Florida Statute 938.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.19

938.19 Teen courts.—

(1) Notwithstanding s. 318.121, in each county in which a teen court has been created, the board of county commissioners may adopt a mandatory court cost to be assessed in specific cases by incorporating by reference the provisions of this section in a county ordinance. Assessments collected by the clerk of the circuit court under this section shall be deposited into an account specifically for the operation and administration of the teen court.

(2) A sum of up to $3 shall be assessed as a court cost in the circuit and county court in the county against each person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act, or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of chapter 316. Any person whose adjudication is withheld under s. 318.14(9) or (10) shall also be assessed the cost.

(3) The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with ss. 316.660 and 318.21. The assessment shall be specifically added to any civil penalty paid for a violation of chapter 316, regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws.

(4)(a) The clerk of the circuit court shall collect the assessments for court costs established in this section and shall remit the assessments to the teen court monthly.

(b) The clerk of the circuit court shall withhold 5 percent of the assessments collected, which shall be retained as fee income of the office of the clerk of the circuit court.

(5) A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners.

(6) A teen court may be administered by a nonprofit organization, a law enforcement agency, the court administrator, the clerk of the court, or another similar agency authorized by the board of county commissioners.

(7) A teen court administered in a county that adopts an ordinance to assess court costs under this section may not receive court costs collected under s. 939.185(1)(a)4.

History.—s. 2, ch. 96-382; s. 46, ch. 97-238; s. 16, ch. 97-271; s. 2, ch. 98-207; s. 126, ch. 2003-402; s. 71, ch. 2005-236; s. 2, ch. 2007-71.

Note.—Former s. 39.019.

F.S. 938.19 on Google Scholar

F.S. 938.19 on Casetext

Amendments to 938.19

Arrestable Offenses / Crimes under Fla. Stat. 938.19

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.19.

Annotations, Discussions, Cases:

Cases Citing Statute 938.19

Total Results: 20

Lanique Woods v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: court costs. §§ 775.083(2), 938.03, 938.06(1), 938.19(2), Fla. Stat. (2021). But an additional $70 in

CHITREKHA RAMSARAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: $3. The State, however, has shown that section 938.19(2), Florida Statutes (2021), provides for the mandatory

Kahasim Rashid Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: 938.01, 938.03, 938.05, 938.06, 938.07, 938.13, 938.19, 939.185, 775.083(2), 318.18(17), Fla. Stat.; ESCAMBIA

H. R. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-15

Snippet: assessment for teen court imposed pursuant to section 938.19(2), Florida Statutes (2017), and Polk County Ordinance

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

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 258 So. 3d 1254

Snippet: Teen Court cost and service charge, under section 938.19, Florida Statutes (if authorized by county ordinance);

H.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-04

Citation: 229 So. 3d 423

Snippet: penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency

H.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-04

Snippet: penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency

F.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-19

Citation: 218 So. 3d 455, 2017 WL 1401465, 2017 Fla. App. LEXIS 5365

Snippet: discussion. On the second argument, we reverse. Section 938.19, Florida Statutes (2015), states, in pertinent

C.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-20

Citation: 127 So. 3d 685, 2013 WL 6082572, 2013 Fla. App. LEXIS 18400

Snippet: the $2 teen court fee was unauthorized. Section 938.19(l)-(2), Florida Statutes (2011), provides that

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

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

Snippet: Statutes; . pay $. the Teen Court cost, under section 938.19, Florida Statutes (if authorized by county ordinance);

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-05-23

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

Snippet: Statutes: . pay $.the Teen Court cost, under section 938.19. Florida Statutes (if authorized by county ordinance):

S.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

Citation: 56 So. 3d 116, 2011 Fla. App. LEXIS 3156, 2011 WL 799745

Snippet: true as to the $3 teen courts fee, see section 938.19, Florida Statutes (2009), which also fails because

Swift v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-02-11

Citation: 53 So. 3d 394, 2011 Fla. App. LEXIS 1560, 2011 WL 478726

Snippet: to the $3 fee to “Teen Court Fund” under section 938.19, we affirm the assessment but remand for the trial

W.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-02

Citation: 37 So. 3d 990, 2010 Fla. App. LEXIS 9767

Snippet: authority for the $3 “Teen Court fee” under section 938.19, Florida Statutes (2008), in accordance with Ayoub

WB v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-02

Citation: 37 So. 3d 990, 2010 WL 2634429

Snippet: authority for the $3 "Teen Court fee" under section 938.19, Florida Statutes (2008), in accordance with Ayoub

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-04-22

Snippet: support teen court programs, except as provided in s. 938.19(7), juvenile assessment centers, and other juvenile

J.W.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

Snippet: delinquent act; and $3.00 is authorized by section 938.19(2), Florida Statutes (2007), which expressly includes

JWJ v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 WL 4899179

Snippet: delinquent act; and $3.00 is authorized by section 938.19(2), Florida Statutes (2007), which expressly includes

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: s. 30, Ch. 2008-111, Laws of Fla. 4 But see s. 938.19(1), Fla. Stat., authorizing the assessment and

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-02

Snippet: support teen court programs, except as provided in s. 938.19(7), juvenile assessment centers, and other alternative