The Florida Senate

¹775.083  Fines.--

(1)  A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082 A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a)  $15,000, when the conviction is of a life felony.

(b)  $10,000, when the conviction is of a felony of the first or second degree.

(c)  $5,000, when the conviction is of a felony of the third degree.

(d)  $1,000, when the conviction is of a misdemeanor of the first degree.

(e)  $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f)  Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g)  Any higher amount specifically authorized by statute.

If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.

(2)(a)  A county may adopt an ordinance imposing, in addition to any other fine, penalty, or cost imposed by subsection (1) or any other provision of law, a fine upon any person who, with respect to a charge, indictment, or prosecution commenced in that county, pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law.

(b)  The fine is $50 for a felony and $20 for any other offense. When the defendant enters the plea or is convicted or adjudicated, in a court in that county, the court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from being rehabilitated or making restitution.

(c)  The clerk of the court shall collect and deposit the fines in an appropriate county account for disbursement for the purposes provided in this subsection.

(d)  A county that imposes the additional fines authorized under this subsection shall account for the fines separately from other county funds, as crime prevention funds. The county, in consultation with the sheriff, must expend such fines for the costs of collecting the fines and for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3)  The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.--s. 4, ch. 71-136; s. 6, ch. 74-383; s. 1, ch. 77-97; s. 1, ch. 77-174; s. 1, ch. 96-408; s. 1810, ch. 97-102; s. 117, ch. 2003-402.

¹Note.--Section 117, ch. 2003-402, amended s. 775.083, effective July 1, 2004, to read:

775.083  Fines.--

(1)  A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082 A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a)  $15,000, when the conviction is of a life felony.

(b)  $10,000, when the conviction is of a felony of the first or second degree.

(c)  $5,000, when the conviction is of a felony of the third degree.

(d)  $1,000, when the conviction is of a misdemeanor of the first degree.

(e)  $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f)  Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g)  Any higher amount specifically authorized by statute.


Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01 If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.

(2)  In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3)  The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.