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F.S. 775.083 on Google Scholar

F.S. 775.083 on Casetext

Amendments to 775.083


The 2020 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.083 Florida Statutes and Case Law
775.083 Fines.
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute.

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term “convicted” or “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.
(3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
History.s. 4, ch. 71-136; s. 6, ch. 74-383; s. 1, ch. 77-97; s. 1, ch. 77-174; s. 1, ch. 96-408; s. 1810, ch. 97-102; s. 117, ch. 2003-402; s. 5, ch. 2009-6; s. 29, ch. 2010-162; s. 8, ch. 2017-126.

Statutes updated from Official Statutes on: December 31, 2020
F.S. 775.083 on Google Scholar

F.S. 775.083 on Casetext

Amendments to 775.083


Arrestable Offenses / Crimes under Fla. Stat. 775.083
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.083.


Civil Citations / Citable Offenses under S775.083
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 775.083.


Annotations, Discussions, Cases:

  1. Baker v. State

    941 So. 2d 419 (Fla. Dist. Ct. App. 2006)   Cited 12 times
    Effective October 1, 2000, the legislature added an explicit reference in the drug trafficking statute to both section 775.084 and section 775.083. Seech. 2000-320, § 4, Laws of Fla. However, section 775.083 has never been amended to permit a discretionary fine when a habitual offender sentence is imposed.
    PAGE 421
  2. T.L.S. v. State

    949 So. 2d 290 (Fla. Dist. Ct. App. 2007)   Cited 12 times
    § 775.083(2), Fla. Stat. (2005) (emphasis added). Although this statute applies to juveniles, it does not provide for the imposition of costs in the absence of an adjudication of delinquency. The trial court issued a judicial warning and withheld adjudication of dependency and, therefore, it incorrectly imposed the $20 cost pursuant to section 775.083(2). Parenthetically, we note that, based on a reading of section 938.03, which imposes a $50 cost regardless of whether adjudication has been entered or withheld, it is clear that the Legislature knows how to make provision for imposition of costs in juvenile proceedings in the absence of adjudication. § 938.03(1), Fla. Stat, (2005) ("Any person whose adjudication is withheld shall also be assessed such cost."). Since it did not do so within the structure of section 775.083, it is clear from both the language of the statute and its omissions that the Legislature did not intend to have costs imposed under that statute in the absence of an adjudication of delinquency.
    PAGE 292
  3. Lamoreaux v. State

    88 So. 3d 379 (Fla. Dist. Ct. App. 2012)   Cited 5 times
    Pursuant to section 775.083(1), a person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in section 775.082, Florida Statutes (2010). Moreover, when specifically authorized by statute, a person may be sentenced to pay a fine in lieu of any punishment described in section 775.082. § 775.083(1). In addition to any fine for any criminal offense prescribed by law, the trial court must also impose a five percent surcharge on the fine. § 938.04. However, fines under section 775.083 are discretionary and must be orally pronounced at sentencing. Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012). A discretionary fine imposed and the statutory surcharge on the fine must be stricken if the discretionary fine was not orally pronounced at sentencing. Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).
    PAGE 381
  4. McGhee v. State

    847 So. 2d 498 (Fla. Dist. Ct. App. 2003)   Cited 6 times
    a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    PAGE 501
  5. Mills v. State

    177 So. 3d 984 (Fla. Dist. Ct. App. 2015)   Cited 27 times
    The fine authorized by section 775.083(1), Florida Statutes, is also discretionary, and the state concedes it was error for the trial court to impose the $100 fine under this statute without notice or hearing and without specifically pronouncing the fine at the sentencing hearing. Because the fine was erroneously imposed, the $5 surcharge imposed pursuant to section 938.04, Florida Statutes, must likewise be reversed. See Nix, 84 So.3d at 426. On remand, the trial court may reimpose the fine and surcharge, if it so decides after providing notice to Mr. Mills and following the proper procedure. Id. If the trial court decides not to reimpose the fine and surcharge, it can enter a corrected judgment and sentence striking these amounts. Id. at 426 n. 2.
    PAGE 988
  6. Gonzalez v. State

    939 So. 2d 224 (Fla. Dist. Ct. App. 2006)   Cited 5 times
    In a separate issue, Mr. Gonzalez argues that two separate fines of $50 and $65 for court costs should be stricken because they were discretionary costs and the trial court failed to orally pronounce them at sentencing. On this issue, we agree. The trial court assessed these fines as mandatory costs in accordance with section 775.083(2), Florida Statutes (2004), and section 939.185, Florida Statutes (2004), respectively. These statutes, however, did not take effect until July 1, 2004. Because Mr. Gonzalez' offense date was October 8, 2003, the trial court should have assessed these costs in accordance with the statutes in effect at that time (i.e., section 775.083(2)(b), Florida Statutes (2003), and section 939.18, Florida Statutes (2003)), which required the court to conduct an inquiry into the defendant's ability to pay the fine before imposing it.
    PAGE 225
  7. Odom v. State

    187 So. 3d 324 (Fla. Dist. Ct. App. 2016)   Cited 7 times
    In addition to the mandatory costs, the written judgment reflected a discretionary cost of $342.86 pursuant to section 775.083 and a surcharge of $17.14 pursuant to section 938.04. However, at sentencing, the trial court merely pronounced: “Court cost is 775, a hundred dollar Local Government Trust, a hundred cost of prosecution and $300 PD fee will be reduced to a judgment.” Contrary to the trial court's order denying Appellant's rule 3.800(b)(2) motion, this pronouncement was insufficient to notify Appellant that such a fine and surcharge would be imposed. This court has held repeatedly that the fine authorized by section 775.083 is a discretionary fine which must be specifically pronounced at the sentencing hearing. See, e.g., Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012). The trial court may re-impose the discretionary fine and surcharge on remand after giving Appellant notice and following the proper procedure. See, e.g., id.; Oliver v. State, 75 So.3d 349, 350 (Fla. 1st DCA 2011).
  8. J.S. v. State

    19 So. 3d 380 (Fla. Dist. Ct. App. 2009)   Cited 3 times
    The trial court withheld adjudication, placed J.S. on probation, and assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006). These costs may only be assessed when the juvenile is adjudicated delinquent. See C.M.S. v. State, 997 So.2d 520, 521 (Fla. 2d DCA 2008); T.L.S. v. State, 949 So.2d 290, 291-92 (Fla. 5th DCA 2007). Here, adjudication was withheld. Also, J.S. was charged with a single felony count. Even if J.S. had been adjudicated delinquent, the $20 cost could not be imposed because it is applicable only to offenses other than felonies. See § 775.083(2). Accordingly, we affirm the disposition, but we remand the case to the trial court with instructions to strike the imposed costs of $50 and $20.
  9. Giles v. State

    103 So. 3d 1058 (Fla. Dist. Ct. App. 2013)   Cited 3 times
    “The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing.” Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012). Additionally, “[b]ecause this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed.” Id. Similarly, under the relevant version of the statute, because the trial court erred in imposing the fine, the $20 court cost imposed pursuant to section 938.06 must also be stricken. See Sanders v. State, 101 So.3d 373 (Fla. 1st DCA 2012); Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).