Chapter 632 - PENALTIES

Sec. 630.106. - Fines and costs to be repaid. Chapter 634 - FINES AND COSTS Chapter 632 - PENALTIES[1]

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State Law reference— Excessive punishments, Fla. Const. Art. I, § 17; administrative penalties, Fla. Const. Art. I, § 18; costs, Fla. Const. Art. I, § 19; status of ordinance violations, F.S. § 775.08.

Sec. 632.101. - Classes of offenses.

(a)

The following classes of offenses are established, and any person violating a provision of the Ordinance Code or an ordinance of the City setting forth an established class of offense and prescribing no other specific penalty shall, upon conviction and adjudication of guilt, be punished as follows:

(1)

For a class A offense, by a fine of not more than $25 or by imprisonment of not more than ten days, or by both a fine and imprisonment.

(2)

For a class B offense, by a fine of not more than $50 or by imprisonment of not more than 30 days, or by both a fine and imprisonment.

(3)

For a class C offense, by a fine of not more than $100 or by imprisonment of not more than 60 days, or by both a fine and imprisonment.

(4)

For a class D offense, by a fine of not more than $500 or by imprisonment of not more than 60 days, or by both a fine and imprisonment.

(b)

Whenever a provision of the Ordinance Code or any ordinance of the City makes or declares it to be unlawful or an offense to do or fail to do any act or thing, and no established class of offense or specific penalty is provided, the violation shall constitute a class C offense.

(Code 1965, § 1-8; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-1049-512, § 1; Ord. 83-591-400, § 1; Ord. 94-1201-679, § 1)

Note— Former § 304.101.

Sec. 632.102. - Accessory after the fact.

A person who is convicted as an accessory after the fact under Section 600.105 shall, upon adjudication of guilt, be punished as follows:

(a)

If the offense with respect to which the person is an accessory after the fact is punishable as a class A offense, the person convicted shall be guilty of a class A offense.

(b)

If the offense with respect to which the person is an accessory after the fact is punishable as a class B offense, the person convicted shall be guilty of a class A offense.

(c)

If the offense with respect to which the person is an accessory after the fact is punishable as a class C offense, the person convicted shall be guilty of a class B offense.

(d)

If the offense with respect to which the person is an accessory after the fact is punishable as a class D offense, the person convicted shall be guilty of a class C offense.

(e)

If the offense with respect to which the person is an accessory after the fact is punishable by a specific penalty other than those described in Section 632.101(a), the person convicted shall be punished by a fine of not exceeding one-half of the maximum fine or by imprisonment for a term not exceeding one-half of the maximum term for which the principal could be punished, or by both a fine and imprisonment if this is permitted.

(Ord. 83-591-400, § 1)

Sec. 632.103. - Attempts, solicitation, conspiracy.

A person who is convicted of the offense of unlawful attempt, unlawful solicitation or unlawful conspiracy under Section 600.106 shall, upon adjudication of guilt, be punished as follows:

(a)

If the offense attempted, solicited or conspired to is punishable as a class A offense, the person convicted shall be guilty of a class A offense.

(b)

If the offense attempted, solicited or conspired to is punishable as a class B offense, the person convicted shall be guilty of a class A offense.

(c)

If the offense attempted, solicited or conspired to is punishable as a class C offense, the person convicted shall be guilty of a class B offense.

(d)

If the offense attempted, solicited or conspired to is punishable as a class D offense, the person convicted shall be guilty of a class C offense.

(e)

If the offense attempted, solicited or conspired to is punishable by a specific penalty other than those described in Section 632.101(a), the person convicted shall be punished by a fine of not exceeding one-half of the maximum fine or by imprisonment for a term not exceeding one-half of the maximum term for which the principal could be punished, or by both a fine and imprisonment if this is permitted.

(Ord. 83-591-400, § 1)

Sec. 632.104. - Fines in offenses involving pecuniary gain or loss.

When imposing a fine for an offense whereby the offender obtained some pecuniary gain or the victim suffered some pecuniary loss from the unlawful activity, the court may impose a fine in an amount not exceeding double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. A fine imposed under this Section shall be in lieu of any fine that may be imposed under Section 632.101(a), Section 632.102 or Section 632.103, but not in lieu of a term of imprisonment.

(Ord. 83-591-400, § 1)

Sec. 632.105. - Reserved.

Editor's note— The provisions of former § 632.105, relative to restitution, were deleted as part of the Super Supplement to the Code. Former § 632.105 derived from Ord. 83-591-400, § 1.

Sec. 632.106. - Public service and fine.

In addition to any punishment, the Court may order the defendant to perform a specified public service. The Court may also order the defendant to make a monetary payment or payments to the Victim Assistance Services Trust Fund, established pursuant to Section 111.225, in addition to or in lieu of public service. If the defendant is being sentenced for a violation of an ordinance or Countywide application, then the total amount of fines or payments required under this Section plus the total amount of other fines ordered by the court, other than payments under Section 632.105, shall not be greater than $500.

(Ord. 83-591-400, § 1; Ord. 90-201-72, § 1; Ord. 2006-422-E, § 124)

Sec. 632.107. - Restitution as mitigation in certain offenses.

In the imposition of punishment for an offense involving property, but not injury or opportunity for injury to persons, the court, in its discretion, shall consider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.

(Ord. 83-591-400, § 1)

Sec. 632.108. - Commitment of convicted person.

Whenever a fine shall be imposed on a person convicted of an offense, the County Judge shall commit the accused to the custody of the Sheriff until the fine is collected and, if the fine is not immediately paid to the Clerk of the County Court, the County Judge shall commit the convicted person to the Duval County Jail, there to be imprisoned until the fine shall be paid; provided, that imprisonment shall not exceed three months.

(Code 1965, § 24-7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 304.103.

Sec. 632.109. - Withhold of adjudication.

Unless another provision of the Ordinance Code or another ordinance specifically provides otherwise, and when any person is charged with a violation of a provision of the Ordinance Code or any ordinance, adjudication of guilt shall not be withheld.

(Ord. 94-190-651, § 2)

Sec. 630.106. - Fines and costs to be repaid. Chapter 634 - FINES AND COSTS