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Florida Statute 938.05 | Lawyer Caselaw & Research
F.S. 938.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.05

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.05
938.05 Additional court costs for felonies, misdemeanors, and criminal traffic offenses.
(1) Any person pleading nolo contendere to a misdemeanor or criminal traffic offense under s. 318.14(10)(a) or pleading guilty or nolo contendere to, or being found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as a cost in the case, in addition to any other cost required to be imposed by law, a sum in accordance with the following schedule:
(a) Felonies: $225, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.
(b) Misdemeanors: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.
(c) Criminal traffic offenses: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.
(2) Payment of the additional court costs provided for in subsection (1) shall be made part of any plea agreement reached by the prosecuting attorney and defense counsel or the criminal defendant where the plea agreement provides for the defendant to plead guilty or nolo contendere to any felony, misdemeanor, or criminal traffic offense under the laws of this state or any municipal or county ordinance which adopts by reference any misdemeanor under state law.
(3) The clerk of the court shall collect such additional costs for deposit in the fine and forfeiture fund established pursuant to s. 142.01 and shall notify the agency supervising a person upon whom costs have been imposed upon full payment of fees.
History.ss. 2, 3, ch. 85-213; s. 1, ch. 86-154; ss. 2, 3, ch. 88-280; s. 3, ch. 89-129; s. 1, ch. 90-66; s. 7, ch. 97-271; s. 124, ch. 2003-402; s. 43, ch. 2008-111; s. 29, ch. 2019-58.
Note.Former s. 27.3455(1)-(3).

F.S. 938.05 on Google Scholar

F.S. 938.05 on Casetext

Amendments to 938.05


Arrestable Offenses / Crimes under Fla. Stat. 938.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AYOS, v. STATE, 275 So. 3d 178 (Fla. App. Ct. 2019)

. . . No. 16-3306CF10A and Case No. 16-5007CF10A, the $60 charges for the misdemeanor counts under section 938.05 . . . , Florida Statutes (2016), must be stricken because section 938.05 allows imposition of court costs per . . . See , e.g. , ... § 938.05(1), Fla. Stat. (2016) ('shall pay as a cost in the case') ..."). . . .

J. CHAMBLEE, v. FLORIDA, L., 905 F.3d 1192 (11th Cir. 2018)

. . . . § 938.05 ; (2) a $20 court cost under Fla. Stat. § 938.06 ; and (3) a $50 fine under Fla. . . .

HOGLE, v. STATE, 250 So. 3d 178 (Fla. App. Ct. 2018)

. . . $225 for felony court costs and an additional $100 for misdemeanor court costs pursuant to section 938.05 . . .

ANGUILLE, v. STATE, 238 So. 3d 856 (Fla. App. Ct. 2018)

. . . possession of cannabis in excess of the statutory maximum; (2) court costs for that offense under section 938.05 . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . Stat. (2016) (“shall pay as an additional cost in the case”); § 938.05(1), Fla. . . .

HATTEN, v. STATE, 152 So. 3d 849 (Fla. Dist. Ct. App. 2014)

. . . correction of the following minor sentencing errors: imposition of a $230 cost pursuant to section 938.05 . . .

STEPHEN, v. STATE, 150 So. 3d 268 (Fla. Dist. Ct. App. 2014)

. . . Stephen correctly argues that the trial court erred in awarding $225 under section 938.05(1), Florida . . . We review the statutory requirements for imposing assessments under section 938.05 de novo. . . . Because the offense date in this case was March 26, 2006, section 938.05, Florida Statutes (2005), controls . . .

JOHNSON, v. STATE, 149 So. 3d 732 (Fla. Dist. Ct. App. 2014)

. . . four minor sentencing errors in this Anders appeal: (1) imposition of a $230 cost pursuant to section 938.05 . . .

CRAPSER, v. STATE, 148 So. 3d 794 (Fla. Dist. Ct. App. 2014)

. . . Next, the additional cost imposed pursuant to section 938.05, Florida Statutes (2007), must be reduced . . .

HARRISON, v. STATE, 146 So. 3d 76 (Fla. Dist. Ct. App. 2014)

. . . arguing that the trial court erred by incorrectly indicating that the fine imposed pursuant to section 938.05 . . . Section 938.05(l)(a), Florida Statutes (2011), provides that anyone found guilty of any felony in Florida . . .

TURNER, v. STATE, 109 So. 3d 276 (Fla. Dist. Ct. App. 2013)

. . . Section 938.05(l)(a), Florida Statutes (2011), mandates a $225 fine for felony convictions. . . . We reverse the imposition of the $230 fine in violation of section 938.05(l)(a) and remand with instructions . . .

J. CHAMBLEE, v. STATE, 93 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

. . . In pertinent part, they are $225.00 as an “additional court cost” pursuant to section 938.05, Florida . . . the amount of the assessment that could be imposed for crime prevention was $200.00 for a felony. § 938.05 . . . .3d 394 (Fla. 2d DCA 2011) (reducing assessment to the amount permitted under the version of section 938.05 . . .

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

. . . The court imposed a $225 charge for a Local Government Criminal Justice Trust Fund, under section 938.05 . . . See § 938.05, Fla. Stat. (2007). . . .

THOMAS, v. STATE, 76 So. 3d 360 (Fla. Dist. Ct. App. 2011)

. . . Criminal Procedure 3.800(b)(2), that the trial court erred in imposing certain costs under section 938.05 . . . Section 938.05(l)(a) provides that a trial court must impose court costs of $225 if a person is found . . . sentenced Appellant for two felonies, the trial court mistakenly imposed court costs pursuant to section 938.05 . . . The trial court therefore imposed $50 more in costs than statutorily allowed as provided by section 938.05 . . . remand for the trial court to enter a corrected order reflecting $225 in costs pursuant to section 938.05 . . .

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

. . . Clearing Trust Fund; 3) Section 938.15, Criminal Justice Education for Local Government; 4) Section 938.05 . . .

SWIFT, v. STATE, 53 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . Swift’s contention that the trial court erred in imposing certain costs under sections 938.05(1) and . . . of $225 to the Criminal Justice Trust Fund must be reduced to $200 based on the version of section 938.05 . . . See § 938.05(l)(a), Fla. Stat. (2007); Torres v. State, 42 So.3d 914, 915 (Fla. 2d DCA 2010). . . .

TORRES, v. STATE, 42 So. 3d 914 (Fla. Dist. Ct. App. 2010)

. . . $495 in costs, which included a $150 prosecution cost and a $225 cost for felonies pursuant to section 938.05 . . . Torres also argued that the $225 cost must be reduced to $200 based on the version of section 938.05( . . . also argues, and we agree, that the $225 cost must be reduced to $200 based on the version of section 938.05 . . . enter a corrected order reflecting $100 in prosecution costs and $200 in costs pursuant to section 938.05 . . .

T. D. S. v. STATE, 45 So. 3d 18 (Fla. Dist. Ct. App. 2010)

. . . .2006) (recognizing the legislature has not expressly provided for assessment of costs under sections 938.05 . . .

M. BROADNAX, v. STATE, 987 So. 2d 160 (Fla. Dist. Ct. App. 2008)

. . . because the offense occurred before the effective dates of the authorizing statutes, sections 939.185 and 938.05 . . . As to the $200 cost, this cost is authorized under section 938.05, which was enacted under chapter 97 . . .

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

. . . crimes compensation trust fund of 938.03 in the amount of $50, the additional court costs for felonies, 938.05 . . . On appeal, C.S. argues that the trial court erred in imposing costs pursuant to sections 938.01 and 938.05 . . . The State correctly concedes error on the cost imposed pursuant to section 938.05. See V.K.E. v. . . . State, 934 So.2d 1276, 1282 (Fla.2006) (holding that section 938.05 does not apply in juvenile delinquency . . . Like section 938.05, section 938.01 makes no mention of juvenile delinquency proceedings. . . .

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

. . . For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit . . . The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was . . . court erred in this juvenile case, in imposing the surcharges against V.K.E., pursuant to sections 938.05 . . . and juvenile delinquency proceedings, but has not provided for the assessment of costs under sections 938.05 . . . ’s prohibition against charging “court fees” does not prohibit the surcharges set forth in sections 938.05 . . .

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

. . . For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit . . . The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was . . . court erred in this juvenile case, in imposing the surcharges against V.K.E., pursuant to sections 938.05 . . .