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Florida Statute 938.10 | Lawyer Caselaw & Research
F.S. 938.10 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.10

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.10
938.10 Additional court cost imposed in cases of certain crimes.
(1) If a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, any offense against a minor in violation of s. 784.085, chapter 787, chapter 794, former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s. 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s. 893.147(3), or s. 985.701, or any offense in violation of s. 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the court shall impose a court cost of $151 against the offender in addition to any other cost or penalty required by law.
(2) Each month the clerk of the court shall transfer $50 from the proceeds of the court cost to the Department of Revenue for deposit into the Department of Children and Families’ Grants and Donations Trust Fund for disbursement to the Office of the Statewide Guardian Ad Litem and $100 to the Department of Revenue for deposit into the Department of Children and Families’ Grants and Donations Trust Fund for disbursement to the Florida Network of Children’s Advocacy Centers, Inc., for the purpose of funding children’s advocacy centers that are members of the network. The clerk shall retain $1 from each sum collected as a service charge.
History.s. 84, ch. 2004-265; s. 115, ch. 2006-120; s. 8, ch. 2008-16; s. 25, ch. 2008-172; s. 1, ch. 2009-174; s. 313, ch. 2014-19; s. 25, ch. 2014-160; s. 50, ch. 2016-24; s. 22, ch. 2021-156.

F.S. 938.10 on Google Scholar

F.S. 938.10 on Casetext

Amendments to 938.10


Arrestable Offenses / Crimes under Fla. Stat. 938.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . 2017) ("If the Legislature intended to impose costs per case [under sections 938.08, 938.085, and 938.10 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . committed an enumerated crime against a minor and the child is required to pay $-.........., under section 938.10 . . .

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

. . . we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10 . . .

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

. . . as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08, AND 938.10 . . . reasons that follow, we answer the certified question by holding that sections 938.08, 938.085, and 938.10 . . . 2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.085, and 938.10 . . . of $603 pursuant to section 938.08, $453 pursuant to section 938.085, and $404 pursuant to section 938.10 . . . 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. . . . statutory construction, it is obvious that the statutory language of sections 938.08, 938.085, and 938.10 . . . Id. at 278 (quoting §§ 938.08, 938.085, 938.10, Fla. Stat. (2006)). . . . inherent ambiguity in these statutes is further illustrated by the variance between the text of section 938.10 . . . title of that statute: “Additional court cost imposed in cases of certain crimes against minors.” § 938.10 . . .

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

. . . Dixon additionally appeals the trial court’s assessment of costs under section 938.10, Florida Statutes . . . (2014); $201, pursuant to ■ section 938.08, Florida Statutes (2014); and $303, pursuant to section 938.10 . . . However, costs under section 938.10 were imposed per count. . . . correct sentencing error contending, among other things, that the imposition of costs under section 938.10 . . . We further note that while the certified question in McNeil involved the 2006 version of section 938.10 . . . decided, I would reverse the cost award and remand for entry of an order awarding costs under section 938.10 . . .

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

. . . First, it imposed a cost of $100 pursuant to section 938.10(1), Florida Statutes (2012), which mandates . . . Thus, section 938.10(1) is inapplicable, and the imposition of that cost was improper. . . .

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

. . . as one of great public importance: ARE THE COSTS IMPOSED PURSUANT TO SECTIONS 938.085, 938.08, AND 938.10 . . .

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

. . . $201 surcharge; section 938.085, Florida Statutes (2006), which imposes a $151 surcharge; and section 938.10 . . . 2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.085, and 938.10 . . . of $603 pursuant to section 938.08, $453 pursuant to section 938.085, and $404 pursuant to section 938.10 . . . Sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), provide: 938.08 Additional cost to . . . These definitions support the conclusion that the costs mandated in sections 938.08, 938.085, and 938.10 . . . the text of the statute, but it certainly did not do so when it enacted sections 938.08, 938.085, and 938.10 . . . Rule of Strict Statutory Construction Sections 938.08, 938.085, and 938.10, Florida Statutes (2006), . . . 938.08 and 938.085 are specifically intended to impose costs “in addition to any sanction,” and section 938.10 . . . surcharge shall be a condition of probation, community control, or any other court-ordered supervision. 938.10 . . . sections 938.08 and 938.085 and the definition of the word “any” in the phrase “any offense” in section 938.10 . . .

CITIZENS COAL COUNCIL, v. MATT CANESTRALE CONTRACTING, INC., 51 F. Supp. 3d 593 (W.D. Pa. 2014)

. . . . § 938.10, and the RCRA’s recognition of state regulation of coal refuse in 42 U.S.C. § 6905(c)(2). . . . See 30 C.F.R. § 938.10 (1982). . . . .

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

. . . Similarly, the additional cost imposed pursuant to section 938.10(1), Florida Statutes (2007), must be . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . has committed an enumerated crime against a minor and the child is required to pay $.. under section 938.10 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . has committed an enumerated crime against a minor and the child is reouired to pav $.under section 938.10 . . .

E. GONZALEZ, v. STATE, 40 So. 3d 60 (Fla. Dist. Ct. App. 2010)

. . . Finally, the written judgment and sentence imposed a $100 cost pursuant to section 938.10, Florida Statutes . . . Section 938.10 imposes a cost in certain cases involving crimes against minors. . . . State, 963 So.2d 342, 343 (Fla. 2d DCA 2007) (finding error in imposition of cost pursuant to section 938.10 . . . We also direct the trial court to strike the $100 cost imposed pursuant to section 938.10. . . .

AL HAMILTON CONTRACTING CO. v. KEMPTHORNE,, 639 F. Supp. 2d 597 (W.D. Pa. 2009)

. . . . § 938.10. . . .

LOVE, v. STATE, 992 So. 2d 823 (Fla. Dist. Ct. App. 2008)

. . . The trial court imposed a $16.25 cost pursuant to section 938.10, Florida Statutes (2004). . . . See § 938.10(l). . . . Section 938.10 became effective on July 1, 2004, after Love committed attempted voluntary manslaughter . . .

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

. . . under section 938.085, effective July 1, 2003, and $101 for the Child Advocacy Trust Fund under section 938.10 . . .

UNITED STATES v. R. HUBLER, G. R. G. d b a H T a H T a, 117 B.R. 160 (W.D. Pa. 1990)

. . . . § 938.10 (1989). . . . .

PENNSYLVANIA COAL MINING ASSOC. v. G. WATT,, 562 F. Supp. 741 (M.D. Pa. 1983)

. . . An appropriate order will be entered remanding 30 C.F.R. 938.10 and 938.11 to the Secretary to condition . . .

LAKESIDE BRIDGE STEEL CO. v. MOUNTAIN STATE CONSTRUCTION CO. INC., 446 F. Supp. 1163 (E.D. Wis. 1978)

. . . Plaintiff is seeking $285,-938.10 as the principal amount owing under the contract, plus interest, and . . .

s Co. v., 7 B.T.A. 978 (B.T.A. 1927)

. . . payable_ _ Inventory supplies_ 1, 384. 83 Employees’ savings_ 84. 0i) Fuel_ 50. 00 Accrued items_ 1, 938.10 . . .