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Florida Statute 939.06 | Lawyer Caselaw & Research
F.S. 939.06 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 939
COSTS
View Entire Chapter
F.S. 939.06
939.06 Acquitted defendant not liable for costs.
(1) A defendant in a criminal prosecution who is acquitted or discharged is not liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If the defendant has paid any taxable costs, or fees required under s. 27.52(1)(b), in the case, the clerk or judge shall give him or her a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to the defendant.
(2) To receive a refund under this section, a defendant must submit a request for the refund to the Justice Administrative Commission on a form and in a manner prescribed by the commission. The defendant must attach to the form an order from the court demonstrating the defendant’s right to the refund and the amount of the refund.
History.s. 3, ch. 76, 1846; RS 2988; GS 4062; RGS 6166; CGL 8480; s. 44, ch. 73-334; s. 1590, ch. 97-102; s. 131, ch. 2003-402; s. 62, ch. 2005-236.

F.S. 939.06 on Google Scholar

F.S. 939.06 on Casetext

Amendments to 939.06


Arrestable Offenses / Crimes under Fla. Stat. 939.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 939.06.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WHITLEY, v. STATE, 273 So. 3d 1 (Fla. App. Ct. 2019)

. . . Pursuant to section 939.06, Florida Statutes (2018), Whitley moved for reimbursement of certain costs . . . a "charge of subsistence while [a defendant is] detained in custody" within the meaning of section 939.06 . . . The supreme court has observed that the concept of " 'taxable costs' under section 939.06 is circumscribed . . . Section 939.06(1) states: A defendant in a criminal prosecution who is acquitted or discharged is not . . . house arrest program while awaiting trial is not "detained in custody" within the meaning of section 939.06 . . .

MATHIS, v. STATE, 234 So. 3d 861 (Fla. Dist. Ct. App. 2018)

. . . decided not to pursue further prosecution, we find that Mathis is entitled to costs pursuant to section 939.06 . . . The trial court noted that section 939.06, Florida Statutes, “authorizes the imposition of certain trial . . . Thus, article 1, section 19, and section 939.06 authorize the taxing of costs against the State for an . . . Section 939.06 applies to Mathis because the State entered a nolle prosequi. See Haines v. . . . Additionally, this court has previously extended section 939.06 to appellate costs. See Evans v. . . .

J. DIODATO, v. STATE, 150 So. 3d 867 (Fla. Dist. Ct. App. 2014)

. . . (citing § 939.06, Fla. Stat. (2010)). . . .

C. HAINES, v. STATE, 80 So. 3d 1144 (Fla. Dist. Ct. App. 2012)

. . . Haines properly filed a motion for certification of costs under section 939.06, Florida Statutes. . . . denied the petition, explaining by order: “Petitioner must follow the procedure set out in section 939.06 . . . Section 939.06, Florida Statutes, provides as follows: (1) A defendant in a criminal prosecution who . . . of costs from the clerk or the judge. § 939.06(1), Fla. . . . See § 939.06(2), Fla. Stat. (2010); see also Ch. 2005-236, § 62, Laws of Fla. . . .

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

. . . ■This rule-shall not apply to applications for-reimbursement of costs pursuant to section-939.06, Florida . . .

JUSTICE ADMINISTRATIVE COMMISSION, a v. NEIGHBORS,, 927 So. 2d 218 (Fla. Dist. Ct. App. 2006)

. . . However, section 939.06, Florida Statutes (2004), authorizes reimbursement only for witness fees, sheriff . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- CONFORM RULES TO LEGISLATION, 900 So. 2d 528 (Fla. 2005)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .

B. S. a D. L. S. v. STATE, 862 So. 2d 15 (Fla. Dist. Ct. App. 2003)

. . . But section 939.06, Florida Statutes (2000), provides that, if an adult criminal defendant is acquitted . . . We previously have held that the legislative purpose behind section 939.06 is to protect a criminal defendant . . .

GUERRIER, v. STATE, 733 So. 2d 608 (Fla. Dist. Ct. App. 1999)

. . . County of Volusia, 703 So.2d 1033 (Fla.1998) and section 939.06, Florida Statutes. . . .

AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE h, 724 So. 2d 1162 (Fla. 1998)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE h, 710 So. 2d 961 (Fla. 1998)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .

ORANGE COUNTY, v. LOVE,, 703 So. 2d 1138 (Fla. Dist. Ct. App. 1997)

. . . On February 1, 1996, pursuant to section 939.06, Love filed a motion in the county court seeking certification . . . Orange County is ultimately responsible to reimburse the costs allowed under section 939.06. . . . This court has taken a limited view of what costs are reimbursable under section 939.06. . . . In Carrin, this court held that reimbursement pursuant to section 939.06 was limited to recovery for . . . Since Wolf may indicate that a broader category of costs are recoverable under section 939.06 than the . . .

WILLIAMS Sr. v. ERGLE,, 698 So. 2d 1294 (Fla. Dist. Ct. App. 1997)

. . . This choice of words can be explained by reference to section 939.06, Florida Statutes, which provides . . . the subsistence costs of their detention, contrary to the long-standing expressed policy of section 939.06 . . . medical care and subsistence during pretrial detention, it is important to be cognizant of section 939.06 . . . Florida, in recent decisions, has twice made clear that the “taxable costs” reference found in section 939.06 . . . Thus, it appears clear from section 939.06 that for 150 years, Florida law has contemplated that before . . .

STATE v. BALL,, 689 So. 2d 1157 (Fla. Dist. Ct. App. 1997)

. . . . § 939.06 (1993). See Goldberg v. Dade County, 378 So.2d 1242 (Fla. 3d DCA 1979); Short v. . . .

In AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE h AND FLORIDA RULE OF JUVENILE PROCEDURE d In h, 681 So. 2d 666 (Fla. 1996)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida . . .

COUNTY OF VOLUSIA, v. J. WOLF,, 672 So. 2d 563 (Fla. Dist. Ct. App. 1996)

. . . the same costs as those described above, costs which, in both cases, were awarded pursuant to section 939.06 . . .

VOLUSIA COUNTY, FLORIDA, v. CARRIN,, 666 So. 2d 603 (Fla. Dist. Ct. App. 1996)

. . . Sawyer, 620 So.2d 767 (Fla.1993), where the court said that the applicable statute, section 939.06, Florida . . . Section 939.06 provides: Acquitted defendant not liable for costs— No defendant in a criminal prosecution . . . thereof, which, when audited and approved according to law, shall be refunded to him by the county. § 939.06 . . . Unlike section 939.06, section 939.07 expressly applies to defendants who have been discharged, not to . . . HARRIS, JJ., concur. .We note that the procedure employed below was not as is described in section 939.06 . . .

BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, v. TOM F. SAWYER,, 620 So. 2d 757 (Fla. 1993)

. . . The district court reversed, reasoning that since section 939.06, Florida Statutes (1989), does not define . . . Contrary to the district court’s finding of ambiguity, we find that section 939.06, Florida Statutes . . . thereof, which, when audited and approved according to law, shall be refunded to him by the county. § 939.06 . . . Sections 939.01 and 939.06, Florida Statutes (1989), do not provide for mutuality of repayment. . . . Section 939.06, on the other hand, says that the county alone shall reimburse an acquitted defendant . . .

M. EVANS, v. STATE, 608 So. 2d 944 (Fla. Dist. Ct. App. 1992)

. . . Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is entitled to recover his . . .

FIJNJE, v. STATE, 609 So. 2d 672 (Fla. Dist. Ct. App. 1992)

. . . He filed a motion to tax costs in the trial court pursuant to section 939.06, Florida Statutes (1991) . . . Section 939.06, Florida Statutes provides: No defendant in a criminal prosecution who is acquitted or . . . State, 570 So.2d 408 (Fla. 2d DCA 1990): The statute [section 939.06] mandates that the defendants must . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . rule shall not apply to applications for reimbursement of costs pursuant to Florida Statutesection 939.06 . . .

F. SAWYER, v. BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY,, 596 So. 2d 475 (Fla. Dist. Ct. App. 1992)

. . . Section 939.06, Florida Statutes (1989), provides for the reimbursement to an acquitted criminal defendant . . . enforcement agencies, we hold that investigative costs are also taxable costs within the meaning of section 939.06 . . . That the legislature has not changed section 939.06 since the 1974 opinion of this court in Doran may . . . Our interpretation of that term in section 939.06 in light of section 939.01 is consistent with Powell . . . If the legislature in enacting section 939.06 intended to require that an acquitted or discharged defendant . . .

M. SHORT, v. STATE, 579 So. 2d 163 (Fla. Dist. Ct. App. 1991)

. . . defendant are not taxable costs as a matter of law and need not be certified as such pursuant to section 939.06 . . .

CLARK v. STATE, 570 So. 2d 408 (Fla. Dist. Ct. App. 1990)

. . . an accused is entitled to reimbursement of costs and fees, the legislature has provided in section 939.06 . . . The court agreed with the defendant that section 939.06, Florida Statutes, placed liability on the county . . . affirmed the Fourth District Court of Appeal’s interpretation of article I, section 19 and section 939.06 . . . court erred by failing to follow the proper procedure for certification of costs pursuant to section 939.06 . . . DANAHY and THREADGILL, JJ., concur. . § 939.01, Fla.Stat. (1989). . § 939.06, Fla.Stat. (1989). . . . .

STATE OF FLORIDA v. MORITT, 44 Fla. Supp. 2d 116 (Fla. Cir. Ct. 1990)

. . . treated the motion as an application for a Certificate of Payment of Costs pursuant to Florida Statute 939.06 . . . either having been acquitted or discharged in order to be entitled to the benefits of Florida Statute 939.06 . . . Dictionary 41 (4th ed. 1951) Moreover, the Court finds nothing expressed or implied in Florida Statute 939.06 . . . finding of not guilty by reason of insanity and she thus is entitled to the benefits of Florida Statute 939.06 . . . Coe, 439 So.2d 313 (Fla. 2d DCA 1983) (There is no exception, express or implied, in Florida Statute 939.06 . . .

ROWELL, v. STATE, 555 So. 2d 959 (Fla. Dist. Ct. App. 1990)

. . . The defendant sought such reimbursement as an acquitted or discharged defendant under Section 939.06, . . . We affirm the order insofar as its denial of the motion under Section 939.06 but reverse and remand on . . .

MARSDEN v. CITY OF ORLANDO, 37 Fla. Supp. 2d 3 (Fla. Cir. Ct. 1989)

. . . Defendant may recover costs pursuant to F.S. 939.06. . . .

In AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE DISCOVERY, 550 So. 2d 1097 (Fla. 1989)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statute 939.06 . . .

OSCEOLA COUNTY, v. T. OTTE, S., 530 So. 2d 478 (Fla. Dist. Ct. App. 1988)

. . . See § 939.06, Fla.Stat. (1987). . . . Section 939.06 provides that a defendant who is acquitted of a criminal charge shall not be liable for . . . order directing payment improperly circumvented the established statutory procedure under sections 939.06 . . . the county the obligation to pay costs which the county otherwise would not have to pay under section 939.06 . . .

CITY OF POMPANO BEACH v. PAGGERTY, 22 Fla. Supp. 2d 136 (Fla. Cir. Ct. 1986)

. . . Appellant also contends that costs are not awardable against it under Florida Statutes 939.06, 939.07 . . .

PFEIFER, v. W. POWELL,, 498 So. 2d 614 (Fla. Dist. Ct. App. 1986)

. . . acquitted of first degree murder and filed a motion to tax costs in the trial court pursuant to Section 939.06 . . . Section 939.06, Florida Statutes (1985), provides: No defendant in a criminal prosecution who is acquitted . . . The task of the trial court or clerk upon presentation of a motion to tax costs pursuant to F.S. 939.06 . . .

THE FLORIDA BAR EMERGENCY AMENDMENTS TO RULES OF CRIMINAL PROCEDURE RULE, 498 So. 2d 875 (Fla. 1986)

. . . This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statute 939.06 . . .

HILLSBOROUGH COUNTY, v. MARTINEZ,, 483 So. 2d 540 (Fla. Dist. Ct. App. 1986)

. . . Section 939.07 functions as a limitation on the reimbursement of costs authorized by section 939.06 for . . . to be properly recovered as costs under chapter 939, they could only be awarded pursuant to section 939.06 . . . County of Dade, 378 So.2d 1242 (Fla. 3d DCA), appeal dismissed, 389 So.2d 1110 (Fla.1980), that section 939.06 . . .

ONE GREEN DATSUN PICKUP TRUCK, VIN TAG NO. WPN- v. STATE MANATEE COUNTY MANATEE COUNTY SHERIFF S DEPARTMENT,, 457 So. 2d 1060 (Fla. Dist. Ct. App. 1984)

. . . court in that case labeled forfeiture proceedings as “quasi-criminal” in nature and found that section 939.06 . . .

BOTHWELL, v. STATE, 450 So. 2d 1150 (Fla. Dist. Ct. App. 1984)

. . . On January 19, 1983, Bothwell filed a motion to tax costs pursuant to section 939.06, Florida Statutes . . . The parties agree that the taxation of costs under section 939.06 is a civil proceeding, and that, accordingly . . . Since defendant cannot be responsible by law under section 939.06, we direct the court to amend its order . . .

STATE E. CAVANAUGH, v. COE, III,, 439 So. 2d 313 (Fla. Dist. Ct. App. 1983)

. . . seeking to compel the circuit court judge to issue a certificate of taxable costs pursuant to section 939.06 . . . , Florida Statutes (1981), which provides as follows: 939.06 Acquitted defendant not liable for costs . . .

ORANGE COUNTY, v. DAVIS,, 414 So. 2d 278 (Fla. Dist. Ct. App. 1982)

. . . Section 939.06, Florida Statutes (1981), is the operative statute in the instant case and provides: Acquitted . . .

HAYES, v. STATE, 387 So. 2d 539 (Fla. Dist. Ct. App. 1980)

. . . Section 939.06, Florida Statutes (1979), allows and requires the county to pay those reasonable and necessary . . .

UNITED STATES v. R. LECAPPELAIN, FR XXX- XX- XXXX, 9 M.J. 562 (A.F.C.M.R. 1980)

. . . MILES, Judge: Contrary to his pleas, accused was convicted by general court-martial of possession of 939.06 . . .

STATE v. J. CRAWFORD,, 378 So. 2d 822 (Fla. Dist. Ct. App. 1979)

. . . The statutes on which the circuit court based its reversal of the county court were Sections 939.06 and . . . They read, in pertinent part, as follows: 939.06 Acquitted defendant not liable for costs. — No defendant . . . opinion that the court did not mean that there had been a true discharge such as to bring Sections 939.06 . . . The obvious purpose of Sections 939.06 and 939.07 is to protect a defendant from costs when he is innocent . . .

GOLDBERG, v. COUNTY OF DADE,, 378 So. 2d 1242 (Fla. Dist. Ct. App. 1979)

. . . revised in 1968, we simply state that the surviving provisions are now contained in Florida Statute 939.06 . . . for the forensic psychologist who assisted in the selection of the jury, we note that Florida Statute 939.06 . . .

DADE COUNTY, a v. BAKER, a k a W., 356 So. 2d 65 (Fla. Dist. Ct. App. 1978)

. . . payments should be refundable pursuant to Article I, Section 19, of the Florida Constitution, and Sections 939.06 . . .

STATE CITY OF POMPANO BEACH, BROWARD COUNTY, POMPANO BEACH POLICE DEPARTMENT, v. WASHINGTON, VIN, 352 So. 2d 138 (Fla. Dist. Ct. App. 1977)

. . . The question on appeal is whether the court can award as costs, under Section 939.06, Florida Statutes . . . Section 939.06, Florida Statutes (1975), is not specific but its language cannot be stretched to include . . .

BENITEZ, v. STATE, 350 So. 2d 1100 (Fla. Dist. Ct. App. 1977)

. . . Section 939.06, Florida Statutes (1975), specifically provides: “939.06 Acquitted defendant not liable . . . be taxable costs would be for this court to hold that the term “taxable costs,” as used in Section 939.06 . . .

L. McCLELLAN, v. STATE, 328 So. 2d 535 (Fla. Dist. Ct. App. 1976)

. . . See §§ 57.041 and 939.06 Fla.Stat., F.S.A. Wood v. . . .

POWELL, v. STATE, 314 So. 2d 788 (Fla. Dist. Ct. App. 1975)

. . . . § 939.06 (1973) establishes a general policy which prohibits the imposition upon an acquitted defendant . . .

HOLTON, v. STATE, 311 So. 2d 711 (Fla. Dist. Ct. App. 1975)

. . . I, Sec. 19, of the Florida Constitution, and § 939.06, Fla.Stat., for reimbursement of costs to a defendant . . .

STATE v. NELL, 297 So. 2d 90 (Fla. Dist. Ct. App. 1974)

. . . . § 939.06 F.S.A. (Art. XVI, § 9 of the 1885 State Constitution became a statute pursuant to Art. . . . Section 939.06 F.S.A. provides that if a defendant who has been acquitted or discharged shall have paid . . . county- In the case sub judice, instead of certifying the costs to the board as provided for in F.S. § 939.06 . . . Since the trial court did not comply with the provisions of § 939.06, the order must be reversed; Jackson . . .

DORAN, v. STATE, 296 So. 2d 86 (Fla. Dist. Ct. App. 1974)

. . . . § 939.06, F.S.A. . Wood v. City of Jacksonville, Fla.App.1st, 1971, 248 So.2d 176. . . . .

V. WARREN v. J. CAPUANO,, 282 So. 2d 873 (Fla. 1973)

. . . Sections 939.06, 939.07 and 939.08, Section 142.-09, Section 48.021, and Chapter 942, F.S.A., to this . . .

LILLIBRIDGE, v. CITY OF MIAMI,, 276 So. 2d 40 (Fla. 1973)

. . . . § 939.06, F.S.A., expresses a general policy of the Legislature that persons acquitted or discharged . . .

P. LUNETTO, v. STATE, 274 So. 2d 251 (Fla. Dist. Ct. App. 1973)

. . . . § 939.06, F.S.A., to be reimbursed for costs incurred by him in the defense of his cause. . . . Florida Statutes § 939.06, F.S.A., provides in part: “No defendant in a criminal prosecution who is acquitted . . . process, reimbursement for mileage and per diem for out of state witness were taxable costs under F.S. § 939.06 . . .

WOOD, v. CITY OF JACKSONVILLE, a, 248 So. 2d 176 (Fla. Dist. Ct. App. 1971)

. . . . § 939.06, F.S.A. . Rule 6.1, F.A.R., 32 F.S.A. . Rule 6.8, F.A.R. . F.S. § 932.52(7), F.S.A. . . . .

E. GUSTAFSON, v. STATE, 251 So. 2d 689 (Fla. Dist. Ct. App. 1971)

. . . See Florida Statutes §,§ 57.091, 924.17, 939.04-939.06, 939.15, F.S.A. . . .

BAGLEY, v. STATE, 122 So. 2d 789 (Fla. Dist. Ct. App. 1960)

. . . estate to recover costs laid out by her incident to the trial and appeal, as are recoverable under § 939.06 . . .

STATE E. MOTT, v. O. SCOFIELD,, 120 So. 2d 825 (Fla. Dist. Ct. App. 1960)

. . . of the reporter’s charge and requested a certificate of payment of. such cost, pursuant to section 939.06 . . .

W. H. WILSON, v. W. RENFROE, s, 91 So. 2d 857 (Fla. 1956)

. . . . §§ 142.09 and 939.06, F.S..A.; and 14 Am.Jur., Costs, Sec. 110. . . .

WILSON v. RENFROE,, 9 Fla. Supp. 146 (Leon Cty. Cir. Ct. 1956)

. . . Florida constitution, contravenes section 9 of article 16 of the Florida constitution, violates section 939.06 . . .