(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. As used in this subsection, the term “convicted” or “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(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.
(3) The clerk of the court of each county is the entity responsible for collecting payment of fines, fees, service charges, and court costs. Unless otherwise designated by the court, a person who has been ordered to pay court obligations under this section shall immediately contact the clerk to pay fines, fees, service charges, and court costs in full or to apply for enrollment in a payment plan pursuant to s. 28.246(4).
(4) 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; s. 5, ch. 2009-6; s. 29, ch. 2010-162; s. 8, ch. 2017-126; s. 13, ch. 2021-116; s. 19, ch. 2021-131.
Structure Florida Statutes
Chapter 775 - General Penalties; Registration of Criminals
775.01 - Common Law of England.
775.011 - Short Title; Applicability to Antecedent Offenses.
775.02 - Punishment of Common-Law Offenses.
775.021 - Rules of Construction.
775.022 - Effect of Reenactment or Amendment of Criminal Statutes; References in Criminal Statutes.
775.04 - What Penal Acts or Omissions Not Public Offenses.
775.08 - Classes and Definitions of Offenses.
775.081 - Classifications of Felonies and Misdemeanors.
775.0835 - Fines; Surcharges; Crimes Compensation Trust Fund.
775.0837 - Habitual Misdemeanor Offenders.
775.0841 - Legislative Findings and Intent.
775.0842 - Persons Subject to Career Criminal Prosecution Efforts.
775.0843 - Policies to Be Adopted for Career Criminal Cases.
775.08435 - Prohibition on Withholding Adjudication in Felony Cases.
775.0844 - White Collar Crime Victim Protection Act.
775.0845 - Wearing Mask While Committing Offense; Reclassification.
775.0846 - Possession of Bulletproof Vest While Committing Certain Offenses.
775.0847 - Possession or Promotion of Certain Images of Child Pornography; Reclassification.
775.0849 - Public Service Announcements; Ch. 99-188.
775.085 - Evidencing Prejudice While Committing Offense; Reclassification.
775.0861 - Offenses Against Persons on the Grounds of Religious Institutions; Reclassification.
775.0862 - Sexual Offenses Against Students by Authority Figures; Reclassification.
775.0871 - Public Service Announcements.
775.0877 - Criminal Transmission of Hiv; Procedures; Penalties.
775.13 - Registration of Convicted Felons, Exemptions; Penalties.
775.14 - Limitation on Withheld Sentences.
775.15 - Time Limitations; General Time Limitations; Exceptions.
775.16 - Drug Offenses; Additional Penalties.
775.21 - The Florida Sexual Predators Act.
775.215 - Residency Restriction for Persons Convicted of Certain Sex Offenses.
775.24 - Duty of the Court to Uphold Laws Governing Sexual Predators and Sexual Offenders.
775.25 - Prosecutions for Acts or Omissions.
775.26 - Registration of Career Offenders and Public Notification; Legislative Findings and Intent.
775.261 - The Florida Career Offender Registration Act.
775.30 - Terrorism; Defined; Penalties.
775.31 - Facilitating or Furthering Terrorism; Felony or Misdemeanor Reclassification.
775.32 - Use of Military-Type Training Provided by a Designated Foreign Terrorist Organization.
775.33 - Providing Material Support or Resources for Terrorism or to Terrorist Organizations.
775.34 - Membership in a Designated Foreign Terrorist Organization.