938.04
Additional cost with respect to criminal fines.
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938.04 Additional cost with respect to criminal fines.—In addition to any fine for any criminal offense prescribed by law, including a criminal traffic offense, and in addition to the cost imposed pursuant to the provisions of s. 318.14(10), there is hereby established and created as a court cost an additional 5-percent surcharge thereon which shall be imposed, levied, and collected together with such fine or cost imposed pursuant to s. 318.14(10). The additional court cost created under this section shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund created by s. 960.21.
History.—s. 6, ch. 77-452; s. 19, ch. 80-146; s. 2, ch. 82-222; s. 26, ch. 83-214; s. 8, ch. 85-250; s. 5, ch. 97-271; s. 21, ch. 2001-122.
Note.—Former s. 960.25.
Notes of Decisions
Cited in 56
cases (14 in the last 5 years), 2004–2026 · leading case: Nix v. State
Nix v. State (2012)
“50 pursuant to section 938.04, Florida Statutes. The fine authorized by section 775.”
Carmichael v. State (2016)
“(2014) (authorizing the imposition of fines); § 938.04, Fla. Stat. (2014) (providing for a court cost of a five-percent surcharge); Odom v.”
Mills v. State (2015)
“Because the fine was erroneously imposed, the surcharge imposed pursuant to section 938.04, Florida Statutes, must likewise be reversed.”
Jon Paul Hogle v. State of Florida (2018)
“14 surcharge pursuant to section 938.04. Because the court imposed these as part of the 5 lump sum, the court erred.”
Gordon v. State (2014)
“For example, the 5% surcharge imposed on all fines by section 938.04, Florida Statutes (2011), amounts to ,000 on the 0,000 fine and 00 on the 0,000 fine.”
Thomas v. State (2018)
“083(1), Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section 938.”
Dadds v. State (2006)
“Dadds argues that the trial court pronounced no statutory basis for the imposition of a 0 fine other than section 938.04, Florida Statutes (2004), that addresses the imposition of a five percent surcharge to the imposed fine.”
In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE (2015)
“now resentences the defendant _ and the court having placed the defendant on probation/community control and having subsequently revoked the defendant’s probation/community control It Is The Sentence Of The Court That: __ The defendant pay a fine of $_, pursuant to section…”
Pullam v. State (2011)
“The written judgment for fines and costs also includes a surcharge under section 938.04, Florida Statutes (2009), and a court cost under section 934.”
Mallory v. State (2011)
“083, Florida Statutes (2009); a 5% surcharge in the amount of 5 pursuant to section 938.04, Florida Statutes (2009); and a court cost pursuant to section 938.”
Clussman v. State (2012)
“083(1), Florida Statutes (2010), and an accompanying surcharge pursuant to section 938.04, Florida Statutes (2010), in each case.”
Bryant v. State (2010)
“The written judgment also includes an additional five percent surcharge on the 0 fine in the amount of , pursuant to section 938.04, Florida Statutes (2007). Because the 0 fine was not properly imposed, the surcharge must also be stricken.”
— 938.04(1) — 2 cases
Thomas v. State (2018)
“083(1), Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section 938.”
Pullam v. State (2011)
“The written judgment for fines and costs also includes a surcharge under section 938.04, Florida Statutes (2009), and a court cost under section 934.”
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