Florida Statute 938.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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F.S. 938.23

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.

F.S. 938.23 on Google Scholar

F.S. 938.23 on Casetext

Amendments to 938.23

Arrestable Offenses / Crimes under Fla. Stat. 938.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.23.

Annotations, Discussions, Cases:

Cases Citing Statute 938.23

Total Results: 8

ARGEN ANTOWINE IVORY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-10T00:53:00-07:00

Snippet: Alcohol and Drug Abuse Trust Fund pursuant to section 938.23(1), Florida Statutes (2018). With respect to these

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: trust fund. Desrosiers, 286 So. 3d at 300 (citing § 938.23, Fla. Stat.). “The court is authorized to order

MICHAEL BARTOLONE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-26T00:53:00-07:00

Snippet: trust fund. Desrosiers, 286 So. 3d at 300 (citing § 938.23, Fla. Stat.). Moreover, “[t]he court is authorized

TRAVIS T. BRINSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-02T00:53:00-07:00

Snippet: fees for the county drug abuse trust fund. See § 938.23, Fla. Stat. (2019); Desrosiers v. State, 286 So

JAMAAL DESROSIERS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-12-10T23:53:00-08:00

Snippet: fees for the county drug abuse trust fund. See § 938.23, Fla. Stat. (2017). However, the court must consider

Bell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-14T00:00:00-07:00

Citation: 19 So. 3d 443, 2009 Fla. App. LEXIS 15538, 2009 WL 3271366

Snippet: the trial court, pursuant to sections 938.21 and 938.23, Florida Statutes (2007), imposed a $50 assessment

Cook v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-24T23:53:00-08:00

Citation: 896 So. 2d 870

Snippet: assessments collected pursuant to s. 938.23." Section 938.23, Florida Statutes (2003), permits the…this cost if it complies with sections 938.21 and 938.23. A different result is required, however, for the

Gunn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-12T00:53:00-07:00

Citation: 818 So. 2d 681

Snippet: the ability to pay such amounts. See §§ 938.21-938.23 (Florida Statutes). We affirm the sentence and