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Florida Statute 938.08 | Lawyer Caselaw & Research
F.S. 938.08 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.08
938.08 Additional cost to fund programs in domestic violence.In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28, the court shall impose a surcharge of $201. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $85 of the surcharge shall be deposited into the Domestic Violence Trust Fund established in s. 741.01. The clerk of the court shall retain $1 of each surcharge that the clerk of the court collects as a service charge of the clerk’s office. The remainder of the surcharge shall be provided to the governing board of the county and must be used only to defray the costs of incarcerating persons sentenced under s. 741.283 and provide additional training to law enforcement personnel in combating domestic violence.
History.s. 5, ch. 2001-50; s. 90, ch. 2019-167.

F.S. 938.08 on Google Scholar

F.S. 938.08 on Casetext

Amendments to 938.08


Arrestable Offenses / Crimes under Fla. Stat. 938.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . 215 So. 3d 55, 58 (Fla. 2017) ("If the Legislature intended to impose costs per case [under sections 938.08 . . . We affirm the imposition of the $201 domestic violence surcharge under section 938.08, Florida Statutes . . . With convictions of this type, § 938.08, Florida Statutes, requires the imposition of a $201 domestic . . .

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

. . . . ___ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). ___ . . .

WEST, v. STATE, 244 So. 3d 1208 (Fla. App. Ct. 2018)

. . . With convictions of this type, § 938.08, Florida Statutes, requires the imposition of a $201 domestic . . . directions to strike $151 from the battery surcharge amount, leaving only the $201 amount authorized by § 938.08 . . .

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

. . . following question as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . . For the reasons that follow, we answer the certified question by holding that sections 938.08, 938.085 . . . The trial court imposed costs according to the following 2006 statutes: 938.08 Additional cost to fund . . . Plain Meaning of Sections 938.08, 938.085, and 938.10(1) We agree with the district court’s conclusion . . . that costs imposed under sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), should be . . . I disagree that the cost statutes, sections 938.08, 938.085, and 938.10, are clear and unambiguous. . . . analyzing the rules of statutory construction, it is obvious that the statutory language of sections 938.08 . . . Id. at 278 (quoting §§ 938.08, 938.085, 938.10, Fla. Stat. (2006)). . . . Applying the rule of lenity to sections 938.08, 938.085, and 938.10,1 am compelled to conclude that the . . . Judge Sawaya’s dissent in the case below, I would conclude that the costs provided for in sections 938.08 . . .

DIXON, v. STATE, 182 So. 3d 670 (Fla. Dist. Ct. App. 2015)

. . . surcharges of $151, pursuant to section 938.085, Florida Statutes (2014); $201, pursuant to ■ section 938.08 . . . The trial court imposed costs per case under sections 938.08 and 938:085. . . . Supreme Court as a matter of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . . We note that the imposition of costs per case under sections 938.085 and 938.08 has not been raised as . . .

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

. . . . _$201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). . . .

McNEIL, v. STATE, 163 So. 3d 661 (Fla. Dist. Ct. App. 2015)

. . . (a)(2)(A)(v) as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08 . . .

McNEIL, v. STATE, 162 So. 3d 274 (Fla. Dist. Ct. App. 2015)

. . . Among these statutes are section 938.08, Florida Statutes (2006), which imposes a $201 surcharge; section . . . court imposed costs for each of the four convictions, resulting in costs of $603 pursuant to section 938.08 . . . Sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), provide: 938.08 Additional cost to . . . By the plain language of these statutes, sections 938.08 and 938.085 require costs to be assessed for . . . These definitions support the conclusion that the costs mandated in sections 938.08, 938.085, and 938.10 . . . expressing that intent in the text of the statute, but it certainly did not do so when it enacted sections 938.08 . . . Rule of Strict Statutory Construction Sections 938.08, 938.085, and 938.10, Florida Statutes (2006), . . . Sections 938.08 and 938.085 are specifically intended to impose costs “in addition to any sanction,” . . . Therefore, resort to the text of the statutes is necessary: 938.08 Additional cost to fund programs in . . . Although not noted by the majority, the term “any offense” is also found in section 938.08. . . .

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

. . . Program Trust Fund surcharges, listed on the costs order as “Other” and citing no statutes, are sections 938.08 . . .

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

. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ A sum . . .

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

. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 22 So. 3d 1 (Fla. 2009)

. . . . _ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ A sum . . .

D. A. a v. STATE, 11 So. 3d 423 (Fla. Dist. Ct. App. 2009)

. . . .2006) (holding that a trial judge does not have the power to impose surcharges pursuant to sections 938.08 . . .

S. STEMPLER, Jr. v. STATE, 955 So. 2d 654 (Fla. Dist. Ct. App. 2007)

. . . violated the ex post facto provision of the Constitution of the United States because although section 938.08 . . . State, 892 So.2d 538, 540 (Fla. 1st DCA 2005), found that section 938.08 did not violate the ex post . . . Section 938.08 did not become effective until July 1, 2001. See ch. 2001-50, § 5, Laws of Fla. . . . surcharge was retroactively applied at sentencing for crimes committed before the effective date of section 938.08 . . .

B. J. H. A v. STATE, 954 So. 2d 1280 (Fla. Dist. Ct. App. 2007)

. . . V.K.E., we conclude that the trial court erred in ordering B.J.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .

S. J. H. a v. STATE, 954 So. 2d 1280 (Fla. Dist. Ct. App. 2007)

. . . V.K.E., we conclude that the trial court erred in ordering S.J.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .

T. J. M. a v. STATE, 954 So. 2d 1281 (Fla. Dist. Ct. App. 2007)

. . . V.KE., we conclude that the trial court erred in ordering T.J.M. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .

B. W. H. a v. STATE, 954 So. 2d 1281 (Fla. Dist. Ct. App. 2007)

. . . V.K.E., we conclude that the trial court erred in ordering B.W.H. to pay costs as set forth in sections 938.08 . . . those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 . . .

R. R. K. A v. STATE, 953 So. 2d 758 (Fla. Dist. Ct. App. 2007)

. . . Regarding the imposition of statutory surcharges pursuant to sections 938.08 and 938.085, Florida Statutes . . .

S. L. G. A v. STATE, 952 So. 2d 1285 (Fla. Dist. Ct. App. 2007)

. . . to S.L.G.’s point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 . . .

D. W. A. a v. STATE, 952 So. 2d 1209 (Fla. Dist. Ct. App. 2007)

. . . Appellant’s second point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 . . .

T. L. S. a v. STATE, 949 So. 2d 290 (Fla. Dist. Ct. App. 2007)

. . . impose on juveniles in a juvenile delinquency proceeding, the mandatory surcharges set forth in sections 938.08 . . .

W. L. B. a v. STATE, 947 So. 2d 1211 (Fla. Dist. Ct. App. 2007)

. . . respects except for the imposition of the $201 domestic violence surcharge imposed pursuant to section 938.08 . . . authority to impose on juveniles in a juvenile proceeding the mandatory surcharge set forth in section 938.08 . . .

S. P. v. STATE, 936 So. 2d 713 (Fla. Dist. Ct. App. 2006)

. . . felt constrained to impose as a condition of his probation a surcharge of $201 pursuant to section 938.08 . . .

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

. . . The issue is whether sections 938.08 and 938.085 apply in juvenile delinquency proceedings. . . . The plain meaning of sections 938.08 and 938.085 controls. . . . See §§ 938.08, 938.085. . . . The language of sections 938.08 and 938.085 is clear. . . . Here, sections 938.08 and 938.085 were enacted in 2001 and 2003, respectively. . . . As Justice Cantero explains, the plain language of sections 938.08 and 938.085, Florida Statutes (2001 . . . The Legislature mandated that section 938.08, Florida Statutes (2005), apply “[i]n addition to any sanction . . . for the Crimes Compensation Trust Fund authorized by section 938.03(1), Florida Statutes, sections 938.08 . . . In contrast, nothing in sections 938.08 and 938.085 clearly evinces legislative intent to extend the . . . encompassing juvenile delinquents in section 938.03(1) and the absence of similar language in sections 938.08 . . . defined the terms so that we can be sure that it intended this distinction to be applied to sections 938.08 . . . In the absence of express language authorizing the “surcharge” in section 938.08 and 938.085 in delinquency . . .

R. R. a v. STATE, 920 So. 2d 146 (Fla. Dist. Ct. App. 2006)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

B. J. H. a v. STATE, 910 So. 2d 945 (Fla. Dist. Ct. App. 2005)

. . . HAS THE AUTHORITY IN DELINQUENCY PROCEEDINGS TO IMPOSE THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

S. J. H. a v. STATE, 909 So. 2d 411 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

D. W. A. a v. STATE, 909 So. 2d 412 (Fla. Dist. Ct. App. 2005)

. . . second point on appeal relates to the propriety of imposing statutory surcharges pursuant to sections 938.08 . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

STATE v. J. C. J. G. E. G. T. N. C. C., 916 So. 2d 847 (Fla. Dist. Ct. App. 2005)

. . . The State appeals the trial court’s order refusing to assess surcharges of $201 under section 938.08, . . . to assess the surcharges because, in contrast to section 938.03, Florida Statutes (2004), sections 938.08 . . . Section 938.08 provides: Additional cost to fund programs in domestic violence. — In addition to any . . . Section 938.08 requires a court to impose the surcharge for “a violation.” . . . Section 938.08 became effective on July 1, 2001. Section 985.221 was last amended in 1997. . . . .

S. L. G. a v. STATE, 912 So. 2d 613 (Fla. Dist. Ct. App. 2005)

. . . 2004), prohibits the court in delinquency matters, from assessing the surcharge mandated by section 938.08 . . . In S.S.M., we said: [A] plain reading of section 938.08 supports the cost assessment in a juvenile proceeding . . . Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. . . . violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge. § 938.08 . . . The charge required by section 938.08 is not a court fee that would be prohibited by section 985.211. . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . . Appellee contends that under the clear language of sections 938.08 and 938.085, Florida Statutes (2003 . . . proceedings that are not specifically authorized by the Legislature, and in light of the fact that section 938.08 . . .

R. R. K. A v. STATE, 912 So. 2d 328 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

T. J. M. a v. STATE, 907 So. 2d 618 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

A. N. R. A v. STATE, 906 So. 2d 339 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

A. J. N. A v. STATE, 906 So. 2d 339 (Fla. Dist. Ct. App. 2005)

. . . ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE' MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

B. W. H. A v. STATE, 904 So. 2d 659 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

R. R. K. a v. STATE, 904 So. 2d 661 (Fla. Dist. Ct. App. 2005)

. . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . .

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

. . . this case is whether or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 . . . imposition of a $201.00 surcharge against a child in a juvenile delinquency proceeding, pursuant to section 938.08 . . . IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 . . . In S.S.M., a child was assessed a $201.00 surcharge pursuant to section 938.08, Florida Statutes. . . . charge of simple battery, a first degree misdemeanor, and was surcharged $201.00 pursuant to section 938.08 . . . Sections 938.08 and 938.085 are part of the “general” adult criminal statutes contained in Chapter 938 . . . In the case of section 938.08, $85.00 of the surcharge goes to the Domestic Violence Trust Fund, $1.00 . . . Sections 938.08 and 938.085 make no reference to delinquency proceedings. . . .

S. S. M. a v. STATE, 898 So. 2d 84 (Fla. Dist. Ct. App. 2004)

. . . imposed by the court in addition to “any sanction imposed for a violation of ... s. 784.03.... ” § 938.08 . . . S.S.M. argues that because 'the statute at issue here, section 938.08, does not specifically include . . . The State responds that section 938.08 imposes the surcharge on any defendant who “violates” section . . . The State also argues that because section 938.08 is a more recent enactment than section 985.221, it . . . Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . Costs and Fees, of rule 3.986.is amended to add a check-off provision for “$201 pursuant to section 938.08 . . . amendment is in response to chapter 2001-50, section 5, at 320, Laws of Florida, which amended section 938.08 . . . ._ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence). _ Other . . .