Florida Statute 938.5 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 938.05

Annotations, Discussions, Cases:

Cases Citing Statute 938.05

Total Results: 39

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit

Derrell J. Chamblee v. State of Florida

905 F.3d 1192

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7950400

Cited 26 times | Published

appeal: (1) a $225 court cost under Fla. Stat. § 938.05 ; (2) a $20 court cost under Fla. Stat. § 938

VKE v. State

902 So. 2d 343, 2005 WL 1250783

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675050

Cited 16 times | Published

For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit

Brenton McNeil v. State of Florida

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

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

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

KENNY FABRA AYOS v. STATE OF FLORIDA

275 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798574

Cited 4 times | Published

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

Hatten v. State

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

District Court of Appeal of Florida | Filed: Dec 16, 2014 | Docket: 60245002

Cited 3 times | Published

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

Harrison v. State

146 So. 3d 76, 2014 WL 4086561, 2014 Fla. App. LEXIS 12740

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243013

Cited 3 times | Published

indicating that the fine imposed pursuant to section 938.05, Florida Statutes, is $230.00; incorrectly

Swift v. State

53 So. 3d 394, 2011 Fla. App. LEXIS 1560, 2011 WL 478726

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298103

Cited 3 times | Published

the version of section 938.05(l)(a) in effect at the time of his offenses. See § 938.05(l)(a), Fla. Stat

Jon Paul Hogle v. State of Florida

250 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143

Cited 2 times | Published

$100 for misdemeanor court costs pursuant to section 938.05(1), Florida Statutes. However, because Hogle

Clavelle v. State

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

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 1315100

Cited 2 times | Published

Government Criminal Justice Trust Fund, under section 938.05, Florida Statutes. The appellant's offense

Anguille v. State

238 So. 3d 856

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 64674175

Cited 1 times | Published

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

Thomas v. State

76 So. 3d 360, 2011 Fla. App. LEXIS 20269, 2011 WL 6352299

District Court of Appeal of Florida | Filed: Dec 20, 2011 | Docket: 60304504

Cited 1 times | Published

certain costs under section 938.05(l)(a), Florida Statutes (2009). Section 938.05(l)(a) provides that

Torres v. State

42 So. 3d 914, 2010 Fla. App. LEXIS 12210, 2010 WL 3270977

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2400400

Cited 1 times | Published

cost and a $225 cost for felonies pursuant to section 938.05(1)(a), Florida Statutes (2006). On October

Broadnax v. State

987 So. 2d 160, 2008 WL 2744514

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 2585029

Cited 1 times | Published

the $200 cost, this cost is authorized under section 938.05, which was enacted under chapter 97-271, Laws

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit

David Drew Redman v. State of Florida

District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70350384

Published

of the lump sum court costs imposed because section 938.05 was cited twice and section 318.18 pertains

Chadrick Antwan Ruffin v. State of Florida

District Court of Appeal of Florida | Filed: Dec 6, 2024 | Docket: 69442854

Published

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

Lanique Woods v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151388

Published

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

Timothy Lee Farris v. State of Florida

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929096

Published

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

Kerby Cadet v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290260

Published

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

Bookertee Hartfield v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290542

Published

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

Whitley v. State of Florida

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084176

Published

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

ELIJAH BANKSTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618244

Published

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

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660145

Published

2d 123, 126 (Fla. 1996). Pursuant to section 938.05(1)(a), Florida Statutes (2019), the trial court

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

state’s general revenue fund. See id.; Fla. Stat. § 938.05(1)(a). There is also a flat $3 assessment in every

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

state’s general revenue fund. See id.; Fla. Stat. § 938.05(1)(a). There is also a flat $3 assessment in every

KENNY FABRA AYOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752829

Published

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

Derrell J. Chamblee v. State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2018 | Docket: 7968600

Published

appeal: (1) a $225 court cost under Fla. Stat. § 938.05; (2) a $20 court cost under Fla. Stat. § 938

MICHAEL ANGUILLE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340894

Published

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

Stephen v. State

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

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244222

Published

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

Johnson v. State

149 So. 3d 732, 2014 Fla. App. LEXIS 17672, 2014 WL 5462495

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60243988

Published

appeal: (1) imposition of a $230 cost pursuant to section 938.05(l)(a), Florida Statutes (2009), when the statutory

Eric Michael Crapser v. State of Florida

148 So. 3d 794

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311328

Published

Next, the additional cost imposed pursuant to section 938.05, Florida Statutes (2007), must be reduced from

Turner v. State

109 So. 3d 276, 2013 WL 709770, 2013 Fla. App. LEXIS 3215

District Court of Appeal of Florida | Filed: Feb 28, 2013 | Docket: 60229537

Published

correction of a statutorily excessive fine. Section 938.05(l)(a), Florida Statutes (2011), mandates a

Chamblee v. State

93 So. 3d 1184, 2012 WL 3193935, 2012 Fla. App. LEXIS 13158

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310488

Published

00 as an “additional court cost” pursuant to section 938.05, Florida Statutes; $50.00 as a crime prevention

De la Fuente v. State

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

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299354

Published

Justice Education for Local Government; 4) Section 938.05(l)(a), Additional Court Costs for Felonies;

C.S. v. State

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

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 64855175

Published

concedes error on the cost imposed pursuant to section 938.05. See V.K.E. v. State, 934 So.2d 1276, 1282

CS v. State

985 So. 2d 706, 2008 WL 2697249

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1254123

Published

concedes error on the cost imposed pursuant to section 938.05. See V.K.E. v. State, 934 So.2d 1276, 1282

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

For the violation of any criminal offense, section 938.05 imposes from $50.00 to $200.00, for the benefit

Ago

Florida Attorney General Reports | Filed: Sep 17, 1999 | Docket: 3256822

Published

Question One, St. Johns County is authorized by section 938.05(3), Florida Statutes, to use Local Government