Florida Statutes
Fla. Stat. § 938.05 (2025)
Additional court costs for felonies, misdemeanors, and criminal traffic offenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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).
Notes of Decisions
Cited in 43
cases (13 in the last 5 years), 2005–2026 · leading case: Derrell J. Chamblee v. State of Florida, 905 F.3d 1192 (11th Cir. 2018).
Derrell J. Chamblee v. State of Florida, 905 F.3d 1192 (11th Cir. 2018). “The state trial court entered a judgment sentencing Chamblee to 25 years in prison and ordering him to pay three different sums that are relevant to this appeal: (1) a 5 court cost under Fla. Stat. § 938.05 ; (2) a court cost under Fla.”
Kenny Fabra Ayos v. State of Florida, 275 So. 3d 178 (Fla. 4th DCA 2019). “16-5007CF10A, the charges for the misdemeanor counts under section 938.05, Florida Statutes (2016), must be stricken because section 938.”
Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “(2016) (“shall pay as an additional cost in the case”); § 938.05(1), Fla. Stat. (2016) (“shall pay as a cost in the case”); § 938.”
Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014). “800(b)(2), arguing that the trial court erred by incorrectly indicating that the fine imposed pursuant to section 938.05, Florida Statutes, is 0.”
Clavelle v. State, 80 So. 3d 456 (Fla. 1st DCA 2012). “See § 938.05, Fla. Stat. (2007). On remand the court should reduce this charge to the 0 amount as authorized in the statute which was in effect on the date of the offense.”
Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). “See Jordan Dissent at 114 (citing Fla. Stat. § 938.05 (1)(a)). Some financial obligations are actually imposed based on indigency: For example, Florida charges to apply for a public defender, a constitutionally-required service for which only indigent defendants qualify.”
Jon Paul Hogle v. State of Florida, 250 So. 3d 178 (Fla. 1st DCA 2018). “In the written judgment, the court imposed 5 for felony court costs and an additional 0 for misdemeanor court costs pursuant to section 938.05(1), Florida Statutes. However, because Hogle was not convicted of any misdemeanors, the court should not have included the 0.”
Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010). “” The written order imposed 5 in costs, which included a 0 prosecution cost and a 5 cost for felonies pursuant to section 938.05(l)(a), Florida Statutes (2006).”
Hatten v. State, 152 So. 3d 849 (Fla. 1st DCA 2014). “With respect to the fifth issue, we remand for correction of the following minor sentencing errors: imposition of a 0 cost pursuant to section 938.05(l)(a), Florida Statutes, when the statutory maximum is 5; imposition of a 5 cost pursuant *851 to section 775.”
V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). “For the violation of any criminal offense, section 938.05 imposes from .00 to 0.”
Chamblee v. State, 93 So. 3d 1184 (Fla. 1st DCA 2012). “00 as an “additional court cost” pursuant to section 938.05, Florida Statutes; .00 as a crime prevention court cost pursuant to section 775.”
V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005). “For the violation of any criminal offense, section 938.05 imposes from .00 to 0.”
— 938.05(1) — 8 cases
Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “(2016) (“shall pay as an additional cost in the case”); § 938.05(1), Fla. Stat. (2016) (“shall pay as a cost in the case”); § 938.”
Jon Paul Hogle v. State of Florida, 250 So. 3d 178 (Fla. 1st DCA 2018). “In the written judgment, the court imposed 5 for felony court costs and an additional 0 for misdemeanor court costs pursuant to section 938.05(1), Florida Statutes. However, because Hogle was not convicted of any misdemeanors, the court should not have included the 0.”
Kenny Fabra Ayos v. State of Florida, 275 So. 3d 178 (Fla. 4th DCA 2019). “16-5007CF10A, the charges for the misdemeanor counts under section 938.05, Florida Statutes (2016), must be stricken because section 938.”
Kerby Cadet v. State of Florida (Fla. 4th DCA 2024).
Michael Bartolone v. State of Florida (Fla. 4th DCA 2021).
— 938.05(1)(a) — 5 cases
Chamblee v. State, 93 So. 3d 1184 (Fla. 1st DCA 2012). “00 as an “additional court cost” pursuant to section 938.05, Florida Statutes; .00 as a crime prevention court cost pursuant to section 775.”
Michael Bartolone v. State of Florida (Fla. 4th DCA 2021).
Elijah Bankston v. State of Florida (Fla. 4th DCA 2021).
Whitley v. State of Florida (Fla. 1st DCA 2023).
Lanique Woods v. State of Florida (Fla. 4th DCA 2024).
— 938.05(1)(b) — 5 cases
Anguille v. State, 238 So. 3d 856 (Fla. 4th DCA 2018).
Bookertee Hartfield v. State of Florida (Fla. 1st DCA 2024).
Michael Anguille v. State of Florida (Fla. 4th DCA 2018).
Jairious Elaina Culbertson v. State of Florida (Fla. 6th DCA 2025).
Timothy Lee Farris v. State of Florida (Fla. 1st DCA 2024).
— 938.05(l)(a) — 8 cases
Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010). “” The written order imposed 5 in costs, which included a 0 prosecution cost and a 5 cost for felonies pursuant to section 938.05(l)(a), Florida Statutes (2006).”
Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014). “800(b)(2), arguing that the trial court erred by incorrectly indicating that the fine imposed pursuant to section 938.05, Florida Statutes, is 0.”
Hatten v. State, 152 So. 3d 849 (Fla. 1st DCA 2014). “With respect to the fifth issue, we remand for correction of the following minor sentencing errors: imposition of a 0 cost pursuant to section 938.05(l)(a), Florida Statutes, when the statutory maximum is 5; imposition of a 5 cost pursuant *851 to section 775.”
Swift v. State, 53 So. 3d 394 (Fla. 2d DCA 2011).
Thomas v. State, 76 So. 3d 360 (Fla. 1st DCA 2011).
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