Florida Statute 938.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.05

938.05 Additional court costs for felonies, misdemeanors, and criminal traffic offenses.—

(1) Any person pleading nolo contendere to a misdemeanor or criminal traffic offense under s. 318.14(10)(a) or pleading guilty or nolo contendere to, or being found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as a cost in the case, in addition to any other cost required to be imposed by law, a sum in accordance with the following schedule:

(a) Felonies: $225, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.

(b) Misdemeanors: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.

(c) Criminal traffic offenses: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.

(2) Payment of the additional court costs provided for in subsection (1) shall be made part of any plea agreement reached by the prosecuting attorney and defense counsel or the criminal defendant where the plea agreement provides for the defendant to plead guilty or nolo contendere to any felony, misdemeanor, or criminal traffic offense under the laws of this state or any municipal or county ordinance which adopts by reference any misdemeanor under state law.

(3) The clerk of the court shall collect such additional costs for deposit in the fine and forfeiture fund established pursuant to s. 142.01 and shall notify the agency supervising a person upon whom costs have been imposed upon full payment of fees.

History.—ss. 2, 3, ch. 85-213; s. 1, ch. 86-154; ss. 2, 3, ch. 88-280; s. 3, ch. 89-129; s. 1, ch. 90-66; s. 7, ch. 97-271; s. 124, ch. 2003-402; s. 43, ch. 2008-111; s. 29, ch. 2019-58.

Note.—Former s. 27.3455(1)-(3).

F.S. 938.05 on Google Scholar

F.S. 938.05 on Casetext

Amendments to 938.05

Arrestable Offenses / Crimes under Fla. Stat. 938.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.05.

Annotations, Discussions, Cases:

Cases Citing Statute 938.05

Total Results: 20

Chadrick Antwan Ruffin v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: strike that assessment from the costs order. See § 938.05, Fla. Stat. (2023) (requiring additional costs

Lanique Woods v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: example, Woods and the State agree that under section 938.05(1)(a), Florida Statutes (2021), a trial court is

Timothy Lee Farris v. State of Florida

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

Snippet: misdemeanor cost imposed by the trial court under section 938.05, Florida Statutes, because the trial court also

Bookertee Hartfield v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: challenges the imposition of a $100 cost under section 938.05(1)(b), Florida Statutes, because he was not convicted

Kerby Cadet v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: amount. Anders v. California, 386 U.S. 738 (1967); § 938.05(1), Fla. Stat. (1999). As pointed out by appellant’s

Whitley v. State of Florida

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

Snippet: charged twice for the costs associated with section 938.05(1)(a), Florida Statutes (2018). This Court has

Kahasim Rashid Brown v. State of Florida

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

Snippet: the court’s written order. See §§ 938.01, 938.03, 938.05, 938.06, 938.07, 938.13, 938.19, 939.185, 775.083(2)

ELIJAH BANKSTON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: cost required to be imposed by law, … $225.” § 938.05(1)(a), Fla. Stat. (2019). Here, although the

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: 123, 126 (Fla. 1996). Pursuant to section 938.05(1)(a), Florida Statutes (2019), the trial court

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-05-26

Snippet: is convicted of a felony. See §§ 938.27(8), 938.05(1), Fla. Stat. (2017). Trial courts may impose

JAMAAL DESROSIERS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-12-11

Snippet: defendant is convicted of a felony. See §§ 938.27(8), 938.05(1), Fla. Stat. (2017). Trial courts may impose

KENNY FABRA AYOS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-06-19

Citation: 275 So. 3d 178

Snippet: under section 938.05, Florida Statutes (2016), must be stricken because section 938.05 allows imposition

KENNY FABRA AYOS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Snippet: under section 938.05, Florida Statutes (2016), must be stricken because section 938.05 allows imposition

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: for misdemeanor court costs pursuant to section 938.05(1), Florida Statutes. However, because Hogle was

Anguille v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-03-21

Citation: 238 So. 3d 856

Snippet: (2) court costs for that offense under section 938.05(1)(b), Florida Statutes (2017), after imposing

MICHAEL ANGUILLE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-03-21

Snippet: (2) court costs for that offense under section 938.05(1)(b), Florida Statutes (2017), after imposing

Brenton McNeil v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Citation: 215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Snippet: (“shall pay as an additional cost in the case”); § 938.05(1), Fla. Stat. (2016) (“shall pay as a cost in

Hatten v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-16

Citation: 152 So. 3d 849, 2014 Fla. App. LEXIS 20451, 2014 WL 7261284

Snippet: errors: imposition of a $230 cost pursuant to section 938.05(l)(a), Florida Statutes, when the statutory maximum

Cortez Hatten v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Snippet: section 2 938.05(1)(a), Florida Statutes, when the statutory maximum

Stephen v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-10-29

Citation: 150 So. 3d 268, 2014 Fla. App. LEXIS 17606, 2014 WL 5461964

Snippet: trial court erred in awarding $225 under section 938.05(1), Florida Statutes (2005). Stephen preserved