J.A., C.A., J.B., K.B., B.C., N.D., V.D., S.F., T.G., R.H., F.R.H., M.J., D.J., D.J., T.J., H.K., N.K., B.J.L., K.M., J.O., J.O., S.P., T.P., D.R., V.R., W.P.R., M.R., G.L.S., G.D.S., L.S., B.B.S., L.T., H.W., A.W., C.D.W., C.W., C.D.W., D.W., M.W., O.B.Y., CHILDREN, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile appellants challenged a $50 court fee imposed under Florida Statute § 960.20 in delinquency cases, arguing that § 39.073 prohibited such fees in juvenile proceedings. The court held that § 960.20 creates an exception to § 39.073's general prohibition, but fees may only be imposed when adjudication of delinquency is entered, not when adjudication is withheld.
The $50 fee is properly imposed against juveniles adjudicated delinquent as an exception to § 39.073's general prohibition, but the fee cannot be imposed in cases where adjudication is withheld because § 960.20 expressly authorizes the fee only for persons 'adjudicated delinquent.'
[1] A later statute imposing costs is an exception to an earlier statute prohibiting court fees in juvenile delinquency proceedings.
[2] A $50 fee for the Crimes Compensation Trust Fund may be imposed against a juvenile adjudicated delinquent.
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Join FLexlaw to unlock all legal intelligence“Although section 39.073, prohibits the imposition of costs against juveniles in chapter 39 proceedings, and amended section 960.20 authorizes the imposition of a $50 fee in juvenile cases for the Crimes Compensation Trust Fund, we find no inconsistency-fatal to either statute.”
Establishes that the court found no fatal inconsistency between the two statutes and deemed § 960.20 an exception to § 39.073.
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Join FLexlaw to unlock all legal intelligenceMultiple juveniles were involved in delinquency proceedings under Florida law. Some were adjudicated delinquent and assessed a $50 fee pursuant to § 9…
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THREADGILL, Judge.
Appellants, J.A., et al., challenge a fee of $50 imposed pursuant to section 960.20, Florida Statutes (Supp.1992), contending that section 39.073, Florida Statutes (1991) prohibits the court from charging juveniles or their parents with court and witness fees. The appellants also contend that the trial court erred in imposing the fee when it withheld adjudication. We affirm the imposition of costs against the juveniles who were adjudicated delinquent. However, we strike the fees assessed against the juveniles whose adjudication was withheld.
Section 960.20, Florida Statutes (Supp. 1992), provides:
Additional costs. — When any person pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, any felony, misdemeanor, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, there shall be imposed as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(10) shall also be assessed such cost. The clerk of the court shall collect and forward $49 of each $50 collected to the Treasurer, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as a service charge of the clerk’s office. Under no condition shall a political subdivision be held liable for the payment of this sum of $50.
Section 39.073, Florida Statutes (1991) provides:
Court and witness fees. — In any proceeding under this chapter, court fees shall not be charged against, nor witness fees allowed to, any party to a delinquency petition or any parent or legal guardian or custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law. Although section 39.073, prohibits the imposition of costs against juveniles in chapter 39 proceedings, and amended section 960.20 authorizes the imposition of a $50 fee in juvenile cases for the Crimes Compensation Trust Fund, we find no inconsistency-fatal to either statute. There is a general presumption that later statutes are passed with knowledge of existing laws and a construction is favored that gives each one a field of operation, rather than have the former repealed by implication. State v. Vikhylantsev, 602 So. 2d 636 (Fla. 2d DCA 1992).
Applying this construction, we deem amended section 960.20, amended two years after the enactment of section 39.073, an exception to the general rule announced in section 39.-073. Even assuming the two statutes hopelessly inconsistent, section 960.20 would prevail because it is the more recent. See State v. Parsons, 569 So. 2d 437 (Fla.1990).
We therefore affirm the order imposing the $50 fee against the appellants who were adjudicated delinquent.
We nevertheless strike the imposition of the $50 fee in those cases where adjudication was withheld. The legislative intent of section 960.20 is plain and unambiguous; therefore, there is no need to resort to rules of statutory construction. See Carawan v. State, 515 So. 2d 161, 165 (Fla.1987). The statute expressly authorizes a fee against any person “adjudicated delinquent.” It does not authorize the fee for any other disposition in a chapter 39 delinquency proceeding.
We agree with the First District in T.J. v. State, 619 So. 2d 425, 426 (Fla. 1st DCA 1993) that a plea of guilty or nolo contendere in a chapter 39 proceeding is a plea to a delinquent act, not to a criminal offense. When a juvenile enters the equivalent of such a plea in juvenile court and adjudication is withheld, the trial court may not impose the $50 assessment. We therefore strike the imposition of any $50 fee against the appellants whose adjudications were withheld.
HALL, A.C.J., and BLUE, J., concur.
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V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006)…last expression of the Legislature prevails due to the general presumption that later statutes are passed by the Legislature with the knowledge of prior existing laws.” Id. (citing Oldham v. Rooks, 361 So. 2d 140, 143 (Fla.1978), and J.A. v. State, 633 So. 2d 108, 110 (Fla. 2d DCA 1994)). Here, sections 938.08 and 938.085 were enacted in 2001 and 2003, respectively. Ch.2001-50, § 5, at 320, Laws of Fla.; ch.2003-114, § 3, at 729, Laws of Fla. Section 985.221 (formerly section 39.073) has been in effect since…1 / 2
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V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005)…against all persons, including delinquents, based on the express language used in the statute, section 960.20(1) [renumbered 938.03], which made it clear the Legislature intended them to be assessed in juvenile cases.3 Both P.P. and J.A. v. State, 633 So. 2d 108 (Fla. 2d DCA 1994), noted that section 985.221, a statute passed prior to section 938.03, provides that in proceedings under Chapter 985, “court fees shall not be charged against nor witness fees allowed to, any party to a delinquency petition or an…
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S.S.M. v. State, 898 So. 2d 84 (Fla. 5th DCA 2004)…o. 2d at 895. The last expression of the Legislature prevails due to the general presumption that later statutes are passed by the Legislature with the knowledge of prior existing laws. Oldham v. Rooks, 361 So. 2d 140, 143 (Fla.1978); J.A. v. State, 633 So. 2d 108, 110 (Fla. 2d DCA 1994). Here, section 938.08, requiring the $201 surcharge for a “violation” of section 784.03, would prevail because it was passed in 2001, while section 985.221 was last updated in 1997. We presume that the Legislature was aware o…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Parsons, 569 So. 2d 437 (Fla. 1990)
- T.J. v. State, 619 So. 2d 425 (Fla. 1st DCA 1993)
- State v. Anatoly Vikhlyantsev, 602 So. 2d 636 (Fla. 2d DCA 1992)