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Florida Statute 938.30 | Lawyer Caselaw & Research
F.S. 938.30 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.30

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.30
938.30 Financial obligations in criminal cases; supplementary proceedings.
(1) Any person liable for payment of any financial obligation in any criminal case is subject to the provisions of this section. Courts operating under the provisions of this section shall have jurisdiction over such financial obligations to ensure compliance.
(2) The court may require a person liable for payment of an obligation to appear and be examined under oath concerning the person’s financial ability to pay the obligation. The judge may convert the statutory financial obligation into a court-ordered obligation to perform community service, subject to the provisions of s. 318.18(8), after examining a person under oath and determining the person’s inability to pay. Any person who fails to attend a hearing may be arrested on warrant or capias issued by the clerk upon order of the court.
(3) The order requiring the person’s appearance shall be served a reasonable time before the date of the examination in the manner provided for service of summons, as provided for service of papers under rules of civil procedure, or by actual notice.
(4) Testimony may be taken regarding any subject relevant to the financial interests of the person tending to aid in satisfying the obligation. Other witnesses who may have information relevant to the issue of the person’s ability or lack of ability to pay the obligation may be examined. Documents and other exhibits may also be produced as evidence.
(5) The court may order that any nonexempt property of the person which is in the hands of another be applied toward satisfying the obligation.
(6) If judgment has not been previously entered on any court-imposed financial obligation, the court may enter judgment thereon and issue any writ necessary to enforce the judgment in the manner allowed in civil cases. Any judgment issued under this section constitutes a civil lien against the judgment debtor’s presently owned or after-acquired property, when recorded pursuant to s. 55.10. Supplementary proceedings undertaken by any governmental entity to satisfy a judgment imposed pursuant to this section may proceed without bond and without the payment of statutory fees associated with judgment enforcement.
(7) Provisions of the Uniform Fraudulent Transfer Act apply to collection matters under this section and may be used to collect any court-imposed financial obligation subject to this section.
(8) If a criminal or civil judgment has previously been entered on a court-imposed financial obligation, the judgment constitutes a civil lien against the judgment debtor’s presently owned or after-acquired real or personal property when recorded pursuant to s. 55.10, except that a judgment on a court-imposed financial obligation is not subject to the 10-year rerecording requirement of s. 55.10. The judgment must secure all unpaid court-imposed financial obligations that are due and may accrue subsequent to the recording of the judgment, as well as interest and reasonable costs for issuing a satisfaction and recording the satisfaction in the official records.
(9) The clerk of the court shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debts or liens imposed and collected under this section in the same manner as prescribed in s. 938.29(3).
(10) In lieu of examining the person, or in addition thereto, the court may order the person to comply with a payment schedule to satisfy the obligation.
(11) Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of court, may be held in civil contempt.
(12) Administrative costs incurred in enforcing compliance under this section shall be paid by the person. Such costs may include postage, copying, docketing fees, service fees, court reporter’s fees, and reimbursements for the costs of processing bench warrants and pickup orders. Reasonable attorney’s fees may be assessed at the court’s discretion. Judges may assess such administrative costs and attorney’s fees against the person as the court deems necessary to offset such fees and costs incurred under this section.
(13) The court may refer any proceeding under this section to a special magistrate who shall report findings and make recommendations to the court. The court shall act on such recommendations within a reasonable amount of time.
(14) The provisions of this section may be used in addition to, or in lieu of, other provisions of law for enforcing payment of court-imposed financial obligations in criminal cases. The court may enter any orders necessary to carry out the purposes of this section.
History.s. 4, ch. 98-247; s. 1, ch. 99-266; s. 129, ch. 2003-402; s. 102, ch. 2004-11; s. 20, ch. 2012-100; s. 9, ch. 2013-109.

F.S. 938.30 on Google Scholar

F.S. 938.30 on Casetext

Amendments to 938.30


Arrestable Offenses / Crimes under Fla. Stat. 938.30
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.30.



Annotations, Discussions, Cases:

Cases from cite.case.law:

S. BYRGE, ON BEHALF OF ESTATE OF BYRGE, v. PREMIUM COAL CO. INC., 301 F. Supp. 3d 785 (E.D. Tenn. 2017)

. . . benefits to the claimant beginning February 2013 (check to be issued March 15, 2013) at the rate of $938.30 . . . benefits to the claimant beginning February 2013 (check to be issued March 15, 2013) at the rate of $938.30 . . .

McGEE, v. STATE, 202 So. 3d 107 (Fla. Dist. Ct. App. 2016)

. . . See § 938.30, Fla. Stat. (2015); Lindquist v. State, 155 So.3d 1193 (Fla. 2d DCA 2014). . . .

FOOTMAN, v. STATE, 197 So. 3d 624 (Fla. Dist. Ct. App. 2016)

. . . See § 938.30, Fla. Stat. (2015); Lindquist v. State, 155 So.3d 1193 (Fla. 2d DCA 2014). . . .

TOWNSEND, v. R. J. REYNOLDS TOBACCO COMPANY,, 192 So. 3d 1223 (Fla. 2016)

. . . except for judgments1 entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29, and 938.30 . . .

R. J. REYNOLDS TOBACCO COMPANY, v. TOWNSEND,, 160 So. 3d 570 (Fla. Dist. Ct. App. 2015)

. . . , except for judgments entered by the clerk of the court pursuant to ss. 55.141, 61.14, 938.29, and 938.30 . . .

NOEL, v. STATE, 127 So. 3d 769 (Fla. Dist. Ct. App. 2013)

. . . relating to a “Collections Program” and the underlying statute authorizing collections courts) (citing § 938.30 . . .

MARTINEZ, v. STATE, 91 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . Extradition costs are imposed and enforced as costs of prosecution under sections 938.27 and 938.30. . . . Also, if the defendant is unable to pay, the court can convert these costs to community service. § 938.30 . . . See §§ 938.27(5), 938.30(6), (12); cf. Woods v. . . .

HERNANDEZ, v. STATE, 46 So. 3d 176 (Fla. Dist. Ct. App. 2010)

. . . See § 938.30(6), Fla. . . .

In WILBORN, C. E. E. A. v. N. A. f k a, 404 B.R. 841 (Bankr. S.D. Tex. 2009)

. . . -WF2279 $ 940.68 03-45134 YES WF2307_$ 126.00 03-45609 NO WF2336$ 0.00 03-45611 YES WF2337-WF2339 $ 938.30 . . .

J. F. A CHILD, v. STATE OF FLORIDA,, 961 So. 2d 991 (Fla. Dist. Ct. App. 2007)

. . . $400.00 without providing her proper notice of her right to contest the amount as required by section 938.30 . . .

L. AKRIDGE, W. L. K. J. L. W. D. L. v. W. CROW, Jr., 903 So. 2d 346 (Fla. Dist. Ct. App. 2005)

. . . Section 938.30, Florida Statutes (2003), authorizes supplementary proceedings for the collection of fines . . . comply with a payment schedule established by the clerk of the court, may be held in civil contempt. § 938.30 . . . The circuit court in Polk County promulgated Administrative Order 7-12.0 to implement section 938.30. . . . The petitioners point to a myriad of flaws in Polk County’s attempt to implement section 938.30. . . . Moreover, this aspect of Polk County’s program is inconsistent with section 938.30(2), which expressly . . .

JOHNSTON, v. STATE, 841 So. 2d 349 (Fla. 2002)

. . . Pursuant to section 938.30(9), the failure to pay court costs results in simply civil contempt. . . . See § 938.30(9), Fla. . . .

CASTRILLON, v. STATE, 821 So. 2d 360 (Fla. Dist. Ct. App. 2002)

. . . Administrative Order (Amended Order), which created the Collection Program was adopted pursuant to section 938.30 . . . found improper because it denied trial judges the discretionary authority provided to them in section 938.30 . . . Section 938.30(2) contemplates that a defendant will be examined by the court at the time he or she is . . . Section 938.30(3) requires that notice be given prior to a defendant being brought into court for a hearing . . .

D. PETTAWAY, v. STATE, 796 So. 2d 563 (Fla. Dist. Ct. App. 2001)

. . . Pettaway argues in addition that section 938.30 does not authorize the establishment of a new court or . . .

D. BLACKISTON, v. STATE, 772 So. 2d 554 (Fla. Dist. Ct. App. 2000)

. . . administrative order created a “collections court program” in the Ninth Circuit pursuant to Section 938.30 . . . which fines, costs, and other criminal penalties are collected by civil supplementary proceedings. § 938.30 . . . law states: “The court may enter any orders necessary to carry out the purposes of this section.” § 938.30 . . . Administrative Order No. 07-99-26 seeks to carry out the purpose of section 938.30, but in doing so, . . . For example, § 938.30(2), Florida Statutes (Supp.1998) states that: The court may require a person ordered . . .