Brenton McNeil v. State of Florida
215 So. 3d 55
| Fla. | 2017Background
- McNeil pled nolo contendere to three counts of sexual battery of a child under 12 by a person under 18 and one count of lewd/molestation under s. 794.011; costs imposed under 938.08, 938.085, and 938.10.
- Trial court levied costs: $603 under 938.08, $453 under 938.085, and $404 under 938.10(1).
- Fifth District affirmed per-count costs; certified whether costs are per count or per case.
- McNeil argued costs were per case; district court held costs are per count based on statutory language.
- This Court held costs must be imposed per count under the 2006 statutes; approved the Fifth District’s decision.
- Dissent (Pariente, joined by Quince) would hold costs are per case due to ambiguity and rule of lenity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sections 938.08, 938.085, and 938.10(1) impose costs per count or per case | McNeil—per-count | State—per-count | Per-count imposition affirmed |
Key Cases Cited
- Rafael v. State, 679 So.2d 314 (Fla. 1st DCA 1996) (costs under certain statutes are per case, cited as contrast to per-count rules in others)
- Hunter v. State, 651 So.2d 1258 (Fla. 1st DCA 1995) (per-case language in some statutes relied upon as contrast)
- Hollingsworth v. State, 632 So.2d 176 (Fla. 5th DCA 1994) (per-case costs under 27.3455; distinguishable from 938.08/085/10(1))
- Mills v. State, 672 So.2d 873 (Fla. 2d DCA 1996) (per-case costs under former 27.3455; not controlling here)
- Stickles v. State, 44 So.3d 653 (Fla. 1st DCA 2010) (costs per-case principle; distinguishable due to different statute text)