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Florida Statute 938.01 | Lawyer Caselaw & Research
F.S. 938.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.01

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.01
938.01 Additional Court Cost Clearing Trust Fund.
(1) All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, require every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance to pay $3 as a court cost. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be liable for payment of such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be remitted to the Department of Revenue as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.
(a) All costs collected by the courts pursuant to this subsection shall be remitted to the Department of Revenue in accordance with administrative rules adopted by the executive director of the Department of Revenue for deposit in the Additional Court Cost Clearing Trust Fund. These funds and the funds deposited in the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as follows:
1. Ninety-two percent to the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund.
2. Six and three-tenths percent to the Department of Law Enforcement Operating Trust Fund for the Criminal Justice Grant Program.
3. One and seven-tenths percent to the Department of Children and Families Domestic Violence Trust Fund for the domestic violence program pursuant to s. 39.903(1).
(b) All funds in the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund shall be disbursed only in compliance with s. 943.25(8).
(2) Except as provided by s. 938.15 and notwithstanding any other provision of law, no funds collected and deposited pursuant to this section or s. 943.25 shall be expended unless specifically appropriated by the Legislature.
History.s. 8, ch. 74-386; s. 1, ch. 77-119; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 189, ch. 79-164; s. 144, ch. 79-190; s. 13, ch. 80-71; s. 17, ch. 81-24; s. 81, ch. 81-167; s. 85, ch. 83-55; s. 8, ch. 83-259; s. 20, ch. 84-258; s. 11, ch. 85-224; s. 6, ch. 85-250; s. 11, ch. 86-154; s. 16, ch. 86-187; s. 2, ch. 86-286; ss. 3, 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 42, ch. 93-120; s. 17, ch. 93-252; s. 9, ch. 95-408; s. 12, ch. 97-225; s. 3, ch. 97-271; ss. 39, 40, ch. 2000-171; s. 19, ch. 2001-122; s. 1, ch. 2001-184; s. 3, ch. 2001-232; ss. 29, 30, 54, ch. 2001-254; s. 18, ch. 2002-55; ss. 76, 77, ch. 2002-402; s. 8, ch. 2003-400; s. 122, ch. 2003-402; s. 12, ch. 2011-52; s. 16, ch. 2012-147; s. 312, ch. 2014-19.
Note.Former s. 943.25(3).

F.S. 938.01 on Google Scholar

F.S. 938.01 on Casetext

Amendments to 938.01


Arrestable Offenses / Crimes under Fla. Stat. 938.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. MURPHY, DOC v. STATE, 273 So. 3d 1147 (Fla. App. Ct. 2019)

. . . It also appears that the trial court erroneously combined a $ 151 fine authorized under section 938.01 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . . ___ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . . ■ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund). . . .

CLAVELLE, v. STATE, 80 So. 3d 456 (Fla. Dist. Ct. App. 2012)

. . . inaccurate, and it appears that the court intended to make these assessments under section 983.03 and 938.01 . . .

DE LA FUENTE, v. STATE, 58 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . as follows: 1) Section 938.03, Florida Statutes (2007), Crimes Compensation Trust Fund; 2) Section 938.01 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . . _ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund). . . .

WHITE, v. STATE, 22 So. 3d 157 (Fla. Dist. Ct. App. 2009)

. . . The trial court assessed costs of $3 under section 938.01 and $2 under section 938.15, Florida Statutes . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . . _ $ 3.00 as a court cost pursuant to section 943.25(3)938.01, Florida Statutes (Criminal Justice Trust . . .

EDNEY, v. STATE, 3 So. 3d 1281 (Fla. Dist. Ct. App. 2009)

. . . justice education degree programs and training courses”: In addition to the costs provided for in s. 938.01 . . . Section 938.15 provides that “[i]n addition to the costs provided for in s. 938.01, municipalities and . . . The “costs provided for” in section 938.01 are assessed against “every person convicted for violation . . . Section 938.01 provides, in pertinent part: All courts created by Art. . . . . § 938.01(1), Fla. Stat. (2006). . . .

L. HENRY J. v. MILWAUKEE COUNTY,, 539 F.3d 573 (7th Cir. 2008)

. . . . § 938.01(2)(c). . . . Stat. § 938.01(2)(c), (f). . . .

C. S. v. STATE, 985 So. 2d 706 (Fla. Dist. Ct. App. 2008)

. . . [T]he Court will re-impose $165 and specify that those costs came from the mandatory court costs in 938.01 . . . On appeal, C.S. argues that the trial court erred in imposing costs pursuant to sections 938.01 and 938.05 . . . Like section 938.05, section 938.01 makes no mention of juvenile delinquency proceedings. . . . Therefore, both the $3 surcharge imposed pursuant to section 938.01 and the $112 cost imposed pursuant . . . reverse and remand with instructions that the trial court strike the costs imposed pursuant to sections 938.01 . . .

In MORGAN, v. Jo-, 353 B.R. 599 (Bankr. E.D. Ark. 2006)

. . . for the 1997 Chevrolet Truck and 1996 Grand Am hid are on one installment note. 5/31/06 Check 4736 $ 938.01 . . .

KIMBALL, v. STATE, 933 So. 2d 1285 (Fla. Dist. Ct. App. 2006)

. . . Section 938.15 provides that “[i]n addition to the costs provided for in s. 938.01, municipalities and . . . The “costs provided for” in section 938.01 are assessed against “every person convicted for violation . . . a state penal or criminal statute or convicted for violation of a municipal or county ordinance.” § 938.01 . . . make the $2 assessment, it shall be an additional cost in every case where the costs provided for by 938.01 . . .

V. K. E. v. STATE, 934 So. 2d 1276 (Fla. 2006)

. . . statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section 938.01 . . .

V. K. E. a v. STATE, 902 So. 2d 343 (Fla. Dist. Ct. App. 2005)

. . . statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section 938.01 . . .

BUTLER, v. OAK CREEK- FRANKLIN SCHOOL DISTRICT, s, 116 F. Supp. 2d 1038 (E.D. Wis. 2000)

. . . See §§ 48.01(1), 938.01(1). . . .

FOLGER ADAM v. UNITED STATES, 103 Ct. Cl. 769 (Ct. Cl. 1945)

. . . The proof shows that plaintiff incurred increased labor-costs of $938.01 as a result of the enactment . . . and equitable to allow it reimbursement under the act of June 25, 1938 for the increased-wages of $938.01 . . . Here, however, the proof satisfactorily .shows that the increased wages paid in the amount of $938.01 . . .

ADAM v. UNITED STATES, 60 F. Supp. 200 (Ct. Cl. 1945)

. . . The proof shows that plaintiff incurred increased labor costs of $938.01 as a result of the enactment . . . and equitable to allow it reimbursement under the act of June 25, 1938 for the increased wages of $938.01 . . .