Florida Statutes
Fla. Stat. § 938.21 (2025)
Alcohol and drug abuse programs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2002–2025 · leading case: Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005).
Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005). “" In turn, section 938.21, Florida Statutes (2003), permits such assessments "if [the court] 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 making restitution.”
Gunn v. State, 818 So. 2d 681 (Fla. 4th DCA 2002). “See §§ 938.21-938.23 (Florida Statutes). We affirm the sentence and conviction in all other respects.”
Michael Bartolone v. State of Florida (Fla. 4th DCA 2021). “” § 938.21, Fla. Stat. (2019). In the instant case, the court simply ordered “5 Drug Trust Fund assessment.”
Paul Allen Davis v. State of Florida (Fla. 6th DCA 2025). “” § 938.21, Fla. Stat. (2021) (emphasis added).”
Brian Ingalls v. State of Florida (Fla. 4th DCA 2020). “We reverse and remand for the trial court to consider the factors recited in section 938.21, Florida Statutes (2017). See Desrosiers, 286 So.”
Michael Bartolone v. State of Florida (Fla. 4th DCA 2021). “” § 938.21, Fla. Stat. (2019). Once again, the State concedes error and states that it has no objection to the 5 Drug Trust Fund assessment being stricken, but requests an opportunity on remand to establish “this additional assessment[.”
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