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Juvenile fees up to high court

The Florida Supreme Court will decide whether fees that are imposed on adult defendants should also apply to juveniles.

By JIM ROSS
Published May 31, 2005

Adults must pay the fees. But what about juveniles?

The Florida Supreme Court will answer that question in the coming months, and in the process provide juvenile court judges statewide some much needed guidance.

At issue are two fees that, according to Florida law, judges must impose when sentencing people who have committed certain crimes.

One fee, $201, is assessed against people sentenced for all forms of assault and battery, stalking, domestic violence and sexual battery.

The second fee, $151, must be imposed as part of sentences for similar crimes, although not domestic violence.

Payment is a condition of probation, house arrest, or any other court-ordered supervision.

Last year, when sentencing a girl accused of battery, an Ocala judge imposed both fees. Her lawyer filed an appeal.

On Friday, the 5th District Court of Appeal in Daytona Beach said the judge was right to impose the fees. His decision was consistent with one of the appellate court's previous rulings.

But even though it affirmed the judge's ruling, a three-judge panel from the appellate court said this issue "is of great public importance" or "may have a great effect on the proper administration of justice." So the panel asked the state Supreme Court to specifically say whether judges have the power and authority to impose these fees in juvenile court.

All three panel members agreed that the Ocala judge was correct and that the Florida Supreme Court should review the question.

But Judge Winifred J. Sharp went a step further, writing a concurring opinion that says the high court should give juveniles a pass on the fees. Judge Jacqueline R. Griffin joined in that opinion. The panel's third judge, Robert J. Pleus, did not.

The $201 fee is required by Statute 938.08. Some of the money, $85, goes into the state's Domestic Violence Trust Fund. The court clerk gets $1 as a service charge, and the rest goes to defray the costs of incarcerating domestic violence offenders and to train law officers to combat domestic violence.

Statute 938.085 mandates the $151 fee. Again, $1 goes to the court clerk and the rest goes into the state's Rape Crisis Program Trust Fund.

Sharp noted that these laws are part of the general adult criminal statutes, and those particular statutes make no reference to juvenile cases. When writing other parts of Chapter 938, the Legislature specifically did say that juvenile offenders and adults alike must pay certain other mandatory fees.

"If sections 938.08 and 938.085 are applicable to juvenile delinquents cases, then all of the costs and assessments provided for ... in the adult penal system are logically applicable to juveniles," Sharp wrote. "I do not think that this is what the Legislature intended."

After all, Sharp wrote, Florida has separate court systems and procedures for handling juvenile and adult criminal offenders.

"Because the two penal systems for handling adults and juveniles are so different and guided by such different philosophies and goals, I believe ... unless the Legislature expressly makes an adult sanction, cost or surcharge expressly applicable to the juvenile system, it should not be applicable," Sharp concluded.

[Last modified May 31, 2005, 00:44:11]