Florida Statute 939.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 939
COSTS

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F.S. 939.06

939.06 Acquitted defendant not liable for costs.—

(1) A defendant in a criminal prosecution who is acquitted or discharged is not liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If the defendant has paid any taxable costs, or fees required under s. 27.52(1)(b), in the case, the clerk or judge shall give him or her a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to the defendant.

(2) To receive a refund under this section, a defendant must submit a request for the refund to the Justice Administrative Commission on a form and in a manner prescribed by the commission. The defendant must attach to the form an order from the court demonstrating the defendant’s right to the refund and the amount of the refund.

History.—s. 3, ch. 76, 1846; RS 2988; GS 4062; RGS 6166; CGL 8480; s. 44, ch. 73-334; s. 1590, ch. 97-102; s. 131, ch. 2003-402; s. 62, ch. 2005-236.

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Amendments to 939.06

Annotations, Discussions, Cases:

Cases Citing Statute 939.06

Total Results: 54

Wood v. City of Jacksonville

248 So. 2d 176

District Court of Appeal of Florida | Filed: May 20, 1971 | Docket: 1293320

Cited 16 times | Published

v. Barrs, 87 Fla. 168, 99 So. 668. [4] F.S. § 939.06, F.S.A. [5] Rule 6.1, F.A.R., 32 F.S.A. [6]

Warren v. Capuano

269 So. 2d 380

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 1722368

Cited 15 times | Published

Costs § 441 at 687. The appellee relies on Section 939.06, Florida Statutes, F.S.A., for authority to

Bagley v. State

122 So. 2d 789, 83 A.L.R. 2d 860

District Court of Appeal of Florida | Filed: Jul 28, 1960 | Docket: 1751011

Cited 13 times | Published

the trial and appeal, as are recoverable under § 939.06, Florida Statutes, F.S.A., where defendant in

Bagley v. State

122 So. 2d 789, 83 A.L.R. 2d 860

District Court of Appeal of Florida | Filed: Jul 28, 1960 | Docket: 1751011

Cited 13 times | Published

the trial and appeal, as are recoverable under § 939.06, Florida Statutes, F.S.A., where defendant in

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

Doran v. State

296 So. 2d 86

District Court of Appeal of Florida | Filed: Jun 19, 1974 | Docket: 1754705

Cited 7 times | Published

NOTES [1] Fla. Const. art. I, § 19, F.S.A. [2] § 939.06, F.S.A. [3] Wood v. City of Jacksonville, Fla

Orange County v. Davis

414 So. 2d 278

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 2552497

Cited 6 times | Published

criminal case. The statutes provide the answer. Section 939.06, Florida Statutes (1981), is the operative

Benitez v. State

350 So. 2d 1100

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 1710392

Cited 6 times | Published

exists. See 20 Am.Jur.2d Costs § 100 (1965). Section 939.06, Florida Statutes (1975), specifically provides:

Powell v. State

314 So. 2d 788

District Court of Appeal of Florida | Filed: Jun 4, 1975 | Docket: 1420565

Cited 6 times | Published

taxable." (Emphasis supplied) Certainly, Fla. Stat. § 939.06 (1973) establishes a general policy which prohibits

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

Williams v. Ergle

698 So. 2d 1294, 1997 WL 522865

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 1524326

Cited 5 times | Published

choice of words can be explained by reference to section 939.06, Florida Statutes, which provides a defendant

BOARD OF COUNTY COMM'RS v. Sawyer

620 So. 2d 757, 1993 WL 184570

Supreme Court of Florida | Filed: Jun 3, 1993 | Docket: 1387569

Cited 5 times | Published

district court reversed, reasoning that since section 939.06, Florida Statutes (1989), does not define "taxable

Holton v. State

311 So. 2d 711

District Court of Appeal of Florida | Filed: Apr 29, 1975 | Docket: 1775854

Cited 5 times | Published

I, Sec. 19, of the Florida Constitution, and § 939.06, Fla. Stat., for reimbursement of costs to a defendant

Wolf v. County of Volusia

703 So. 2d 1033, 22 Fla. L. Weekly Supp. 192, 1997 Fla. LEXIS 431, 1997 WL 182884

Supreme Court of Florida | Filed: Apr 17, 1997 | Docket: 1348846

Cited 4 times | Published

have defined the phrase "taxable costs" under section 939.06, Florida Statutes (1995), to include expenses

Lillibridge v. City of Miami

276 So. 2d 40

Supreme Court of Florida | Filed: Apr 11, 1973 | Docket: 1730374

Cited 4 times | Published

Court of Appeal, First District, that Fla. Stat. § 939.06, F.S.A., expresses a general policy of the Legislature

Clark v. State

570 So. 2d 408, 1990 WL 180944

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 1348828

Cited 3 times | Published

costs and fees, the legislature has provided in section 939.06, Florida Statutes (1989), the following: No

Pfeifer v. Powell

498 So. 2d 614, 11 Fla. L. Weekly 2534

District Court of Appeal of Florida | Filed: Dec 4, 1986 | Docket: 1335255

Cited 3 times | Published

tax costs in *615 the trial court pursuant to Section 939.06, Florida Statutes (1985). Petitioner sought

ONE 1978 GREEN DATSUN v. State Ex Rel. Manatee County

457 So. 2d 1060

District Court of Appeal of Florida | Filed: Jun 8, 1984 | Docket: 1522343

Cited 3 times | Published

as "quasi-criminal" in nature and found that section 939.06, Florida Statutes (1975), authority for an

Bothwell v. State

450 So. 2d 1150

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 1433359

Cited 3 times | Published

Bothwell filed a motion to tax costs pursuant to section 939.06, Florida Statutes (1981), which provides that

Goldberg v. County of Dade

378 So. 2d 1242

District Court of Appeal of Florida | Filed: Dec 11, 1979 | Docket: 1794470

Cited 3 times | Published

as to the remaining charges. Pursuant to Florida Statute 939.06 (1977), she filed for a certificate of

BS v. State

862 So. 2d 15, 2003 WL 22136809

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1762237

Cited 2 times | Published

prisoners must pay for their subsistence costs. But section 939.06, Florida Statutes (2000), provides that, if

In Re Amendment to Florida Rule Crim. Proc.

550 So. 2d 1097, 1989 WL 48932

Supreme Court of Florida | Filed: Nov 2, 1989 | Docket: 1718807

Cited 2 times | Published

for reimbursement of costs pursuant to Florida Statute 939.06 and Article I, Section 9 of the Florida

Haines v. State

80 So. 3d 1144, 2012 Fla. App. LEXIS 3729, 2012 WL 716029

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2414116

Cited 1 times | Published

filed a motion for certification of costs under section 939.06, Florida Statutes. Certification of costs is

B.S. v. State

862 So. 2d 15, 2003 Fla. App. LEXIS 13958

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64827241

Cited 1 times | Published

prisoners must pay for their subsistence costs. But section 939.06, Florida Statutes (2000), provides that, if

State ex rel. Mott v. Scofield

120 So. 2d 825, 1960 Fla. App. LEXIS 2570

District Court of Appeal of Florida | Filed: May 25, 1960 | Docket: 60194997

Cited 1 times | Published

certificate of payment of. such cost, pursuant to section 939.06, Florida Statutes, F.S.A. The county judge

CINDY STUART, CLERK AND COMPTROLLER FOR 13TH JUDICIAL CIRCUIT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 8, 2023 | Docket: 68072919

Published

criminal defendants in certain circumstances. Section 939.06, Florida Statutes (2021), for example, permits

KAYODI WHITLEY v. STATE OF FLORIDA

273 So. 3d 1

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909114

Published

entered a judgment of not guilty. Pursuant to section 939.06, Florida Statutes (2018), Whitley moved for

Kelly Mathis v. State

District Court of Appeal of Florida | Filed: Jan 15, 2018 | Docket: 6284251

Published

that Mathis is entitled to costs pursuant to section 939.06, Florida Statutes (2016), and rule 9.400(a)

Daniel J. Diodato v. State

150 So. 3d 867, 2014 Fla. App. LEXIS 17911, 2014 WL 5614863

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592853

Published

any ministerial office.” Id. (citing § 939.06, Fla. Stat. (2010)). The trial court has

Justice Administrative Commission v. Neighbors

927 So. 2d 218, 2006 Fla. App. LEXIS 6460, 2006 WL 1140988

District Court of Appeal of Florida | Filed: May 2, 2006 | Docket: 64844228

Published

Commission to pay these certified costs. However, section 939.06, Florida Statutes (2004), authorizes reimbursement

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

Guerrier v. State

733 So. 2d 608, 1999 Fla. App. LEXIS 8317, 1999 WL 452143

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64788430

Published

County of Volusia, 703 So.2d 1033 (Fla.1998) and section 939.06, Florida Statutes.

Amendment to Florida Rules of Criminal Procedure 3.220(h) & 3.361

724 So. 2d 1162, 24 Fla. L. Weekly Supp. 605, 1998 Fla. LEXIS 2213, 1998 WL 830663

Supreme Court of Florida | Filed: Dec 3, 1998 | Docket: 64785832

Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

Amendment to Florida Rule of Criminal Procedure 3.220(h)(1)

710 So. 2d 961, 23 Fla. L. Weekly Supp. 182, 1998 Fla. LEXIS 601, 1998 WL 153767

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64780954

Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

Orange County v. Love

703 So. 2d 1138, 1997 Fla. App. LEXIS 13614, 1997 WL 748857

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777910

Published

both counts. On February 1, 1996, pursuant to section 939.06, Love filed a motion in the county court seeking

State v. Ball

689 So. 2d 1157, 1997 Fla. App. LEXIS 1848, 1997 WL 90825

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771794

Published

are reimbursed for taxable “costs.” Fla. Stat. § 939.06 (1993). See Goldberg v. Dade County, 378 So.2d

In re Amendment to Florida Rule of Criminal Procedure 3.220(h)

681 So. 2d 666, 1996 Fla. LEXIS 1517

Supreme Court of Florida | Filed: Sep 12, 1996 | Docket: 64768383

Published

applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9

County of Volusia v. Wolf

672 So. 2d 563, 1996 Fla. App. LEXIS 2856, 1996 WL 125710

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 64764056

Published

which, in both cases, were awarded pursuant to section 939.06, Florida Statutes (1995). The county concedes

Volusia County v. Carrin

666 So. 2d 603, 1996 Fla. App. LEXIS 472, 1996 WL 27896

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 64761559

Published

the court said that the applicable statute, section 939.06, Florida Statutes, only authorizes a criminal

Evans v. State

608 So. 2d 944, 1992 Fla. App. LEXIS 12228, 1992 WL 355054

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692196

Published

2d 15 (Fla. 5th DCA 1992). Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is

Evans v. State

608 So. 2d 944, 1992 Fla. App. LEXIS 12228, 1992 WL 355054

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692196

Published

2d 15 (Fla. 5th DCA 1992). Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is

Fijnje v. State

609 So. 2d 672, 1992 Fla. App. LEXIS 11765, 1992 WL 353389

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692583

Published

to tax costs in the trial court pursuant to section 939.06, Florida Statutes (1991), seeking costs in

Sawyer v. Board of County Commissioners

596 So. 2d 475, 1992 Fla. App. LEXIS 2803, 1992 WL 51262

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64666375

Published

then been refused by the county. We reverse. Section 939.06, Florida Statutes (1989), provides for the

Short v. State

579 So. 2d 163, 1991 Fla. App. LEXIS 3421, 1991 WL 53545

District Court of Appeal of Florida | Filed: Apr 10, 1991 | Docket: 64658586

Published

and need not be certified as such pursuant to section 939.06, Florida Statutes (1989). This ruling is correct

Rowell v. State

555 So. 2d 959, 1990 Fla. App. LEXIS 485, 1990 WL 5397

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 64647613

Published

an acquitted or discharged defendant under Section 939.06, Florida Statutes, and as an indigent. We affirm

Osceola County v. Otte

530 So. 2d 478, 13 Fla. L. Weekly 2054, 1988 Fla. App. LEXIS 3832, 1988 WL 89742

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636725

Published

and expenses of the private investigator. See § 939.06, Fla.Stat. (1987). The trial court refused to

Florida Bar re Emergency Amendments to Rules of Criminal Procedure (Rule 3.220)

498 So. 2d 875, 11 Fla. L. Weekly 597, 1986 Fla. LEXIS 2931

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 64623632

Published

for reimbursement of costs pursuant to Florida Statute 939.06 and Article I Section 9 of the Florida

Hillsborough County v. Martinez

483 So. 2d 540, 11 Fla. L. Weekly 501, 1986 Fla. App. LEXIS 6431

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 1511930

Published

on the reimbursement of costs authorized by section 939.06 for a discharged defendant; it is not independent

Ago

Florida Attorney General Reports | Filed: Oct 10, 1984 | Docket: 3258441

Published

hold that the term `taxable costs,' as used in Section 939.06, Florida Statutes (1975) means all reasonable

State ex rel. Cavanaugh v. Coe

439 So. 2d 313, 1983 Fla. App. LEXIS 22513

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 64600202

Published

a certificate of taxable costs pursuant to section 939.06, Florida Statutes (1981), which provides as

Hayes v. State

387 So. 2d 539, 1980 Fla. App. LEXIS 17132

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577909

Published

taxable costs in the preparation of his defense. Section 939.06, Florida Statutes (1979), allows and requires

State ex rel. City of Pompano Beach ex rel. Pompano Beach Police Department v. Washington

352 So. 2d 138, 1977 Fla. App. LEXIS 16936

District Court of Appeal of Florida | Filed: Nov 22, 1977 | Docket: 64561416

Published

whether the court can award as costs, under Section 939.06, Florida Statutes (1975), damages resulting

State v. Nell

297 So. 2d 90, 1974 Fla. App. LEXIS 6793

District Court of Appeal of Florida | Filed: Jun 26, 1974 | Docket: 64539972

Published

this constitutional mandate by statutes. See F.S. § 939.06 F.S.A. (Art. XVI, § 9 of the 1885 State Constitution

Lunetto v. State

274 So. 2d 251, 1973 Fla. App. LEXIS 7145

District Court of Appeal of Florida | Filed: Mar 9, 1973 | Docket: 64530879

Published

the trial, he filed a motion pursuant to F.S. § 939.06, F.S.A., to be reimbursed for costs incurred by