938.23
Assistance grants for alcohol and other drug abuse programs.
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938.23 Assistance grants for alcohol and other drug abuse programs.—
(1) In addition to any fine imposed by law for any criminal offense under chapter 893 or for any criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, the court shall be authorized, pursuant to the requirements of s. 938.21, to impose an additional assessment in an amount up to the amount of the fine authorized for the offense. Such additional assessments shall be deposited for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in s. 893.165.
(2) All assessments authorized by this section shall be collected by the clerk of court and remitted to the jurisdictional county as described in s. 893.165(2) for deposit into the County Alcohol and Other Drug Abuse Trust Fund or remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the Department of Children and Families pursuant to guidelines and priorities developed by the department. If a County Alcohol and Other Drug Abuse Trust Fund has not been established for any jurisdictional county, assessments collected by the clerk of court shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the Department of Children and Families.
History.—s. 3, ch. 88-381; s. 3, ch. 90-111; s. 2, ch. 93-194; s. 4, ch. 94-107; s. 19, ch. 97-271; s. 307, ch. 99-8; s. 31, ch. 2001-122; s. 6, ch. 2009-47; s. 314, ch. 2014-19.
Note.—Former s. 893.16.
Notes of Decisions
Cited in 7
cases (4 in the last 5 years), 2005–2025 · leading case: Cook v. State
Cook v. State (2005)
“" Section 938.23, Florida Statutes (2003), permits the imposition of such an assessment on a defendant for a violation of chapter 893, Florida Statutes (2003), "pursuant to the requirements of s.”
Paul Allen Davis v. State of Florida (2025)
“Davis argues that the Judgment and Sentence improperly imposes “Drug Case Fines” of 0 pursuant to section 938.23, Florida Statutes (2021).1 We agree.”
JAMAAL DESROSIERS v. STATE OF FLORIDA (2019)
“See § 938.23, Fla. Stat. (2017). However, the court must consider the defendant’s ability to pay prior to assessing these fees.”
TRAVIS T. BRINSON v. STATE OF FLORIDA (2020)
“See § 938.23, Fla. Stat. (2019); Desrosiers v.”
MICHAEL BARTOLONE v. STATE OF FLORIDA (2021)
“3d at 300 (citing § 938.23, Fla. Stat.). Moreover, “[t]he court is authorized 5 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…”
MICHAEL BARTOLONE v. STATE OF FLORIDA (2021)
“3d at 300 (citing § 938.23, Fla. Stat.). “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…”
ARGEN ANTOWINE IVORY v. STATE OF FLORIDA (2022)
“33 in costs of prosecution requested by the state pursuant to the same statute, and 0 in costs imposed for the Indian River County Alcohol and Drug Abuse Trust Fund pursuant to section 938.23(1), Florida Statutes (2018).”
— 938.23(1) — 2 cases
ARGEN ANTOWINE IVORY v. STATE OF FLORIDA (2022)
“33 in costs of prosecution requested by the state pursuant to the same statute, and 0 in costs imposed for the Indian River County Alcohol and Drug Abuse Trust Fund pursuant to section 938.23(1), Florida Statutes (2018).”
Paul Allen Davis v. State of Florida (2025)
“Davis argues that the Judgment and Sentence improperly imposes “Drug Case Fines” of 0 pursuant to section 938.23, Florida Statutes (2021).1 We agree.”
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