Adderley v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 23, 2026
Docket1D2025-0188
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-0188
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TYRONE O’NEILL ADDERLEY, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Leon County.
Stephen S. Everett, Judge.
September 23, 2026
WINOKUR, J.
Tyrone O’Neill Adderley, Jr. appeals his judgment and
sentence for trafficking in 200 grams or more of methamphetamine
and conspiracy to traffic in methamphetamine. We reject
Adderley’s claims that the court committed reversible error at trial
and affirm the judgment of guilt.
Adderley also claims that the written sentencing order
improperly deviates from oral pronouncement at sentencing. The
written sentencing order imposed $25,105 “as the 5% surcharge
required by § 938.04, F.S.” Adderley filed a motion under Florida
Rule of Criminal Procedure 3.800(b)(2), noting that the court had
orally pronounced at sentencing $105 as the five percent surcharge
required by section 938.04, Florida Statutes, and referring to the
$25,105 surcharge indicated in the written sentence as a
“scrivener’s error.” The court failed to rule on the motion within
sixty days, so it was deemed denied. Fla. R. Crim. P. 3.800(b)(2)(B).
On appeal, the State concedes error. We disagree that Adderley
has shown reversible error.
Section 938.04 imposes, “[i]n addition to any fine for any
criminal offense prescribed by law,” an “additional 5-percent
surcharge thereon[,]” as a court cost. The funds collected under
section 938.04 are deposited in the Crimes Compensation Trust
Fund.
When pronouncing Adderley’s sentence, the court ordered
$2,100 “as a fine pursuant to § 775.083,” and “$105 as to the 5%
surcharge required by section 938.04.” One hundred and five is five
percent of 2,100. The written sentencing order indicated the same
$2,100 fine, but indicated $25,105 as the amount due as a result of
the surcharge pursuant to section 938.04, instead of $105.
We disagree that the $25,105 cost was a “scrivener’s error.”
While Adderley acknowledges the $2,100 fine, he ignores the
$500,000 fine that the court orally pronounced and was indicated
on the sentencing order. This fine was imposed pursuant to section
893.135(1)(f)1.c., Florida Statutes (two counts calling for $250,000
fine each). $25,105 equals five percent of $500,000 plus $2,100.
Accordingly, $25,105 was the proper surcharge imposed pursuant
to section 938.04. *
The surcharge imposed under section 938.04 is based on “any
fine” and amounts to an additional five percent “thereon[.]” By its
terms the surcharge applies to fines imposed under section
893.135(1). See Altman v. State, 36 So. 3d 894, 895 (Fla. 4th DCA
2010) (acknowledging the propriety of the section 938.04 surcharge
* At the sentencing hearing, the judge had the clerk read off
the costs to be imposed, which included the $2,100 fine and the
$105 surcharge. The $500,000 was separately imposed by the
judge and not part of the clerk’s list of costs. This discrepancy
probably accounts for the announcement of $105 as the surcharge,
rather than $25,105, which takes the $500,000 fine into account.
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to a fine imposed pursuant to section 893.135, Florida Statutes);
Davis v. State, 418 So. 3d 863, 864 n.1 (Fla. 6th DCA 2025)
(describing the “mandatory” five percent surcharge under section
938.04 on a fine under section 893.135(1)(f)); Gordon v. State, 139
So. 3d 958 (Fla. 2d DCA 2014) (noting that a $500,000 fine required
by section 893.135(1) requires a $25,000 surcharge under section
938.04).
While the $25,000 surcharge on the $500,000 fine is legal,
Adderley’s specific claim is that it cannot be imposed in the written
sentence because it was not orally pronounced. We disagree. We
first note that the Fourth District in Altman specifically approved
the imposition of the surcharge on a section 893.135(1) fine even
though it was not orally pronounced, because the surcharge was
“mandatory.” Altman, 36 So. 3d at 895. This is correct.
“Statutorily-mandated costs may be imposed without notice and,
thus, need not be specifically pronounced at the sentencing
hearing.” Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).
Section 938.04 is classified in Chapter 938 of the Florida Statutes
under “Part I – Mandatory Costs in All Cases[.]” Accordingly, the
court did not err in imposing the mandatory $25,000 surcharge to
the mandatory $500,000 fine, in spite of the failure to pronounce it
at sentencing. We affirm the imposition of the $25,105 surcharge.
AFFIRMED.
ROWE and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Ross S. Haine II, Assistant
Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and David Welch, Assistant
Attorney General, Tallahassee, for Appellee.
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