STATE OF FLORIDA, APPELLANT,
v.
GREGORY ROSS MACKAY, APPELLEE
STATE OF FLORIDA, APPELLANT,
GREGORY ROSS MACKAY, APPELLEE
397 So. 2d 1136
Florida Supreme Court (1981)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The order of the Circuit Court of the Seventeenth Judicial Circuit granting appellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional is reversed, and the cause remanded for further proceedings not inconsistent with State v. Benitez, 395 So. 2d 514 (Fla.1981).
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
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Citator
Cited By
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Beasley v. State, 565 So. 2d 721 (Fla. 4th DCA 1990)….25, however, is a fine rather than a cost. The supreme court stated in State v. Champe, 373 So. 2d 874, 880 (Fla.1978), “[t]he five per cent surcharge ... may quite properly be considered as a form of punishment for the offense.” In LaRue v. State, 397 So. 2d 1136, 1138 (Fla.1981), the supreme court held unconstitutional a provision of this section that applied the surcharge to bail bonds because “the ultimate effect of [the bail surcharge was to impose] a pretrial cost upon every defendant rather than a post…
Authorities Cited
- State v. Benitez, 395 So. 2d 514 (Fla. 1981)