Florida Statutes

Fla. Stat. § 938.10 (2025)

Additional court cost imposed in cases of certain crimes.

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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 Statewide 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; s. 92, ch. 2025-6; ss. 40, 70, ch. 2025-156.

Notes of Decisions

Cited in 19 cases (6 in the last 5 years), 2005–2026 · leading case: Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017).

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Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). · cites it 15× “” § 938.10, Fla. Stat. (2006) (emphasis added).”

Gonzalez v. State, 40 So. 3d 60 (Fla. 2d DCA 2010). · cites it 5× “Finally, the written judgment and sentence imposed a 0 cost pursuant to section 938.10, Florida Statutes (2007). That cost was not mentioned at the sentencing hearing.”

McNeil v. State, 162 So. 3d 274 (Fla. 5th DCA 2015). · cites it 7× “011(2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.”

Love v. State, 992 So. 2d 823 (Fla. 2d DCA 2008). · cites it 4× “[1] The trial court imposed a 8 cost pursuant to section 27.3455, Florida Statutes (2003).”

Brown v. State, 963 So. 2d 342 (Fla. 2d DCA 2007). · cites it 2× “25 cost imposed pursuant to section 938.10, Florida Statutes (2004), which authorizes the imposition of additional costs in cases of certain crimes against minors, because the victim was not a minor.”

In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013). · cites it 2× “under section 938.10, Florida Statutes. The child has violated Gchapter 794, Florida Statutes (sexual battery) or chapter 800 (lewdness: indecent exposure) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.”

Kristopher Haddock v. State of Florida, 255 So. 3d 994 (Fla. 2d DCA 2018). · cites it 2× “Therefore, we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.”

In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013). · cites it 2× “under section 938.10, Florida Statutes. . The child has violated chapter 794, Florida Statutes (sexual battery) or chapter 800 (lewd or lascivious) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.”

Dixon v. State, 182 So. 3d 670 (Fla. 5th DCA 2015). · cites it 9× “Dixon additionally appeals the trial court’s assessment of costs under section 938.10, Florida Statutes (2014), per count, rather than per case.”

Tobin (N.D. Fla. 2026). · cites it 4× “00 as a court cost pursuant to section 938.10, Florida Statutes (Crimes Against Minors) C] 1.”

In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018). · cites it 2× “, under section 938.10, Florida Statutes. ..... The child has violated chapter 794, Florida Statutes (sexual battery), or chapter 800, Florida Statutes, (lewd or laseiviousness; indecent exposure), and is ordered to make restitution to the Crimes Compensation Trust Fund under…”

Ryan Barrett Henslee Vs State of Florida (Fla. 5th DCA 2023). · cites it 2× “The only error apparent on the face of the record is a 1 court cost imposed pursuant to section 938.10, Florida Statutes (2021), for the violation of section 800.”

Show all 19 citing cases →

— 938.10(1) — 7 cases

Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “” § 938.10, Fla. Stat. (2006) (emphasis added).”

McNeil v. State, 162 So. 3d 274 (Fla. 5th DCA 2015). “011(2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.”

Love v. State, 992 So. 2d 823 (Fla. 2d DCA 2008). “[1] The trial court imposed a 8 cost pursuant to section 27.3455, Florida Statutes (2003).”

James M. Talbert v. State of Florida (Fla. 5th DCA 2025).

Matthews v. State, 171 So. 3d 800 (Fla. 2d DCA 2015).

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