The 2023 Florida Statutes (including Special Session C)
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. . . 215 So. 3d 55, 58 (Fla. 2017) ("If the Legislature intended to impose costs per case [under sections 938.08 . . . We affirm the imposition of the $201 domestic violence surcharge under section 938.08, Florida Statutes . . . With convictions of this type, § 938.08, Florida Statutes, requires the imposition of a $201 domestic . . .
. . . . ___ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). ___ . . .
. . . With convictions of this type, § 938.08, Florida Statutes, requires the imposition of a $201 domestic . . . directions to strike $151 from the battery surcharge amount, leaving only the $201 amount authorized by § 938.08 . . .
. . . following question as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . . For the reasons that follow, we answer the certified question by holding that sections 938.08, 938.085 . . . The trial court imposed costs according to the following 2006 statutes: 938.08 Additional cost to fund . . . 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 . . . I disagree that the cost statutes, sections 938.08, 938.085, and 938.10, are clear and unambiguous. . . . analyzing the rules of statutory construction, it is obvious that the statutory language of sections 938.08 . . . 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 . . . Judge Sawaya’s dissent in the case below, I would conclude that the costs provided for in sections 938.08 . . .
. . . surcharges of $151, pursuant to section 938.085, Florida Statutes (2014); $201, pursuant to ■ section 938.08 . . . The trial court imposed costs per case under sections 938.08 and 938:085. . . . Supreme Court as a matter of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . . We note that the imposition of costs per case under sections 938.085 and 938.08 has not been raised as . . .
. . . . _$201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). . . .
. . . (a)(2)(A)(v) as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . .
. . . Among these statutes are section 938.08, Florida Statutes (2006), which imposes a $201 surcharge; section . . . court imposed costs for each of the four convictions, resulting in costs of $603 pursuant to section 938.08 . . . 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 . . . These definitions support the conclusion that the costs mandated in sections 938.08, 938.085, and 938.10 . . . expressing that intent in the text of the statute, but it certainly did not do so when it enacted sections 938.08 . . . 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,” . . . Therefore, resort to the text of the statutes is necessary: 938.08 Additional cost to fund programs in . . . Although not noted by the majority, the term “any offense” is also found in section 938.08. . . .
. . . Program Trust Fund surcharges, listed on the costs order as “Other” and citing no statutes, are sections 938.08 . . .
. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ A sum . . .
. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). . . .
. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ A sum . . .
. . . .2006) (holding that a trial judge does not have the power to impose surcharges pursuant to sections 938.08 . . .
. . . violated the ex post facto provision of the Constitution of the United States because although section 938.08 . . . State, 892 So.2d 538, 540 (Fla. 1st DCA 2005), found that section 938.08 did not violate the ex post . . . Section 938.08 did not become effective until July 1, 2001. See ch. 2001-50, § 5, Laws of Fla. . . . surcharge was retroactively applied at sentencing for crimes committed before the effective date of section 938.08 . . .
. . . V.K.E., we conclude that the trial court erred in ordering B.J.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .
. . . V.K.E., we conclude that the trial court erred in ordering S.J.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .
. . . V.KE., we conclude that the trial court erred in ordering T.J.M. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .
. . . V.K.E., we conclude that the trial court erred in ordering B.W.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .
. . . Regarding the imposition of statutory surcharges pursuant to sections 938.08 and 938.085, Florida Statutes . . .
. . . to S.L.G.’s point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 . . .
. . . Appellant’s second point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 . . .
. . . impose on juveniles in a juvenile delinquency proceeding, the mandatory surcharges set forth in sections 938.08 . . .
. . . respects except for the imposition of the $201 domestic violence surcharge imposed pursuant to section 938.08 . . . authority to impose on juveniles in a juvenile proceeding the mandatory surcharge set forth in section 938.08 . . .
. . . felt constrained to impose as a condition of his probation a surcharge of $201 pursuant to section 938.08 . . .
. . . The issue is whether sections 938.08 and 938.085 apply in juvenile delinquency proceedings. . . . 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 . . . The Legislature mandated that section 938.08, Florida Statutes (2005), apply “[i]n addition to any sanction . . . for the Crimes Compensation Trust Fund authorized by section 938.03(1), Florida Statutes, sections 938.08 . . . In contrast, nothing in sections 938.08 and 938.085 clearly evinces legislative intent to extend the . . . encompassing juvenile delinquents in section 938.03(1) and the absence of similar language in sections 938.08 . . . defined the terms so that we can be sure that it intended this distinction to be applied to sections 938.08 . . . In the absence of express language authorizing the “surcharge” in section 938.08 and 938.085 in delinquency . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . HAS THE AUTHORITY IN DELINQUENCY PROCEEDINGS TO IMPOSE THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . second point on appeal relates to the propriety of imposing statutory surcharges pursuant to sections 938.08 . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . The State appeals the trial court’s order refusing to assess surcharges of $201 under section 938.08, . . . to assess the surcharges because, in contrast to section 938.03, Florida Statutes (2004), sections 938.08 . . . Section 938.08 provides: Additional cost to fund programs in domestic violence. — In addition to any . . . Section 938.08 requires a court to impose the surcharge for “a violation.” . . . Section 938.08 became effective on July 1, 2001. Section 985.221 was last amended in 1997. . . . .
. . . 2004), prohibits the court in delinquency matters, from assessing the surcharge mandated by section 938.08 . . . In S.S.M., we said: [A] plain reading of section 938.08 supports the cost assessment in a juvenile proceeding . . . Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. . . . violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge. § 938.08 . . . The charge required by section 938.08 is not a court fee that would be prohibited by section 985.211. . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . . Appellee contends that under the clear language of sections 938.08 and 938.085, Florida Statutes (2003 . . . proceedings that are not specifically authorized by the Legislature, and in light of the fact that section 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE' MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .
. . . this case is whether or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 . . . imposition of a $201.00 surcharge against a child in a juvenile delinquency proceeding, pursuant to section 938.08 . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . . In S.S.M., a child was assessed a $201.00 surcharge pursuant to section 938.08, Florida Statutes. . . . charge of simple battery, a first degree misdemeanor, and was surcharged $201.00 pursuant to section 938.08 . . . Sections 938.08 and 938.085 are part of the “general” adult criminal statutes contained in Chapter 938 . . . In the case of section 938.08, $85.00 of the surcharge goes to the Domestic Violence Trust Fund, $1.00 . . . Sections 938.08 and 938.085 make no reference to delinquency proceedings. . . .
. . . imposed by the court in addition to “any sanction imposed for a violation of ... s. 784.03.... ” § 938.08 . . . S.S.M. argues that because 'the statute at issue here, section 938.08, does not specifically include . . . The State responds that section 938.08 imposes the surcharge on any defendant who “violates” section . . . The State also argues that because section 938.08 is a more recent enactment than section 985.221, it . . . Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. . . .
. . . Costs and Fees, of rule 3.986.is amended to add a check-off provision for “$201 pursuant to section 938.08 . . . amendment is in response to chapter 2001-50, section 5, at 320, Laws of Florida, which amended section 938.08 . . . ._ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ Other . . .