The 2023 Florida Statutes (including Special Session C)
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. . . No. 16-3306CF10A and Case No. 16-5007CF10A, the $60 charges for the misdemeanor counts under section 938.05 . . . , Florida Statutes (2016), must be stricken because section 938.05 allows imposition of court costs per . . . See , e.g. , ... § 938.05(1), Fla. Stat. (2016) ('shall pay as a cost in the case') ..."). . . .
. . . . § 938.05 ; (2) a $20 court cost under Fla. Stat. § 938.06 ; and (3) a $50 fine under Fla. . . .
. . . $225 for felony court costs and an additional $100 for misdemeanor court costs pursuant to section 938.05 . . .
. . . possession of cannabis in excess of the statutory maximum; (2) court costs for that offense under section 938.05 . . .
. . . Stat. (2016) (“shall pay as an additional cost in the case”); § 938.05(1), Fla. . . .
. . . correction of the following minor sentencing errors: imposition of a $230 cost pursuant to section 938.05 . . .
. . . Stephen correctly argues that the trial court erred in awarding $225 under section 938.05(1), Florida . . . We review the statutory requirements for imposing assessments under section 938.05 de novo. . . . Because the offense date in this case was March 26, 2006, section 938.05, Florida Statutes (2005), controls . . .
. . . four minor sentencing errors in this Anders appeal: (1) imposition of a $230 cost pursuant to section 938.05 . . .
. . . Next, the additional cost imposed pursuant to section 938.05, Florida Statutes (2007), must be reduced . . .
. . . arguing that the trial court erred by incorrectly indicating that the fine imposed pursuant to section 938.05 . . . Section 938.05(l)(a), Florida Statutes (2011), provides that anyone found guilty of any felony in Florida . . .
. . . Section 938.05(l)(a), Florida Statutes (2011), mandates a $225 fine for felony convictions. . . . We reverse the imposition of the $230 fine in violation of section 938.05(l)(a) and remand with instructions . . .
. . . In pertinent part, they are $225.00 as an “additional court cost” pursuant to section 938.05, Florida . . . the amount of the assessment that could be imposed for crime prevention was $200.00 for a felony. § 938.05 . . . .3d 394 (Fla. 2d DCA 2011) (reducing assessment to the amount permitted under the version of section 938.05 . . .
. . . The court imposed a $225 charge for a Local Government Criminal Justice Trust Fund, under section 938.05 . . . See § 938.05, Fla. Stat. (2007). . . .
. . . Criminal Procedure 3.800(b)(2), that the trial court erred in imposing certain costs under section 938.05 . . . Section 938.05(l)(a) provides that a trial court must impose court costs of $225 if a person is found . . . sentenced Appellant for two felonies, the trial court mistakenly imposed court costs pursuant to section 938.05 . . . The trial court therefore imposed $50 more in costs than statutorily allowed as provided by section 938.05 . . . remand for the trial court to enter a corrected order reflecting $225 in costs pursuant to section 938.05 . . .
. . . Clearing Trust Fund; 3) Section 938.15, Criminal Justice Education for Local Government; 4) Section 938.05 . . .
. . . Swift’s contention that the trial court erred in imposing certain costs under sections 938.05(1) and . . . of $225 to the Criminal Justice Trust Fund must be reduced to $200 based on the version of section 938.05 . . . See § 938.05(l)(a), Fla. Stat. (2007); Torres v. State, 42 So.3d 914, 915 (Fla. 2d DCA 2010). . . .
. . . $495 in costs, which included a $150 prosecution cost and a $225 cost for felonies pursuant to section 938.05 . . . Torres also argued that the $225 cost must be reduced to $200 based on the version of section 938.05( . . . also argues, and we agree, that the $225 cost must be reduced to $200 based on the version of section 938.05 . . . enter a corrected order reflecting $100 in prosecution costs and $200 in costs pursuant to section 938.05 . . .
. . . .2006) (recognizing the legislature has not expressly provided for assessment of costs under sections 938.05 . . .
. . . because the offense occurred before the effective dates of the authorizing statutes, sections 939.185 and 938.05 . . . As to the $200 cost, this cost is authorized under section 938.05, which was enacted under chapter 97 . . .
. . . crimes compensation trust fund of 938.03 in the amount of $50, the additional court costs for felonies, 938.05 . . . On appeal, C.S. argues that the trial court erred in imposing costs pursuant to sections 938.01 and 938.05 . . . The State correctly concedes error on the cost imposed pursuant to section 938.05. See V.K.E. v. . . . State, 934 So.2d 1276, 1282 (Fla.2006) (holding that section 938.05 does not apply in juvenile delinquency . . . Like section 938.05, section 938.01 makes no mention of juvenile delinquency proceedings. . . .
. . . For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit . . . The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was . . . court erred in this juvenile case, in imposing the surcharges against V.K.E., pursuant to sections 938.05 . . . and juvenile delinquency proceedings, but has not provided for the assessment of costs under sections 938.05 . . . ’s prohibition against charging “court fees” does not prohibit the surcharges set forth in sections 938.05 . . .
. . . For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit . . . The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was . . . court erred in this juvenile case, in imposing the surcharges against V.K.E., pursuant to sections 938.05 . . .