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Florida Statutes

Fla. Stat. § 939.06 (2025)

Acquitted defendant not liable for costs.

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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.
Notes of Decisions
Cited in 50 cases (1 in the last 5 years), 1956–2023 · leading case: Wolf v. Cnty. of Volusia, 703 So. 2d 1033 (Fla. 1997).
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Wolf v. Cnty. of Volusia, 703 So. 2d 1033 (Fla. 1997). · cites it 13× “§ 939.06, Fla.Stat. (1989). Given its plain meaning, the relevant portion of this statute simply says: No acquitted criminal defendant shall be liable for any court costs or court fees, any costs or fees of a ministerial government office, or any charges for subsistence, and…”
Clark v. State, 570 So. 2d 408 (Fla. 2d DCA 1990). · cites it 11× “[2] § 939.06, Fla. Stat. (1989). [3] Section 939.”
Williams v. Ergle, 698 So. 2d 1294 (Fla. 5th DCA 1997). · cites it 8× “This choice of words can be explained by reference to section 939.06, Florida Statutes, which provides a defendant who is acquitted or discharged is *1297 not liable for subsistence charges while detained in custody.”
Bd. of Cnty. Comm'rs v. Sawyer, 620 So. 2d 757 (Fla. 1993). · cites it 8× “§ 939.06, Fla. Stat. (1989). Given its plain meaning, the relevant portion of this statute simply says: No acquitted criminal defendant shall be liable for any court costs or court fees, any costs or fees of a ministerial government office, or any charges for subsistence, and…”
Haines v. State, 80 So. 3d 1144 (Fla. 4th DCA 2012). · cites it 20× “(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.”
Benitez v. State, 350 So. 2d 1100 (Fla. 3d DCA 1977). · cites it 4× “Section 939.06, Florida Statutes (1975), specifically provides: "939.”
Pfeifer v. Powell, 498 So. 2d 614 (Fla. 5th DCA 1986). · cites it 5× “Petitioner was acquitted of first degree murder and filed a motion to tax costs in *615 the trial court pursuant to Section 939.06, Florida Statutes (1985). Petitioner sought costs in the sum of ,686.”
Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 2× “This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and article I, section 9, of the Florida Constitution.”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). · cites it 2× “This rule shall not apply to applications for reimbursement of costs pursuant to Florida Statutesection 939.06, Florida Statutes, and Aarticle I, Ssection 9, of the Florida Constitution.”
Warren v. Capuano, 269 So. 2d 380 (Fla. 4th DCA 1972). · cites it 3× “The appellee relies on Section 939.06, Florida Statutes, F.S.A., for authority to place liability on the county for the costs of depositions sought to be refunded to him.”
Volusia Cnty. v. Carrin, 666 So. 2d 603 (Fla. 5th DCA 1996). · cites it 8× “§ 939.06, Fla.Stat. (1993). The supreme court interpreted this statutory reference to “taxable costs” to mean court costs, court fees, any costs or fees of a ministerial governmental office, or any charges for subsistence: Given its plain meaning, the relevant portion of this…”
Orange Cnty. v. Davis, 414 So. 2d 278 (Fla. 5th DCA 1982). · cites it 2× “Section 939.06, Florida Statutes (1981), is the operative statute in the instant case and provides: Acquitted defendant not liable for costs.”
Show all 50 citing cases →
— 939.06(1) — 2 cases
Haines v. State, 80 So. 3d 1144 (Fla. 4th DCA 2012). “(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.”
Kayodi Whitley v. State of Florida, 273 So. 3d 1 (Fla. 4th DCA 2019).
— 939.06(2) — 1 case
Haines v. State, 80 So. 3d 1144 (Fla. 4th DCA 2012). “(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.”
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