Florida Statute 938.055 - 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. 938.055

938.055 Operating Trust Fund of the Department of Law Enforcement.—Notwithstanding any other law, the court may assess a defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapters 775-896, without regard to whether adjudication was withheld, in addition to any fine and other penalty provided or authorized by law, an amount of $100, to be paid to the clerk of the court, who shall forward it to the Department of Revenue for deposit in the Operating Trust Fund of the Department of Law Enforcement to be used by the statewide criminal analysis laboratory system for the purposes specified in s. 943.361. This amount shall be assessed if the services of a local county-operated crime laboratory enumerated in s. 943.35(1) are used in connection with the investigation or prosecution of a violation of any provision of chapters 775-896.

History.—s. 20, ch. 97-271; s. 24, ch. 2001-122; s. 21, ch. 2005-128; s. 1, ch. 2012-125.

Note.—Former s. 938.25.

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Amendments to 938.055

Annotations, Discussions, Cases:

Cases Citing Statute 938.055

Total Results: 10

Taylor v. State

214 So. 3d 700, 2017 WL 1278073, 2017 Fla. App. LEXIS 4635

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 60264220

Cited 2 times | Published

the statutorily authorized amount of $100. See § 938.055, Fla. Stat. (2014). As such, the excess costs

Montanez v. State

275 So. 3d 1265

District Court of Appeal of Florida | Filed: Jul 25, 2019 | Docket: 64720694

Cited 1 times | Published

the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2018). The trial court failed

Hwang v. State

219 So. 3d 67, 2017 WL 1713682, 2017 Fla. App. LEXIS 6179

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60266574

Cited 1 times | Published

The correct statutory citation should be section 938.055, Florida Statutes (2012), which became effective

Joseph Youngblood v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234596

Published

the $400.00 ($100.00 x 4) cost pursuant to section 938.055, Florida Statutes (FDLE Operating Trust Fund)

Bookertee Hartfield v. State of Florida

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

Published

Department of Law Enforcement (FDLE) fee under section 938.055, Florida Statutes, arguing the imposition was

Neftali Dominguez Zenon v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149065

Published

and $100 operating trust fund pursuant to section 938.055, Florida Statutes (2022). The State concedes

JOHN ALLISON HARRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084936

Published

962, 962 (Fla. 4th DCA 2020). Pursuant to section 938.055, Florida Statutes (2019), a trial court may

Montanez v. State

275 So. 3d 1265

District Court of Appeal of Florida | Filed: Jul 25, 2019 | Docket: 64720695

Published

the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2018). The trial court failed

Cain v. State

197 So. 3d 1096, 2016 Fla. App. LEXIS 3483, 2016 WL 878773

District Court of Appeal of Florida | Filed: Mar 8, 2016 | Docket: 60256163

Published

the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes, and the .$100 sheriffs investigative

William Henry Cain v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3042302

Published

the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes, and the $100 sheriff’s