Florida Statute 939.06 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 939.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 939.06.

Annotations, Discussions, Cases:

Cases Citing Statute 939.06

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-08T00:00:00-08:00

Snippet: criminal defendants in certain circumstances. Section 939.06, Florida Statutes (2021), for example, permits …1033, 1034 (Fla. 1997) (explaining that section 939.06 permits reimbursement for witness fees, sheriff

KAYODI WHITLEY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: judgment of not guilty. Pursuant to section 939.06, Florida Statutes (2018), Whitley moved for reimbursement…detained in custody” within the meaning of section 939.06. The supreme court has observed that the concept…concept of “‘taxable costs’ under section 939.06 is circumscribed.” Wolf v. Cty. of Volusia, 703 So. 2d…So. 2d 255, 257 (Fla. 4th DCA 1996). Section 939.06(1) states: A defendant in a criminal prosecution…detained in custody” within the meaning of section 939.06. A defendant awaiting trial who sleeps in his own

Kelly Mathis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-14T23:53:00-08:00

Snippet: Mathis is entitled to costs pursuant to section 939.06, Florida Statutes (2016), and rule 9.400(a). We… claim them. The trial court noted that section 939.06, Florida Statutes, "authorizes the imposition…conviction has become final." Further, section 939.06, Florida Statutes, provides: A defendant…defendant. Thus, article 1, section 19, and section 939.06 authorize the taxing of costs against the State…acquitted or discharged defendant. Section 939.06 applies to Mathis because the State entered a nolle

Daniel J. Diodato v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00

Citation: 150 So. 3d 867, 2014 Fla. App. LEXIS 17911

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

Haines v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-07T00:00:00-08:00

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

Snippet: motion for certification of costs under section 939.06, Florida Statutes. Certification of costs is a …Petitioner must follow the procedure set out in section 939.06, Florida Statutes, by filing a motion for certification…by this clerk or judge" pursuant to section 939.06(1), Florida Statutes. On October 25, 2010, the …against Palm Beach County. Haines appealed. Section 939.06, Florida Statutes, provides as follows: (1) A defendant…right to the refund and the amount of the refund. § 939.06, Fla. Stat. (2010) (emphasis added). A nolle prosequi

In Re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2009-11-19T00:00:00-08:00

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

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

Justice Administrative Commission v. Neighbors

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-02T00:00:00-07:00

Citation: 927 So. 2d 218, 2006 Fla. App. LEXIS 6460

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

In re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2005-04-07T00:00:00-07:00

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

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

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

Court: Fla. | Date Filed: 2004-09-30T00:53:00-07:00

Citation: 887 So. 2d 1090

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

BS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-17T00:53:00-07:00

Citation: 862 So. 2d 15

Snippet: must pay for their subsistence costs. But section 939.06, Florida Statutes (2000), provides that, if an …held that the legislative purpose behind section 939.06 is to protect a criminal defendant from paying

B.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-17T00:00:00-07:00

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

Guerrier v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-23T00:00:00-07:00

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

Snippet: Volusia, 703 So.2d 1033 (Fla.1998) and section 939.06, Florida Statutes. No. 97-2220 District

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

Court: Fla. | Date Filed: 1998-12-03T00:00:00-08:00

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

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

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

Court: Fla. | Date Filed: 1998-04-02T00:00:00-08:00

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

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

Orange County v. Love

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-05T00:00:00-08:00

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

Snippet: counts. On February 1, 1996, pursuant to section 939.06, Love filed a motion in the county court seeking…responsible to reimburse the costs allowed under section 939.06. Accordingly, Orange County appeared at the hearing…which it believes are not taxable under section 939.06. See § 939.08, Fla. Stat. If Love then disagrees…what costs are or are not taxable under section 939.06. That section provides: No defendant in a criminal…view of what costs are reimbursable under section 939.06. See County of Volusia v. Wolf, 672 So.2d 563 (

Williams v. Ergle

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-22T00:53:00-07:00

Citation: 698 So. 2d 1294

Snippet: words can be explained by reference to section 939.06, Florida Statutes, which provides a defendant who…to the long-standing expressed policy of section 939.06. Based on all of the foregoing, we conclude that…detention, it is important to be cognizant of section 939.06, Florida Statutes. Since 1846, this statute has…;taxable costs" reference found in section 939.06's second sentence is linked to the liability… 17, 1997). Thus, it appears clear from section 939.06 that for 150 years, Florida law has contemplated

Wolf v. County of Volusia

Court: Fla. | Date Filed: 1997-04-17T00:00:00-07:00

Citation: 703 So. 2d 1033

Snippet: phrase "taxable costs" under section 939.06, Florida Statutes (1995), to include expenses such…meaning of "taxable costs" under section 939.06 is circumscribed. Common law provided no mechanism…x27;s finding of ambiguity, we find that section 939.06, Florida Statutes (1989), is unequivocal: No defendant… law, shall be refunded to him by the county. § 939.06, Fla.Stat. (1989). Given its plain meaning, the…not embraced within the plain meaning of section 939.06, and the trial court was without authority to impute

State v. Ball

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-05T00:00:00-08:00

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

Snippet: 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)

Court: Fla. | Date Filed: 1996-09-12T00:00:00-07:00

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

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

County of Volusia v. Wolf

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-22T00:00:00-08:00

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

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