Florida Statute 938.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.01

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).

F.S. 938.01 on Google Scholar

F.S. 938.01 on Casetext

Amendments to 938.01

Arrestable Offenses / Crimes under Fla. Stat. 938.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.01.

Annotations, Discussions, Cases:

Cases Citing Statute 938.01

Total Results: 20

Whitley v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: associated with section 938.01, Florida Statutes (2018), twice. Section 938.01 states, in relevant part

GRACE ANN KING v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-12-07

Snippet: In addition to the costs provided for in s. 938.01, municipalities and counties may assess an

ROBERDD DOUCHARD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

Snippet: provides: “In addition to the costs provided for in s. 938.01, municipalities and counties may assess an additional

Kahasim Rashid Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: ordinances listed in the court’s written order. See §§ 938.01, 938.03, 938.05, 938.06, 938.07, 938.13, 938.19

JOSHUA J. MURPHY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-31

Citation: 273 So. 3d 1147

Snippet: combined a $151 fine authorized under section 938.01, Florida Statutes (2017), with $550 in felony court

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: ___ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-02-18

Snippet: $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-01-21

Snippet: $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-10-29

Citation: 188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Snippet: ■ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

Clavelle v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-02-27

Citation: 80 So. 3d 456, 2012 WL 603815, 2012 Fla. App. LEXIS 2935

Snippet: make these assessments under section 983.03 and 938.01, Florida Statutes. On remand, the proper statutory

De la Fuente v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-04-13

Citation: 58 So. 3d 394, 2011 Fla. App. LEXIS 5189, 2011 WL 1377065

Snippet: (2007), Crimes Compensation Trust Fund; 2) Section 938.01(1), Additional Court Cost Clearing Trust Fund;

In re Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2010-09-23

Citation: 48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Snippet: Fund). _ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund)

White v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-12-02

Citation: 22 So. 3d 157, 2009 Fla. App. LEXIS 18401

Snippet: trial court assessed costs of $3 under section 938.01 and $2 under section 938.15, Florida Statutes (2007)

In Re Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2009-11-19

Citation: 26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948

Snippet: 00 as a court cost pursuant to section 943.25(3)938.01, Florida Statutes (Criminal Justice Trust Fund)

Edney v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-10

Citation: 3 So. 3d 1281, 2009 Fla. App. LEXIS 2144, 2009 WL 593153

Snippet: courses”: In addition to the costs provided for in s. 938.01,[:|:] municipalities and counties may assess an

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when

C.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-07-11

Citation: 985 So. 2d 706, 2008 Fla. App. LEXIS 10523

Snippet: those costs came from the mandatory court costs in 938.01, which is the clearing trust fund, $3, crimes compensation

CS v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-07-11

Citation: 985 So. 2d 706, 2008 WL 2697249

Snippet: those costs came from the mandatory court costs in 938.01, which is the clearing trust fund, $3, crimes compensation

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-05-29

Snippet: infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when