J. E. R., A MINOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1975-08-25
No. Y-158
BOYER, C. J., and MILLS and SMITH, JJ., concur.
317 So. 2d 89 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Circuit Court, in withholding adjudication of delinquency and placing this minor on probation after he admitted to breaking and entering with intent to commit petit larceny, assessed $100 in court costs against the minor and his parents in order, apparently, to impress upon them the seriousness of his misconduct. However well-motivated and effective that assessment may be, it was forbidden by the Legislature. Sec. 39.19, F.S.1973. Insofar as the order from which the appeal was taken assesses court costs, it is

Reversed.

BOYER, C. J., and MILLS and SMITH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …M. The order assessing costs and attorney’s fees against the Division of Family Services (now Social and Economic Services), Department of Health and Rehabilitative Services, State of Florida, is reversed on authority of J.E.R. v. State of Florida, 317 So. 2d 89 (Fla. 1st. DCA 1975), and Florida Department of Health and Rehabilitative Services, etc. v. R.M.A. et al., 327 So. 2d 844 (Fla. 1st. DCA 1976). MILLS, Acting C. J., and SMITH and ERVIN, JJ., concur.…
  • In re the Interest of T.A.J. v. State, 432 So. 2d 685 (Fla. 5th DCA 1983)
    …partment’s contention and reverse. The imposition of court fees against the department is prohibited by section 39.19, Florida Statutes (1981). See Division of Family Services, etc. v. M.V.W., 349 So. 2d 232 (Fla. 1st DCA 1977) and J.E.R. v. State, 317 So. 2d 89 (Fla. 1st DCA 1975). If the charges are construed as fines, then the fines were improperly imposed. A court only has authority to impose a fine in two cases: first, where the legislature has provided for a fine for the violation of a statutory prov…
  • Dep't of Health & Rehabilitative Servs. v. A.F., 528 So. 2d 87 (Fla. 5th DCA 1988)
    …preparation of the record, would not be. We think this case should be decided consistently with A.Z. v. State. Here, the costs allowed against HRS were neither witness fees nor court fees. However, we note an apparent conflict with J.E.R. v. State, 317 So. 2d 89 (Fla. 1st DCA 1975) and Division of Family Services Department of Health and Rehabilitative Services v. M.V.W., 349 So. 2d 232 (Fla. 1st DCA 1977), although it is not expressly stated in those eases what costs had been assessed. AFFIRM. COWART, J.…

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