Florida Statute 938.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.04

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.

F.S. 938.04 on Google Scholar

F.S. 938.04 on Casetext

Amendments to 938.04

Arrestable Offenses / Crimes under Fla. Stat. 938.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.04.

Annotations, Discussions, Cases:

Cases Citing Statute 938.04

Total Results: 20

Nickeous Lamont Jenkins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-13

Snippet: surcharge on the $250.00 fine, pursuant to section 938.04, Florida Statutes. The trial court did not orally

Jordan Cayne Hutchinson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: Statutes; the accompanying $10 surcharge under section 938.04, Florida Statutes; and the discretionary public

Timothy Lee Farris v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: related $17.14 surcharge imposed pursuant to section 938.04, Florida Statutes, because the court imposed them

Whitley v. State of Florida

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

Snippet: surcharges associated with sections 775.083(1), 938.04, 938.15, and 939.185 must be struck. However, the

CLARENCE F. STEPHENSON v. STATE OF FLORIDA

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

Snippet: “shall be ordered to pay a fine of $100,000”); and § 938.04, Fla. Stat. (2018) (“In addition to any fine for

ROBERDD DOUCHARD v. STATE OF FLORIDA

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

Snippet: pursuant to the mandatory provision of section 938.04, Florida Statutes (2022). Section 948.03(1)(j)

LINDA WEINREBER BARKER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-11-23

Snippet: applying a five percent surcharge, pursuant to section 938.04, Florida Statutes (2021), when the trial court

Dalton Dooly v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2020-09-24

Snippet: Statutes, and a related surcharge under section 938.04, Florida Statutes, without giving him adequate

James Farrell Davis Jr. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-08-13

Snippet: Statutes, and a surcharge of $17.14 under section 938.04, Florida Statutes. Because these are discretionary

Kenyanna Racquel Cheeks v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-09

Citation: 267 So. 3d 577

Snippet: Florida Statutes, and a surcharge pursuant to section 938.04, Florida Statutes. We reject the first two arguments

Franklin Vereen v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-03-28

Citation: 267 So. 3d 548

Snippet: and surcharges pursuant to sections 775.083 and 938.04(1), Florida Statutes, without first orally pronouncing

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: $___ as the 5% surcharge required by section 938.04, Florida Statutes. ___ The defendant is hereby

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: plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is

William G. Anderson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-07-11

Citation: 247 So. 3d 721

Snippet: accompanying surcharge assessed pursuant to section 938.04. Carmichael v. State, 192 So. 3d 640, 640 (Fla

Jon Paul Hogle v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-18

Citation: 250 So. 3d 178

Snippet: a related $17.14 surcharge pursuant to section 938.04. Because the court imposed these as part of the

Deontra R. French v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Citation: 243 So. 3d 535

Snippet: fines imposed pursuant to sections 775.083 and 938.04 because the fines were not specifically pronounced

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-01-26

Citation: 236 So. 3d 1159

Snippet: Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative

Glynn T. Murphy v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-10-30

Snippet: the five percent surcharge pursuant to section 938.04. This fine and surcharge must be individually and

Murphy v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-11

Citation: 227 So. 3d 242, 2017 WL 4526774

Snippet: the five percent surcharge pursuant to section 938.04. This fine and surcharge must be individually and

Cooler v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-28

Citation: 224 So. 3d 924, 2017 Fla. App. LEXIS 12246, 2017 WL 3686784

Snippet: and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial courts