Summary
The Supreme Court of Florida held that costs imposed under sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), must be assessed on a per-count rather than per-case basis. The court approved the Fifth District Court of Appeal’s decision and answered a certified question of great public importance concerning the assessment of those costs.
Holdings
- The statutes require imposition of the specified surcharges and costs on a per-count basis, rather than a per-case basis.
Questions Presented
- Whether sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), require the specified criminal costs to be assessed per count or per case.
- Whether the statutory phrases "a violation" and "any offense" unambiguously require separate costs for each conviction.
Disposition
approved
Cases Cited (20)
- McNeil v. State, 162 So. 3d 274 (Fla. 5th DCA 2015)(followed and approved)
- McNeil v. State, 163 So. 3d 661 (Fla. 5th DCA 2015)(relied upon)
- Davila v. State, 75 So. 3d 192 (Fla. 2011)(followed)
- Florida Parole Commission v. Spaziano, 48 So. 3d 714 (Fla. 2010)(followed)
- Montgomery v. State, 897 So. 2d 1282 (Fla. 2005)(followed)
- L.B. v. State, 700 So. 2d 370 (Fla. 1997)(followed)
- State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000)(noted)
- Rafael v. State, 679 So. 2d 314 (Fla. 1st DCA 1996)(distinguished)
- Hunter v. State, 651 So. 2d 1258 (Fla. 1st DCA 1995)(distinguished)
- Hollingsworth v. State, 632 So. 2d 176 (Fla. 5th DCA 1994)(distinguished)
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Cited In (0)
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Court Document
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