Florida Statutes
Fla. Stat. § 142.09 (2025)
If defendant is not convicted or dies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
142.09 If defendant is not convicted or dies.—If the defendant is not convicted, or the prosecution is abated by the death of the defendant, or if the costs are imposed on the defendant and execution against him or her is returned no property found, or if a nolle prosse be entered, in each of these cases the fees of witnesses and officers arising from criminal causes shall be paid by the state in the manner specified in s. 40.29; provided, that when a committing trial court judge holds to bail or commits a person to answer to a criminal charge and an information is not filed or an indictment found against such person, the costs and fees of such committing trial shall not be paid by the state, except the costs of executing the warrants.
History.—ss. 3, 7, ch. 4323, 1895; GS 970; RGS 1782; CGL 2833; s. 847, ch. 95-147; s. 6, ch. 2004-11; s. 56, ch. 2004-265.
Notes of Decisions
Cited in 7
cases, 1956–1978 · leading case: Rose v. Palm Beach Cty., 361 So. 2d 135 (Fla. 1978).
Rose v. Palm Beach Cty., 361 So. 2d 135 (Fla. 1978). “§ 142.09, Fla. Stat. (1977). [2] Palm Beach County v.”
Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956). “See F.S. §§ 142.09 and 939.06, F.S.A.; and 14 Am.”
Warren v. Capuano, 269 So. 2d 380 (Fla. 4th DCA 1972). “The appellee also relies on Section 142.09, Florida Statutes, F.S.A., as authority to require the county to pay for witness fees if a nolle prosequi has been entered.”
Carr v. Dade Cnty., 250 So. 2d 865 (Fla. 1971). “However, a reasonable fee must be paid by the County under Fla.Stat. § 142.09, F.S. A., 3 just as the costs of the prosecutions must be paid by the County, the payment of the latter having been affirmed by the district court.”
Warren v. Capuano, 282 So. 2d 873 (Fla. 1973). “08, Section 142.09, Section 48.021, and Chapter 942, F.”
Strauss v. Dade Cnty., 253 So. 2d 864 (Fla. 1971). “Instead, we said a "reasonable fee must be paid by the County under Fla. Stat. § 142.09 * * *." We further said: "Section 142.”
Lunetto v. State, 274 So. 2d 251 (Fla. 2d DCA 1973). “06 and § 142.09, F.S.A. In that case the state entered a nolle prosequi but here the petitioner was tried and acquitted.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.