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Florida Statute 938.085 | Lawyer Caselaw & Research
F.S. 938.085 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.085

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.085
938.085 Additional cost to fund rape crisis centers.In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 775.21(6) and (10)(a), (b), and (g); 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. 787.01(3); s. 787.02(3); 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court shall impose a surcharge of $151. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $150 of the surcharge shall be deposited into the Rape Crisis Program Trust Fund established within the Department of Health by chapter 2003-140, Laws of Florida. 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.
History.s. 3, ch. 2003-114; s. 9, ch. 2011-220; s. 18, ch. 2012-97; s. 24, ch. 2014-160; s. 17, ch. 2016-104; s. 14, ch. 2017-170; s. 35, ch. 2018-3; s. 4, ch. 2018-128; s. 91, ch. 2019-167.

F.S. 938.085 on Google Scholar

F.S. 938.085 on Casetext

Amendments to 938.085


Arrestable Offenses / Crimes under Fla. Stat. 938.085
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.085.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . 3d 55, 58 (Fla. 2017) ("If the Legislature intended to impose costs per case [under sections 938.08, 938.085 . . . In Case No. 16-3306CF10A, the $151 charge for the Rape Crisis Trust Fund under section 938.085, Florida . . . must be stricken because none of the convictions in that case are offenses enumerated under section 938.085 . . .

HADDOCK, v. STATE, 255 So. 3d 994 (Fla. App. Ct. 2018)

. . . pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 . . .

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

. . . the following question as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . . For the reasons that follow, we answer the certified question by holding that sections 938.08, 938.085 . . . 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 . . . The Legislature chose not to include such language in sections 938.085, 938.08, and 938.10(1), Florida . . . I disagree that the cost statutes, sections 938.08, 938.085, and 938.10, are clear and unambiguous. . . . the rules of statutory construction, it is obvious that the statutory language of sections 938.08, 938.085 . . . 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 . . . Sawaya’s dissent in the case below, I would conclude that the costs provided for in sections 938.08, 938.085 . . .

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

. . . When he was sentenced, Dixon was ordered to pay mandatory surcharges of $151, pursuant to section 938.085 . . . Florida Supreme Court as a matter of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . . We note that the imposition of costs per case under sections 938.085 and 938.08 has not been raised as . . .

C. MATTHEWS, v. STATE, 171 So. 3d 800 (Fla. Dist. Ct. App. 2015)

. . . Lastly, the trial court imposed a total cost of $152 pursuant to section 938.085, Florida Statutes (2012 . . .

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

. . . Procedure 9.030(a)(2)(A)(v) as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085 . . .

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

. . . these statutes are section 938.08, Florida Statutes (2006), which imposes a $201 surcharge; section 938.085 . . . section 794.011(2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.085 . . . the four convictions, resulting in costs of $603 pursuant to section 938.08, $453 pursuant to section 938.085 . . . 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 . . . intent in the text of the statute, but it certainly did not do so when it enacted sections 938.08, 938.085 . . . 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,” . . . surcharge shall be a condition of probation, community control, or any other court-ordered supervision_ 938.085 . . . opinion rests on the definition of the word “a” in the phrase “a violation” in sections 938.08 and 938.085 . . .

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

. . . Fund surcharges, listed on the costs order as “Other” and citing no statutes, are sections 938.08 and 938.085 . . .

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

. . . recognizing the legislature has not expressly provided for assessment of costs under sections 938.05 and 938.085 . . .

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

. . . holding that a trial judge does not have the power to impose surcharges pursuant to sections 938.08 and 938.085 . . .

CLARK, v. STATE, 963 So. 2d 911 (Fla. Dist. Ct. App. 2007)

. . . The first two items challenged by Clark are surcharges of $150 and $2 imposed under section 938.085, . . . Section 938.085 became effective on July 1, 2003. See ch.2003-114, §§ 3, 5, Laws of Fla. . . .

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

. . . conclude that the trial court erred in ordering B.J.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .

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

. . . conclude that the trial court erred in ordering S.J.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .

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

. . . conclude that the trial court erred in ordering T.J.M. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .

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

. . . conclude that the trial court erred in ordering B.W.H. to pay costs as set forth in sections 938.08 and 938.085 . . . of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 . . .

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)

. . . s point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 and 938.085 . . .

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

. . . second point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 and 938.085 . . .

GRIFFIN, v. STATE, 946 So. 2d 610 (Fla. Dist. Ct. App. 2007)

. . . pursuant to section 939.185, Florida Statutes (2004), and costs of $2 and $150 pursuant to section 938.085 . . . 939.185 was enacted effective July 1, 2004, see ch.2004-265, §§ 88, 109, Laws of Fla., and section 938.085 . . . court to strike the $65 cost pursuant to section 939.185 and the $2 and $150 costs pursuant to section 938.085 . . . Griffin's cost judgment cited section 938.085 in reference to both a $2 and a $150 cost, the statute . . .

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

. . . 938.08, Florida Statutes (2005), to fund programs in domestic violence, and $151 pursuant to section 938.085 . . .

CUTWRIGHT, v. STATE, 934 So. 2d 667 (Fla. Dist. Ct. App. 2006)

. . . We next address whether the trial court erred by imposing a $151 cost pursuant to section 938.085, Florida . . . Section 938.085 did not, however, become effective until July 1, 2003. . . . We therefore strike the costs imposed pursuant to sections 938.085 and 939.185. . . .

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

. . . Section 938.085 contains similar language. . . . 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 . . . Neither section 938.083 nor section 938.085 exempts juvenile delinquencies from the convictions triggering . . . apply “[i]n addition to any sanction imposed for a violation of [the listed statutes]” and that section 938.085 . . . Crimes Compensation Trust Fund authorized by section 938.03(1), Florida Statutes, sections 938.08 and 938.085 . . . In contrast, nothing in sections 938.08 and 938.085 clearly evinces legislative intent to extend the . . . juvenile delinquents in section 938.03(1) and the absence of similar language in sections 938.08 and 938.085 . . . the terms so that we can be sure that it intended this distinction to be applied to sections 938.08, 938.085 . . . In the absence of express language authorizing the “surcharge” in section 938.08 and 938.085 in delinquency . . .

A. WHITAKER, v. STATE, 914 So. 2d 513 (Fla. Dist. Ct. App. 2005)

. . . The trial court imposed $151 for the Rape Crisis Program Trust Fund under section 938.085, effective . . .

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

. . . AUTHORITY IN DELINQUENCY PROCEEDINGS TO IMPOSE THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .

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

. . . on appeal relates to the propriety of imposing statutory surcharges pursuant to sections 938.08 and 938.085 . . . JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .

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

. . . to assess surcharges of $201 under section 938.08, Florida Statutes (2004), and $151 under section 938.085 . . . Section 938.085 provides: Additional cost to fund rape crisis centers. — In addition to any sanction . . . In V.K.E., 902 So.2d 343, the Fifth District applied the same reasoning to section 938.085. . . . The Fifth District also applied this reasoning to section 938.085. V.K.E., 902 So.2d 343. . . . Section 938.085 became effective on July 1, 2003. . . .

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

. . . Appellee contends that under the clear language of sections 938.08 and 938.085, Florida Statutes (2003 . . .

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

. . . JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085 . . .

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

. . . was surcharged $201.00 pursuant to section 938.08, Florida Statutes' and $151.00 pursuant to section 938.085 . . . Sections 938.08 and 938.085 are part of the “general” adult criminal statutes contained in Chapter 938 . . . In the case of section 938.085, the surcharge goes to the Rape Crisis Program Trust Fund, and $1.00 to . . . Yet, sections 938.08 and 938.085 make the payment of substantial funds by the juvenile a condition of . . . Sections 938.08 and 938.085 make no reference to delinquency proceedings. . . . or not a trial judge in a juvenile delinquency proceeding is empowered by section 938.08 and section 938.085 . . .