Florida Statute 938.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.10

938.10 Additional court cost imposed in cases of certain crimes.—

(1) If a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, any offense against a minor in violation of s. 784.085, chapter 787, chapter 794, former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s. 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s. 893.147(3), or s. 985.701, or any offense in violation of s. 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the court shall impose a court cost of $151 against the offender in addition to any other cost or penalty required by law.

(2) Each month the clerk of the court shall transfer $50 from the proceeds of the court cost to the Department of Revenue for deposit into the Department of Children and Families’ Grants and Donations Trust Fund for disbursement to the ¹Statewide Guardian ad Litem Office and $100 to the Department of Revenue for deposit into the Department of Children and Families’ Grants and Donations Trust Fund for disbursement to the Florida Network of Children’s Advocacy Centers, Inc., for the purpose of funding children’s advocacy centers that are members of the network. The clerk shall retain $1 from each sum collected as a service charge.

History.—s. 84, ch. 2004-265; s. 115, ch. 2006-120; s. 8, ch. 2008-16; s. 25, ch. 2008-172; s. 1, ch. 2009-174; s. 313, ch. 2014-19; s. 25, ch. 2014-160; s. 50, ch. 2016-24; s. 22, ch. 2021-156; s. 7, ch. 2024-73.

¹Note.—Substituted by the editors for a reference to the Office of the Statewide Guardian Ad Litem to conform to the correct name of the office.

F.S. 938.10 on Google Scholar

F.S. 938.10 on Casetext

Amendments to 938.10

Arrestable Offenses / Crimes under Fla. Stat. 938.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.10.

Annotations, Discussions, Cases:

Cases Citing Statute 938.10

Total Results: 20

RYAN BARRETT HENSLEE vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-19T00:00:00-07:00

Snippet: a $151 court cost imposed pursuant to section 938.10, Florida Statutes (2021), for the violation of…two offenses to which Henslee pled. But section 938.10 authorizes the cost only for the child abuse count

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: costs per case [under sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006)], it could have expressly

JARTAVIS JAMEL PEACOCK v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: strike the costs imposed pursuant to sections 938.10 and 938.085, Florida Statutes (2015), so that

KENNY FABRA AYOS v. STATE OF FLORIDA

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

Snippet: costs per case [under sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006)], it could have expressly

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

Court: Fla. | Date Filed: 2018-12-06T00:00:00-08:00

Citation: 258 So. 3d 1254

Snippet: is required to pay $-.........., under section 938.10, Florida Statutes. ..... The child has violated

KRISTOPHER HADDOCK v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-19T00:53:00-07:00

Snippet: removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost

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: IMPOSED PURSUANT TO SECTIONS 938.085, 938.08, AND 938.10, FLORIDA STATUTES (2006), ASSESSED “PER CASE” OR…question by holding that sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), call for imposition… be imposed under sections 938.08, 938.085, and 938.10; and one count of lewd or lascivious molestation…which requires costs to be imposed under section 938.10. The court imposed costs for each of the four convictions…to section 938.085, and $404 pursuant to section 938.10(1). Id. at 275. The trial court imposed costs according

Dixon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-20T00:00:00-08:00

Citation: 182 So. 3d 670, 2015 Fla. App. LEXIS 17424, 2015 WL 7302580

Snippet: trial court’s assessment of costs under section 938.10, Florida Statutes (2014), per count, rather than… Statutes (2014); and $303, pursuant to section 938.10, Florida Statutes (2014). The trial court imposed…938.08 and 938:085. However, costs under section 938.10 were imposed per count. Dixon filed a motion to…things, that the imposition of costs under section 938.10 should have also been imposed per case rather than…IMPOSED PURSUANT TO SECTIONS 938.085, 938.08, AND 938.10, FLORIDA STATUTES (2006), ASSESSED “PER CASE” OR

Matthews v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-07T00:00:00-07:00

Citation: 171 So. 3d 800, 2015 Fla. App. LEXIS 11809, 2015 WL 4680971

Snippet: , it imposed a cost of $100 pursuant to section 938.10(1), Florida Statutes (2012), which mandates costs…Matthews’ victim was not a minor. Thus, section 938.10(1) is inapplicable, and the imposition of that

McNeil v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-24T00:00:00-07:00

Citation: 163 So. 3d 661, 2015 Fla. App. LEXIS 6000, 2015 WL 1851619

Snippet: IMPOSED PURSUANT TO SECTIONS 938.085, 938.08, AND 938.10, FLORIDA STATUTES (2006), ASSESSED “PER CASE” OR

McNeil v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 162 So. 3d 274, 2015 WL 1071158

Snippet: 2006), which imposes a $151 surcharge; and section 938.10(1), Florida Statutes (2006), which imposes a $101… be imposed under sections 938.08, 938.085, and 938.10; and one count of lewd or lascivious molestation…which requires costs to be imposed under section 938.10. The court imposed costs for each of the four convictions…to section 938.085, and $404 pursuant to section 938.10(1). On appeal, McNeil contends that the trial court…Fla. 2d DCA 2005). Sections 938.08, 938.085, and 938.10(1), Florida Statutes (2006), provide: 938.08 Additional

Eric Michael Crapser v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:00:00-07:00

Citation: 148 So. 3d 794

Snippet: the additional cost imposed pursuant to section 938.10(1), Florida Statutes (2007), must be reduced from

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2013-10-03T00:00:00-07:00

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: the child is required to pay $.. under section 938.10, Florida Statutes. . The child has violated chapter

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2013-05-23T00:00:00-07:00

Citation: 115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Snippet: and the child is reouired to pav $.under section 938.10, Florida Statutes. The child has violated Gchapter

Clavelle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-27T00:00:00-08:00

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

Snippet: Fund, with the court citing sections 938.93 and 938.010, Florida Statutes. Those citations are inaccurate

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-02T00:00:00-07:00

Citation: 40 So. 3d 60, 2010 Fla. App. LEXIS 9761, 2010 WL 2634430

Snippet: sentence imposed a $100 cost pursuant to section 938.10, Florida Statutes (2007). That cost was not mentioned…trial court did not rule on this issue. Section 938.10 imposes a cost in certain cases involving crimes…error in imposition of cost pursuant to section 938.10 where the victim was not a minor). Accordingly,…strike the $100 cost imposed pursuant to section 938.10. Affirmed in part, reversed in part, and remanded

Love v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-12T00:53:00-07:00

Citation: 992 So. 2d 823

Snippet: court imposed a $16.25 cost pursuant to section 938.10, Florida Statutes (2004). The trial court must …offenses required for the statute to apply. See § 938.10(1).[1] The trial court imposed a $198 cost pursuant…EDWARD F., Senior Judge, Concur. NOTES [1] Section 938.10 became effective on July 1, 2004, after Love committed

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-22T00:53:00-07:00

Citation: 963 So. 2d 342

Snippet: in the $16.25 cost imposed pursuant to section 938.10, Florida Statutes (2004), which authorizes the

Whitaker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-23T00:00:00-08:00

Citation: 914 So. 2d 513, 2005 Fla. App. LEXIS 18578, 2005 WL 3116104

Snippet: for the Child Advocacy Trust Fund under section 938.10(1), effective July 1, 2004. No. 2D04-4557

Sun Power Diesel, Inc. v. Florida Detroit Diesel-Allison, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-03T00:00:00-08:00

Citation: 701 So. 2d 1230, 1997 Fla. App. LEXIS 13358, 1997 WL 740668

Snippet: for breach of contract. The former recovered $21,938.10 on its claim for parts returned to, but rejected