Brenton McNeil v. State of Florida

I disagree that the cost statutes, sections 938.08, 938.085, and 938.10, are clear and unambiguous. As a result of this ambiguity and in accordance with the longstanding rule that costs are imposed per case, I agree with Judge Sawaya that “costs under these three statutes should be imposed per case.” McNeil v. State, 162 So.3d 274, 277 (Fla. 5th DCA 2015) (Sawaya, J., dissenting). While it is not determinative, I note that the trial judge himself, then-judge Lambert (now of the Fifth District Court of Appeal) also determined that the statutes are “poorly worded” and ambiguous. Id. at 278.

Judge…