Florida Statute 938.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 938
COURT COSTS

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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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F.S. 938.30 on Casetext

Amendments to 938.30

Arrestable Offenses / Crimes under Fla. Stat. 938.30

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.30.

Annotations, Discussions, Cases:

Cases Citing Statute 938.30

Total Results: 19

PRECISION DIAGNOSTIC, INC. v. PROGRESSIVE AMERICAN INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: pursuant to ss. 55.141, 61.14, 938.29, and 938.30, which shall not be adjusted annually. (emphasis

YISSA EMANUEL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-10-02

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

VICTOR SAMULIAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-07-03

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

RICHARD HERBERT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

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

McGee v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

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

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

Footman v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-08-03

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

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

Lyantie Townsend, etc. v. R.J. Reynolds Tobacco Company

Court: Supreme Court of Florida | Date Filed: 2016-06-09

Citation: 192 So. 3d 1223, 41 Fla. L. Weekly Supp. 269, 2016 WL 3191105, 2016 Fla. LEXIS 1195

Snippet: pursuant to ss. 55.141, 61.14, 938.29, and 938.30, which shall not be adjusted annually.

R. J. Reynolds Tobacco Company v. Lyantie Townsend, as Personal etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-16

Citation: 160 So. 3d 570, 2015 WL 1578537

Snippet: court pursuant to ss. 55.141, 61.14, 938.29, and 938.30, which shall not be adjusted annually. (4) A sheriff

Noel v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

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

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

Martinez v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-06-15

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

Snippet: costs of prosecution under sections 938.27 and 938.30. See Thompson v. State, 699 So.2d 329 (Fla. 2d

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-27

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

Snippet: *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

Court: District Court of Appeal of Florida | Date Filed: 2007-06-29

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

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

JF v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-06-29

Citation: 961 So. 2d 991, 2007 WL 1852140

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

Akridge v. Crow

Court: District Court of Appeal of Florida | Date Filed: 2005-06-15

Citation: 903 So. 2d 346, 2005 WL 1398105

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

Johnston v. State

Court: Supreme Court of Florida | Date Filed: 2002-12-05

Citation: 841 So. 2d 349, 2002 WL 31718799

Snippet: section 938.30(9), the failure to pay court costs results in simply civil contempt. See § 938.30(9), Fla

Castrillon v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-07-05

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

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

Pettaway v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-08-10

Citation: 796 So. 2d 563, 2001 WL 908536

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

Blackiston v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-09-29

Citation: 772 So. 2d 554, 2000 WL 1434128

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

Burley v. State

Court: Supreme Court of Florida | Date Filed: 1952-07-11

Citation: 59 So. 2d 744, 1952 Fla. LEXIS 1700

Snippet: The deputies then searched the car and found $938.30 in cash in the glove compartment, also some lottery