State v. J.C.

VILLANTI, Judge.

The State appeals the trial court’s order refusing to assess surcharges of $201 under section 938.08, Florida Statutes (2004), and $151 under section 938.085, Florida Statutes (2004), against five juveniles— J.C., J.G., E.G., T.N., and C.C. The trial court refused to assess the surcharges because, in contrast to section 938.03, Florida Statutes (2004),1 sections 938.08 and 930.085 “make absolutely no reference to being adjudicated delinquent or the commission of a delinquent act.” We reverse and certify a question of great public importance.

J.C., J.G., E.G., T.N., and C.C. are…