Florida Statute 938.055 | Lawyer Caselaw & Research

The 2024 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.

F.S. 938.055 on Google Scholar

F.S. 938.055 on Casetext

Amendments to 938.055

Arrestable Offenses / Crimes under Fla. Stat. 938.055

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.055.

Annotations, Discussions, Cases:

Cases Citing Statute 938.055

Total Results: 12

Joseph Youngblood v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-08

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

Jeffrey Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-14

Snippet: * Anders v. California, 386 U.S. 738 (1967). 938.055, Florida Statutes (2023), as the trial court did

Bookertee Hartfield v. State of Florida

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

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

Neftali Dominguez Zenon v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-10

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

JOHN ALLISON HARRIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

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

Montanez v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-07-25

Citation: 275 So. 3d 1265

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

Montanez v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-07-25

Citation: 275 So. 3d 1265

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

Hwang v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-03

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

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

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-05

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

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

Cain v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-08

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

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

William Henry Cain v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-07

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

Florida Bar v. Stolpen

Court: Supreme Court of Florida | Date Filed: 1981-02-05

Citation: 394 So. 2d 120, 1981 Fla. LEXIS 2541

Snippet: 1980, is hereby dissolved. Costs in the amount of $938.55 are hereby taxed against the Respondent. SUNDBERG