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Florida Statute 938.30 - Full Text and Legal Analysis
Florida Statute 938.30 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.30
938.30 Financial obligations in criminal cases; supplementary proceedings.
(1) Any person liable for payment of any financial obligation in any criminal case is subject to the provisions of this section. Courts operating under the provisions of this section shall have jurisdiction over such financial obligations to ensure compliance.
(2) The court may require a person liable for payment of an obligation to appear and be examined under oath concerning the person’s financial ability to pay the obligation. The judge may convert the statutory financial obligation into a court-ordered obligation to perform community service, subject to the provisions of s. 318.18(8), after examining a person under oath and determining the person’s inability to pay. Any person who fails to attend a hearing may be arrested on warrant or capias issued by the clerk upon order of the court.
(3) The order requiring the person’s appearance shall be served a reasonable time before the date of the examination in the manner provided for service of summons, as provided for service of papers under rules of civil procedure, or by actual notice.
(4) Testimony may be taken regarding any subject relevant to the financial interests of the person tending to aid in satisfying the obligation. Other witnesses who may have information relevant to the issue of the person’s ability or lack of ability to pay the obligation may be examined. Documents and other exhibits may also be produced as evidence.
(5) The court may order that any nonexempt property of the person which is in the hands of another be applied toward satisfying the obligation.
(6) If judgment has not been previously entered on any court-imposed financial obligation, the court may enter judgment thereon and issue any writ necessary to enforce the judgment in the manner allowed in civil cases. Any judgment issued under this section constitutes a civil lien against the judgment debtor’s presently owned or after-acquired property, when recorded pursuant to s. 55.10. Supplementary proceedings undertaken by any governmental entity to satisfy a judgment imposed pursuant to this section may proceed without bond and without the payment of statutory fees associated with judgment enforcement.
(7) Provisions of the Uniform Fraudulent Transfer Act apply to collection matters under this section and may be used to collect any court-imposed financial obligation subject to this section.
(8) If a criminal or civil judgment has previously been entered on a court-imposed financial obligation, the judgment constitutes a civil lien against the judgment debtor’s presently owned or after-acquired real or personal property when recorded pursuant to s. 55.10, except that a judgment on a court-imposed financial obligation is not subject to the 10-year rerecording requirement of s. 55.10. The judgment must secure all unpaid court-imposed financial obligations that are due and may accrue subsequent to the recording of the judgment, as well as interest and reasonable costs for issuing a satisfaction and recording the satisfaction in the official records.
(9) The clerk of the court shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debts or liens imposed and collected under this section in the same manner as prescribed in s. 938.29(3).
(10) In lieu of examining the person, or in addition thereto, the court may order the person to comply with a payment schedule to satisfy the obligation.
(11) Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of court, may be held in civil contempt.
(12) Administrative costs incurred in enforcing compliance under this section shall be paid by the person. Such costs may include postage, copying, docketing fees, service fees, court reporter’s fees, and reimbursements for the costs of processing bench warrants and pickup orders. Reasonable attorney’s fees may be assessed at the court’s discretion. Judges may assess such administrative costs and attorney’s fees against the person as the court deems necessary to offset such fees and costs incurred under this section.
(13) The court may refer any proceeding under this section to a special magistrate who shall report findings and make recommendations to the court. The court shall act on such recommendations within a reasonable amount of time.
(14) The provisions of this section may be used in addition to, or in lieu of, other provisions of law for enforcing payment of court-imposed financial obligations in criminal cases. The court may enter any orders necessary to carry out the purposes of this section.
History.s. 4, ch. 98-247; s. 1, ch. 99-266; s. 129, ch. 2003-402; s. 102, ch. 2004-11; s. 20, ch. 2012-100; s. 9, ch. 2013-109.

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Amendments to 938.30


Annotations, Discussions, Cases:

Cases Citing Statute 938.30

Total Results: 18

Johnston v. State

841 So. 2d 349, 2002 WL 31718799

Supreme Court of Florida | Filed: Dec 5, 2002 | Docket: 1234016

Cited 19 times | Published

given them his condolences. [6] Pursuant to section 938.30(9), the failure to pay court costs results

Akridge v. Crow

903 So. 2d 346, 2005 WL 1398105

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1257806

Cited 8 times | Published

their petition with an opinion to follow.[1] Section 938.30, Florida Statutes (2003), authorizes supplementary

Noel v. State

127 So. 3d 769, 2013 WL 6182407, 2013 Fla. App. LEXIS 18880

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236854

Cited 2 times | Published

statute authorizing collections courts) (citing § 938.30, Fla. Stat. (2000)). 6. The sentencing judge can

Blackiston v. State

772 So. 2d 554, 2000 WL 1434128

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1729440

Cited 2 times | Published

court program" in the Ninth Circuit pursuant to Section 938.30, Florida Statutes (Supp.1998). We reverse.

Martinez v. State

91 So. 3d 878, 2012 WL 2159221, 2012 Fla. App. LEXIS 9705

District Court of Appeal of Florida | Filed: Jun 15, 2012 | Docket: 60309999

Cited 1 times | Published

can convert these costs to community service. § 938.30(2). Finally, although the statutes do not expressly

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

obligation to perform community service,” Fla. Stat. § 938.30(2), a provision that makes little sense if costs

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

obligation to perform community service,” Fla. Stat. § 938.30(2), a provision that makes little sense if costs

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2020 | Docket: 16861481

Published

imposed at sentencing to civil liens, Fla. Stat. § 938.30(6)–(9), when they know that the defendant is unable

YISSA EMANUEL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280812

Published

Judge. PER CURIAM. Affirmed. See § 938.30, Fla. Stat. (2018). KELLY, MORRIS, and BADALAMENTI

VICTOR SAMULIAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15874999

Published

Judge. PER CURIAM. Affirmed. See § 938.30, Fla. Stat. (2018). KHOUZAM, C.J., and SLEET

RICHARD HERBERT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752775

Published

Judge. PER CURIAM. Affirmed. See § 938.30, Fla. Stat. (2018). NORTHCUTT, SALARIO, and

McGee v. State

202 So. 3d 107, 2016 Fla. App. LEXIS 14808

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 60257161

Published

PER CURIAM. Affirmed. See § 938.30, Fla. Stat. (2015); Lindquist v. State, 155 So.3d 1193 (Fla. 2d DCA

Footman v. State

197 So. 3d 624, 2016 Fla. App. LEXIS 11639, 2016 WL 4137526

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256282

Published

PER CURIAM. Affirmed. See § 938.30, Fla. Stat. (2015); Lindquist v. State, 155 So.3d 1193 (Fla. 2d DCA

Hernandez v. State

46 So. 3d 176, 2010 Fla. App. LEXIS 16268, 2010 WL 4226274

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 60296308

Published

*177opportunity for the appellant to be heard are met. See § 938.30(6), Fla. Stat. (2009) (“If judgment has not been

J.F. v. State

961 So. 2d 991, 2007 Fla. App. LEXIS 10072

District Court of Appeal of Florida | Filed: Jun 29, 2007 | Docket: 64851583

Published

right to contest the amount as required by section 938.30 of the Florida Statutes (2005) and rule 3.720(d)

JF v. State

961 So. 2d 991, 2007 WL 1852140

District Court of Appeal of Florida | Filed: Jun 29, 2007 | Docket: 1167991

Published

right to contest the amount as required by section 938.30 of the Florida Statutes (2005) and rule 3.720(d)

Castrillon v. State

821 So. 2d 360, 2002 Fla. App. LEXIS 9452, 2002 WL 1437988

District Court of Appeal of Florida | Filed: Jul 5, 2002 | Docket: 64816408

Published

Collection Program was adopted pursuant to section 938.30, entitled “Court-imposed financial obligations

Pettaway v. State

796 So. 2d 563, 2001 WL 908536

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1249523

Published

on point. Pettaway argues in addition that section 938.30 does not authorize the establishment of a new