Florida Statute 938.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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938.21 Alcohol and drug abuse programs.—Notwithstanding any provision to the contrary of the laws of this state, the court may assess for alcohol and other drug abuse programs as provided in s. 893.165 any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapter 893 or which involves a criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.

History.—s. 18, ch. 97-271.

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Amendments to 938.21

Annotations, Discussions, Cases:

Cases Citing Statute 938.21

Total Results: 5

Cook v. State

896 So. 2d 870, 2005 WL 433216

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683511

Cited 8 times | Published

to the requirements of s. 938.21." In turn, section 938.21, Florida Statutes (2003), permits such assessments

Paul Allen Davis v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276453

Published

being rehabilitated or from making restitution.” § 938.21, Fla. Stat. (2021) (emphasis added).

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660145

Published

Trust Fund assessment of $125. Pursuant to section 938.21, Florida Statutes (2019), the trial court may

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936583

Published

being rehabilitated or from making restitution.” § 938.21, Fla. Stat. (2019). Once again, the State

BRIAN INGALLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534804

Published

trial court to consider the factors recited in section 938.21, Florida Statutes (2017). See Desrosiers, 286

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