Florida Statutes

Fla. Stat. § 938.04 (2025)

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, 84 So. 3d 424 (Fla. 1st DCA 2012).

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Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012). · cites it 3× “50 pursuant to section 938.04, Florida Statutes. The fine authorized by section 775.”

Carmichael v. State, 192 So. 3d 640 (Fla. 1st DCA 2016). · cites it 5× “(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, 177 So. 3d 984 (Fla. 1st DCA 2015). · cites it 2× “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, 250 So. 3d 178 (Fla. 1st DCA 2018). · cites it 2× “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, 139 So. 3d 958 (Fla. 2d DCA 2014). · cites it 2× “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, 236 So. 3d 1159 (Fla. 1st DCA 2018). · cites it 2× “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, 946 So. 2d 1129 (Fla. 2d DCA 2006). · cites it 2× “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 Crim. Procedure, 188 So. 3d 764 (Fla. 2015). · cites it 2× “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, 55 So. 3d 674 (Fla. 1st DCA 2011). · cites it 3× “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, 70 So. 3d 738 (Fla. 1st DCA 2011). · cites it 2× “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, 89 So. 3d 1093 (Fla. 1st DCA 2012). · cites it 2× “083(1), Florida Statutes (2010), and an accompanying surcharge pursuant to section 938.04, Florida Statutes (2010), in each case.”

Bryant v. State, 47 So. 3d 952 (Fla. 2d DCA 2010). · cites it 2× “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.”

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— 938.04(1) — 2 cases

Thomas v. State, 236 So. 3d 1159 (Fla. 1st DCA 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, 55 So. 3d 674 (Fla. 1st DCA 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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