T. J.
v.
STATE OF FLORIDA

Fla. 2d DCA | 2023-09-01
No. 22-2118
Florida District Court of Appeal, Second District (2023)

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Holding

A trial court must cite the applicable county ordinance when imposing a fee under section 939.185, Florida Statutes.


Headnotes

[1] A fee imposed under section 939.185, Florida Statutes, must be supported by citation to the applicable county ordinance.

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Facts & Procedural History

T.J. was found guilty in juvenile court of committing delinquent acts: minor in possession of a firearm and resisting arrest without violence. The tri…

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Opinion of the Court

SLEET, Chief Judge.

T.J. challenges the trial court's juvenile disposition order in which the court found him guilty of committing the delinquent acts of minor in possession of a firearm (count one) and resisting arrest without violence (count two). T.J. argues, and the State concedes, that the trial court erred in imposing a $65 fee under section 939.185, Florida Statutes (2022), without a citation to a county ordinance. We affirm the disposition order in all respects; however, we remand to the trial court for the limited purpose of correcting the order assessing fines and costs to reflect the applicable county ordinance. See Summers v. State, 276 So. 3d 1012, 1013 (Fla. 2d DCA 2019); see also Dibelka v. State, 326 So. 3d 835, 837-38 (Fla. 2d DCA 2021). Affirmed and remanded with instructions.

VILLANTI and ATKINSON, JJ., Concur.

Opinion subject to revision prior to official publication.


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