The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Pursuant to section 939.06, Florida Statutes (2018), Whitley moved for reimbursement of certain costs . . . a "charge of subsistence while [a defendant is] detained in custody" within the meaning of section 939.06 . . . The supreme court has observed that the concept of " 'taxable costs' under section 939.06 is circumscribed . . . Section 939.06(1) states: A defendant in a criminal prosecution who is acquitted or discharged is not . . . house arrest program while awaiting trial is not "detained in custody" within the meaning of section 939.06 . . .
. . . decided not to pursue further prosecution, we find that Mathis is entitled to costs pursuant to section 939.06 . . . The trial court noted that section 939.06, Florida Statutes, “authorizes the imposition of certain trial . . . Thus, article 1, section 19, and section 939.06 authorize the taxing of costs against the State for an . . . Section 939.06 applies to Mathis because the State entered a nolle prosequi. See Haines v. . . . Additionally, this court has previously extended section 939.06 to appellate costs. See Evans v. . . .
. . . (citing § 939.06, Fla. Stat. (2010)). . . .
. . . Haines properly filed a motion for certification of costs under section 939.06, Florida Statutes. . . . denied the petition, explaining by order: “Petitioner must follow the procedure set out in section 939.06 . . . Section 939.06, Florida Statutes, provides as follows: (1) A defendant in a criminal prosecution who . . . of costs from the clerk or the judge. § 939.06(1), Fla. . . . See § 939.06(2), Fla. Stat. (2010); see also Ch. 2005-236, § 62, Laws of Fla. . . .
. . . ■This rule-shall not apply to applications for-reimbursement of costs pursuant to section-939.06, Florida . . .
. . . However, section 939.06, Florida Statutes (2004), authorizes reimbursement only for witness fees, sheriff . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .
. . . But section 939.06, Florida Statutes (2000), provides that, if an adult criminal defendant is acquitted . . . We previously have held that the legislative purpose behind section 939.06 is to protect a criminal defendant . . .
. . . County of Volusia, 703 So.2d 1033 (Fla.1998) and section 939.06, Florida Statutes. . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .
. . . On February 1, 1996, pursuant to section 939.06, Love filed a motion in the county court seeking certification . . . Orange County is ultimately responsible to reimburse the costs allowed under section 939.06. . . . This court has taken a limited view of what costs are reimbursable under section 939.06. . . . In Carrin, this court held that reimbursement pursuant to section 939.06 was limited to recovery for . . . Since Wolf may indicate that a broader category of costs are recoverable under section 939.06 than the . . .
. . . This choice of words can be explained by reference to section 939.06, Florida Statutes, which provides . . . the subsistence costs of their detention, contrary to the long-standing expressed policy of section 939.06 . . . medical care and subsistence during pretrial detention, it is important to be cognizant of section 939.06 . . . Florida, in recent decisions, has twice made clear that the “taxable costs” reference found in section 939.06 . . . Thus, it appears clear from section 939.06 that for 150 years, Florida law has contemplated that before . . .
. . . . § 939.06 (1993). See Goldberg v. Dade County, 378 So.2d 1242 (Fla. 3d DCA 1979); Short v. . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .
. . . the same costs as those described above, costs which, in both cases, were awarded pursuant to section 939.06 . . .
. . . Sawyer, 620 So.2d 767 (Fla.1993), where the court said that the applicable statute, section 939.06, Florida . . . Section 939.06 provides: Acquitted defendant not liable for costs— No defendant in a criminal prosecution . . . thereof, which, when audited and approved according to law, shall be refunded to him by the county. § 939.06 . . . Unlike section 939.06, section 939.07 expressly applies to defendants who have been discharged, not to . . . HARRIS, JJ., concur. .We note that the procedure employed below was not as is described in section 939.06 . . .
. . . The district court reversed, reasoning that since section 939.06, Florida Statutes (1989), does not define . . . Contrary to the district court’s finding of ambiguity, we find that section 939.06, Florida Statutes . . . thereof, which, when audited and approved according to law, shall be refunded to him by the county. § 939.06 . . . Sections 939.01 and 939.06, Florida Statutes (1989), do not provide for mutuality of repayment. . . . Section 939.06, on the other hand, says that the county alone shall reimburse an acquitted defendant . . .
. . . Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is entitled to recover his . . .
. . . He filed a motion to tax costs in the trial court pursuant to section 939.06, Florida Statutes (1991) . . . Section 939.06, Florida Statutes provides: No defendant in a criminal prosecution who is acquitted or . . . State, 570 So.2d 408 (Fla. 2d DCA 1990): The statute [section 939.06] mandates that the defendants must . . .
. . . rule shall not apply to applications for reimbursement of costs pursuant to Florida Statutesection 939.06 . . .
. . . Section 939.06, Florida Statutes (1989), provides for the reimbursement to an acquitted criminal defendant . . . enforcement agencies, we hold that investigative costs are also taxable costs within the meaning of section 939.06 . . . That the legislature has not changed section 939.06 since the 1974 opinion of this court in Doran may . . . Our interpretation of that term in section 939.06 in light of section 939.01 is consistent with Powell . . . If the legislature in enacting section 939.06 intended to require that an acquitted or discharged defendant . . .
. . . defendant are not taxable costs as a matter of law and need not be certified as such pursuant to section 939.06 . . .
. . . an accused is entitled to reimbursement of costs and fees, the legislature has provided in section 939.06 . . . The court agreed with the defendant that section 939.06, Florida Statutes, placed liability on the county . . . affirmed the Fourth District Court of Appeal’s interpretation of article I, section 19 and section 939.06 . . . court erred by failing to follow the proper procedure for certification of costs pursuant to section 939.06 . . . DANAHY and THREADGILL, JJ., concur. . § 939.01, Fla.Stat. (1989). . § 939.06, Fla.Stat. (1989). . . . .
. . . treated the motion as an application for a Certificate of Payment of Costs pursuant to Florida Statute 939.06 . . . either having been acquitted or discharged in order to be entitled to the benefits of Florida Statute 939.06 . . . Dictionary 41 (4th ed. 1951) Moreover, the Court finds nothing expressed or implied in Florida Statute 939.06 . . . finding of not guilty by reason of insanity and she thus is entitled to the benefits of Florida Statute 939.06 . . . Coe, 439 So.2d 313 (Fla. 2d DCA 1983) (There is no exception, express or implied, in Florida Statute 939.06 . . .
. . . The defendant sought such reimbursement as an acquitted or discharged defendant under Section 939.06, . . . We affirm the order insofar as its denial of the motion under Section 939.06 but reverse and remand on . . .
. . . Defendant may recover costs pursuant to F.S. 939.06. . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statute 939.06 . . .
. . . See § 939.06, Fla.Stat. (1987). . . . Section 939.06 provides that a defendant who is acquitted of a criminal charge shall not be liable for . . . order directing payment improperly circumvented the established statutory procedure under sections 939.06 . . . the county the obligation to pay costs which the county otherwise would not have to pay under section 939.06 . . .
. . . Appellant also contends that costs are not awardable against it under Florida Statutes 939.06, 939.07 . . .
. . . acquitted of first degree murder and filed a motion to tax costs in the trial court pursuant to Section 939.06 . . . Section 939.06, Florida Statutes (1985), provides: No defendant in a criminal prosecution who is acquitted . . . The task of the trial court or clerk upon presentation of a motion to tax costs pursuant to F.S. 939.06 . . .
. . . This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statute 939.06 . . .
. . . Section 939.07 functions as a limitation on the reimbursement of costs authorized by section 939.06 for . . . to be properly recovered as costs under chapter 939, they could only be awarded pursuant to section 939.06 . . . County of Dade, 378 So.2d 1242 (Fla. 3d DCA), appeal dismissed, 389 So.2d 1110 (Fla.1980), that section 939.06 . . .
. . . court in that case labeled forfeiture proceedings as “quasi-criminal” in nature and found that section 939.06 . . .
. . . On January 19, 1983, Bothwell filed a motion to tax costs pursuant to section 939.06, Florida Statutes . . . The parties agree that the taxation of costs under section 939.06 is a civil proceeding, and that, accordingly . . . Since defendant cannot be responsible by law under section 939.06, we direct the court to amend its order . . .
. . . seeking to compel the circuit court judge to issue a certificate of taxable costs pursuant to section 939.06 . . . , Florida Statutes (1981), which provides as follows: 939.06 Acquitted defendant not liable for costs . . .
. . . Section 939.06, Florida Statutes (1981), is the operative statute in the instant case and provides: Acquitted . . .
. . . Section 939.06, Florida Statutes (1979), allows and requires the county to pay those reasonable and necessary . . .
. . . MILES, Judge: Contrary to his pleas, accused was convicted by general court-martial of possession of 939.06 . . .
. . . The statutes on which the circuit court based its reversal of the county court were Sections 939.06 and . . . They read, in pertinent part, as follows: 939.06 Acquitted defendant not liable for costs. — No defendant . . . opinion that the court did not mean that there had been a true discharge such as to bring Sections 939.06 . . . The obvious purpose of Sections 939.06 and 939.07 is to protect a defendant from costs when he is innocent . . .
. . . revised in 1968, we simply state that the surviving provisions are now contained in Florida Statute 939.06 . . . for the forensic psychologist who assisted in the selection of the jury, we note that Florida Statute 939.06 . . .
. . . payments should be refundable pursuant to Article I, Section 19, of the Florida Constitution, and Sections 939.06 . . .
. . . The question on appeal is whether the court can award as costs, under Section 939.06, Florida Statutes . . . Section 939.06, Florida Statutes (1975), is not specific but its language cannot be stretched to include . . .
. . . Section 939.06, Florida Statutes (1975), specifically provides: “939.06 Acquitted defendant not liable . . . be taxable costs would be for this court to hold that the term “taxable costs,” as used in Section 939.06 . . .
. . . See §§ 57.041 and 939.06 Fla.Stat., F.S.A. Wood v. . . .
. . . . § 939.06 (1973) establishes a general policy which prohibits the imposition upon an acquitted defendant . . .
. . . I, Sec. 19, of the Florida Constitution, and § 939.06, Fla.Stat., for reimbursement of costs to a defendant . . .
. . . . § 939.06 F.S.A. (Art. XVI, § 9 of the 1885 State Constitution became a statute pursuant to Art. . . . Section 939.06 F.S.A. provides that if a defendant who has been acquitted or discharged shall have paid . . . county- In the case sub judice, instead of certifying the costs to the board as provided for in F.S. § 939.06 . . . Since the trial court did not comply with the provisions of § 939.06, the order must be reversed; Jackson . . .
. . . . § 939.06, F.S.A. . Wood v. City of Jacksonville, Fla.App.1st, 1971, 248 So.2d 176. . . . .
. . . Sections 939.06, 939.07 and 939.08, Section 142.-09, Section 48.021, and Chapter 942, F.S.A., to this . . .
. . . . § 939.06, F.S.A., expresses a general policy of the Legislature that persons acquitted or discharged . . .
. . . . § 939.06, F.S.A., to be reimbursed for costs incurred by him in the defense of his cause. . . . Florida Statutes § 939.06, F.S.A., provides in part: “No defendant in a criminal prosecution who is acquitted . . . process, reimbursement for mileage and per diem for out of state witness were taxable costs under F.S. § 939.06 . . .
. . . . § 939.06, F.S.A. . Rule 6.1, F.A.R., 32 F.S.A. . Rule 6.8, F.A.R. . F.S. § 932.52(7), F.S.A. . . . .
. . . See Florida Statutes §,§ 57.091, 924.17, 939.04-939.06, 939.15, F.S.A. . . .
. . . estate to recover costs laid out by her incident to the trial and appeal, as are recoverable under § 939.06 . . .
. . . of the reporter’s charge and requested a certificate of payment of. such cost, pursuant to section 939.06 . . .
. . . . §§ 142.09 and 939.06, F.S..A.; and 14 Am.Jur., Costs, Sec. 110. . . .
. . . Florida constitution, contravenes section 9 of article 16 of the Florida constitution, violates section 939.06 . . .