V.K.E. v. State

The issue in this case is whether or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 to assess surcharges of $201.00 and $151.00, respectively, against the juvenile “as a condition of probation, community control, or any other court-ordered supervisions.” We are bound by our prior decision in S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004), which upheld the imposition of a $201.00 surcharge against a child in a juvenile delinquency proceeding, pursuant to section 938.08, Florida Statutes. However, we conclude that because this issue…