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

Lanique Woods v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00

Snippet: misdemeanor cost imposed by the trial court under section 938.05, Florida Statutes, because the trial court also…So. 3d 178, 182 (Fla. 4th DCA 2019) (“[S]ection 938.05 allows imposition of court costs per case, not …for misdemeanor cannabis possession under section 938.05(1)(b) “after imposing costs under the same statutory

Bookertee Hartfield v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: challenges the imposition of a $100 cost under section 938.05(1)(b), Florida Statutes, because he was not convicted…reverse the imposition of the $100 cost under section 938.05(1)(b). * III. …cost $225 for felonies and $60 for misdemeanors. § 938.05(1), Fla. Stat. (2020). Hartfield was required to

Kerby Cadet v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: amount. Anders v. California, 386 U.S. 738 (1967); § 938.05(1), Fla. Stat. (1999). As pointed out by appellant…reflect an amount of $200, as authorized by section 938.05(1), Florida Statutes (1999), the applicable statute

Whitley v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

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

ELIJAH BANKSTON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: 123, 126 (Fla. 1996). Pursuant to section 938.05(1)(a), Florida Statutes (2019), the trial court…section 938.27(8) prosecution costs and section 938.05(1) court costs and stated “[o]n remand, courts … are no discretionary costs provided by section 938.05(1), and the two cases cited for support of the …support a consideration of discretionary section 938.05(1) court costs on remand.

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-26T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2019-12-10T23:53:00-08:00

Snippet: defendant is convicted of a felony. See §§ 938.27(8), 938.05(1), Fla. Stat. (2017). Trial courts may impose …the $225.00 fee in court costs. See §§ 938.27(8), 938.05(1), Fla. Stat. (2017). The trial court may impose

KENNY FABRA AYOS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-19T00:00:00-07:00

Citation: 275 So. 3d 178

Snippet: under section 938.05, Florida Statutes (2016), must be stricken because section 938.05 allows imposition… has in other cost statutes. See, e.g., . . . § 938.05(1), Fla. Stat. (2016) (‘shall pay as a cost in

KENNY FABRA AYOS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:53:00-07:00

Jon Paul Hogle v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-18T00:00:00-07:00

Citation: 250 So. 3d 178

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

MICHAEL ANGUILLE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:53:00-07:00

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

Anguille v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:00:00-07:00

Citation: 238 So. 3d 856

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: Fla. | Date Filed: 2017-04-13T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-12-16T00:00:00-08:00

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

Snippet: : 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: Fla. Dist. Ct. App. | Date Filed: 2014-11-04T23:53:00-08:00

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

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

Citation: 149 So. 3d 732, 2014 Fla. App. LEXIS 17672

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

Stephen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

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 …offense date in this case was March 26, 2006, section 938.05, Florida Statutes (2005), controls. As that statute