Florida Statutes

Fla. Stat. § 938.01 (2025)

Additional Court Cost Clearing Trust Fund.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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938.01 Additional Court Cost Clearing Trust Fund.—

(1) All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, require every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance to pay $3 as a court cost. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be liable for payment of such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be remitted to the Department of Revenue as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.

(a) All costs collected by the courts pursuant to this subsection shall be remitted to the Department of Revenue in accordance with administrative rules adopted by the executive director of the Department of Revenue for deposit in the Additional Court Cost Clearing Trust Fund. These funds and the funds deposited in the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as follows:

1. Ninety-two percent to the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund.

2. Six and three-tenths percent to the Department of Law Enforcement Operating Trust Fund for the Criminal Justice Grant Program.

3. One and seven-tenths percent to the Department of Children and Families Domestic Violence Trust Fund for the domestic violence program pursuant to s. 39.903(1).

(b) All funds in the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund shall be disbursed only in compliance with s. 943.25(8).

(2) Except as provided by s. 938.15 and notwithstanding any other provision of law, no funds collected and deposited pursuant to this section or s. 943.25 shall be expended unless specifically appropriated by the Legislature.

History.—s. 8, ch. 74-386; s. 1, ch. 77-119; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 189, ch. 79-164; s. 144, ch. 79-190; s. 13, ch. 80-71; s. 17, ch. 81-24; s. 81, ch. 81-167; s. 85, ch. 83-55; s. 8, ch. 83-259; s. 20, ch. 84-258; s. 11, ch. 85-224; s. 6, ch. 85-250; s. 11, ch. 86-154; s. 16, ch. 86-187; s. 2, ch. 86-286; ss. 3, 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 42, ch. 93-120; s. 17, ch. 93-252; s. 9, ch. 95-408; s. 12, ch. 97-225; s. 3, ch. 97-271; ss. 39, 40, ch. 2000-171; s. 19, ch. 2001-122; s. 1, ch. 2001-184; s. 3, ch. 2001-232; ss. 29, 30, 54, ch. 2001-254; s. 18, ch. 2002-55; ss. 76, 77, ch. 2002-402; s. 8, ch. 2003-400; s. 122, ch. 2003-402; s. 12, ch. 2011-52; s. 16, ch. 2012-147; s. 312, ch. 2014-19.

Note.—Former s. 943.25(3).

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 2005–2026 · leading case: Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020).

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Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). · cites it 2× “See Jones II, 2020 WL 2618062 , at *4; Fla. Stat. § 938.01 (1). As the district court found, Florida has chosen to pay for its criminal-justice system in significant measure through fees routinely assessed against its criminal defendants.”

Edney v. State, 3 So. 3d 1281 (Fla. 1st DCA 2009). · cites it 9× “15, Florida Statutes, are in addition to those imposed under section 938.01, Florida Statutes, and such funds fall outside the appropriation requirements for funds collected under section 938.”

In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015). · cites it 2× “00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund).”

Joshua J. Murphy v. State of Florida, 273 So. 3d 1147 (Fla. 2d DCA 2019). · cites it 2× “It also appears that the trial court erroneously combined a 1 fine authorized under section 938.01, Florida Statutes (2017), with 0 in felony court costs, for a total of 1 which the trial court erroneously labeled as a single fine for -2- crimes against a minor.”

V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). “For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section 938.01 imposes a .00 court cost and section 938.”

V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005). “For a violation of a state criminal statute or municipal or county ordinance (to benefit the Additional Cost Clearing Trust Fund), section 938.01 imposes a .00 court cost and section 938.”

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). · cites it 2× “00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund).”

Kimball v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006). · cites it 2× “) The "costs provided for" in section 938.01 are assessed against "every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance.”

De la Fuente v. State, 58 So. 3d 394 (Fla. 2d DCA 2011). “03, Florida Statutes (2007), Crimes Compensation Trust Fund; 2) Section 938.01(1), Additional Court Cost Clearing Trust Fund; 3) Section 938.”

C.S. v. State, 985 So. 2d 706 (Fla. 2d DCA 2008). · cites it 2× “05, section 938.01 makes no mention of juvenile delinquency proceedings.”

Tobin (N.D. Fla. 2026). · cites it 4× “00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund) 16CF355 .”

Whitley v. State of Florida (Fla. 1st DCA 2023). · cites it 3× “The trial court also imposed the costs associated with section 938.01, Florida Statutes (2018), twice.”

Show all 22 citing cases →

— 938.01(1) — 3 cases

Edney v. State, 3 So. 3d 1281 (Fla. 1st DCA 2009). “15, Florida Statutes, are in addition to those imposed under section 938.01, Florida Statutes, and such funds fall outside the appropriation requirements for funds collected under section 938.”

Kimball v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006). “) The "costs provided for" in section 938.01 are assessed against "every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance.”

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