sections 938.08 and 938.085 . . . JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .
. . . to assess surcharges of $201 under section 938.08, Florida Statutes (2004), and $151 under section 938.085 . . . Section 938.085 provides: Additional cost to fund rape crisis centers. — In addition to any sanction . . . In V.K.E., 902 So.2d 343, the Fifth District applied the same reasoning to section 938.085. . . . The Fifth District also applied this reasoning to section 938.085. V.K.E., 902 So.2d 343. . . . Section 938.085 became effective on July 1, 2003. . . .
. . . Appellee contends that under the clear language of sections 938.08 and 938.085, Florida Statutes (2003 . . .
. . . JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .
. . . was surcharged $201.00 pursuant to section 938.08, Florida Statutes' and $151.00 pursuant to section 938.085 . . . Sections 938.08 and 938.085 are part of the “general” adult criminal statutes contained in Chapter 938 . . . In the case of section 938.085, the surcharge goes to the Rape Crisis Program Trust Fund, and $1.00 to . . . Yet, sections 938.08 and 938.085 make the payment of substantial funds by the juvenile a condition of . . . Sections 938.08 and 938.085 make no reference to delinquency proceedings. . . . or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 . . .