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Florida Statute 938.04 | Lawyer Caselaw & Research
F.S. 938.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 938.04

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.04
938.04 Additional cost with respect to criminal fines.In addition to any fine for any criminal offense prescribed by law, including a criminal traffic offense, and in addition to the cost imposed pursuant to the provisions of s. 318.14(10), there is hereby established and created as a court cost an additional 5-percent surcharge thereon which shall be imposed, levied, and collected together with such fine or cost imposed pursuant to s. 318.14(10). The additional court cost created under this section shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund created by s. 960.21.
History.s. 6, ch. 77-452; s. 19, ch. 80-146; s. 2, ch. 82-222; s. 26, ch. 83-214; s. 8, ch. 85-250; s. 5, ch. 97-271; s. 21, ch. 2001-122.
Note.Former s. 960.25.

F.S. 938.04 on Google Scholar

F.S. 938.04 on Casetext

Amendments to 938.04


Arrestable Offenses / Crimes under Fla. Stat. 938.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CHEEKS, v. STATE, 267 So. 3d 577 (Fla. App. Ct. 2019)

. . . discretionary fine pursuant to section 775.083, Florida Statutes, and a surcharge pursuant to section 938.04 . . .

VEREEN, v. STATE, 267 So. 3d 548 (Fla. App. Ct. 2019)

. . . that the court erred in imposing discretionary fines and surcharges pursuant to sections 775.083 and 938.04 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . _, pursuant to section 775.083, Florida Statutes, plus $___ as the 5% surcharge required by section 938.04 . . .

G. ANDERSON, v. STATE, 247 So. 3d 721 (Fla. App. Ct. 2018)

. . . section 775.083 of the Florida Statutes, and the accompanying surcharge assessed pursuant to section 938.04 . . .

HOGLE, v. STATE, 250 So. 3d 178 (Fla. App. Ct. 2018)

. . . $342.86 fine pursuant to section 775.083, as well as a related $17.14 surcharge pursuant to section 938.04 . . . Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the . . .

R. FRENCH, v. STATE, 243 So. 3d 535 (Fla. App. Ct. 2018)

. . . 84 So.3d 424, 425-26 (Fla. 1st DCA 2012) (reversing fines imposed pursuant to sections 775.083 and 938.04 . . .

THOMAS, v. STATE, 236 So. 3d 1159 (Fla. App. Ct. 2018)

. . . discretionary fine pursuant to section 775.083(1), Florida Statutes ; a surcharge pursuant to section 938.04 . . .

T. MURPHY, v. STATE, 227 So. 3d 242 (Fla. Dist. Ct. App. 2017)

. . . fine pursuant to section 775.083, Florida Statutes, and the five percent surcharge pursuant to section 938.04 . . .

COOLER, v. STATE, 224 So. 3d 917 (Fla. Dist. Ct. App. 2017)

. . . the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 and § 938.04 . . .

COOLER, v. STATE, 224 So. 3d 924 (Fla. Dist. Ct. App. 2017)

. . . the trial court’s imposition of discretionary costs and fines of $180 and $10 under § 775.083 and § 938.04 . . .

CANNON, v. STATE, 225 So. 3d 896 (Fla. Dist. Ct. App. 2017)

. . . section 775.083 was discretionary, and because it and its accompanying surcharge pursuant to section 938.04 . . .

SIMMONS, v. STATE, 196 So. 3d 1287 (Fla. Dist. Ct. App. 2016)

. . . of $342.86 pursuant to section 775.083, Florida Statutes, and a $17.14 surcharge pursuant to section 938.04 . . .

DOUGAN, v. L. BRADSHAW,, 198 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . Accordingly, section 938.04, and thus the Administrative Order addressing section 933.04, did not require . . .

MOJICA, v. STATE, 192 So. 3d 1271 (Fla. Dist. Ct. App. 2016)

. . . trial court erred when it imposed a $125.72 fine and $6.28 surcharge under sections 775.083(1) and 938.04 . . .

CARMICHAEL, v. STATE, 192 So. 3d 640 (Fla. Dist. Ct. App. 2016)

. . . $200 fine pursuant to section 775.083(1), Florida Statutes, and a $10 surcharge pursuant to section 938.04 . . . Stat. (2014) (authorizing the imposition of fines); § 938.04, Fla. . . . specific pronouncement at the sentencing hearing and that the surcharge imposed pursuant to section 938.04 . . .

ODOM, v. STATE, 187 So. 3d 324 (Fla. Dist. Ct. App. 2016)

. . . discretionary cost of $342.86 pursuant to section 775.083 and a surcharge of $17.14 pursuant to section 938.04 . . .

S. WILLIAMS, v. STATE, 198 So. 3d 778 (Fla. Dist. Ct. App. 2016)

. . . pursuant to. section 775.083, Florida Statutes (2011), and the five percent surcharge pursuant to section 938.04 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . of $_, pursuant to section 775,083, Florida Statutes, plus $_as the 5% surcharge required by section 938.04 . . .

MILLS, v. STATE, 177 So. 3d 984 (Fla. Dist. Ct. App. 2015)

. . . court erred in imposing a $100 fine together with a $5 surcharge (pursuant to sections 775.083 and 938.04 . . . Because the fine was erroneously imposed, the $5 surcharge imposed pursuant to section 938.04, Florida . . .

FORD, v. STATE, 167 So. 3d 518 (Fla. Dist. Ct. App. 2015)

. . . pursuant to section 775.083, Florida Statutes, and a $52.50 five percent surcharge pursuant to section 938.04 . . . Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the . . .

ABRAKATA, v. STATE, 168 So. 3d 251 (Fla. Dist. Ct. App. 2015)

. . . the imposition of the $195.24 fine and $9.76 surcharge imposed pursuant to sections 775.083(1) and 938.04 . . .

B. TALBOT, v. STATE, 159 So. 3d 365 (Fla. Dist. Ct. App. 2015)

. . . 2009), without an oral pronouncement, (3) imposing a $100 surcharge on the fine pursuant to section 938.04 . . . section 775.083, Florida Statutes (2009), and the surcharges imposed on that fine pursuant to sections 938.04 . . .

PETERSON, v. STATE, 151 So. 3d 562 (Fla. Dist. Ct. App. 2014)

. . . case number 10-356CF imposes a discretionary fine and related surcharge under sections 775.083 and 938.04 . . .

CRAPSER, v. STATE, 148 So. 3d 794 (Fla. Dist. Ct. App. 2014)

. . . to section 775.083(1), Florida Statutes (2007), the associated surcharge of $105 pursuant to section 938.04 . . .

GORDON, v. STATE, 139 So. 3d 958 (Fla. Dist. Ct. App. 2014)

. . . For example, the 5% surcharge imposed on all fines by section 938.04, Florida Statutes (2011), amounts . . .

COLSON, v. STATE, 114 So. 3d 415 (Fla. Dist. Ct. App. 2013)

. . . to section 775.083, Florida Statutes, and an associated five-percent surcharge pursuant to section 938.04 . . . Because the fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount . . .

SHARPE, v. STATE, 115 So. 3d 1021 (Fla. Dist. Ct. App. 2013)

. . . section 775.083, Florida Statutes; a 5 percent surcharge in the amount of $52.50 pursuant to section 938.04 . . .

B. JONES, v. STATE, 107 So. 3d 563 (Fla. Dist. Ct. App. 2013)

. . . a fine under section 775.083(1), Florida Statutes (2010), and the resulting surcharge under section 938.04 . . .

DeSALVO, v. STATE, 107 So. 3d 1185 (Fla. Dist. Ct. App. 2013)

. . . to section 775.083, Florida Statutes (2009), and the related surcharges imposed pursuant to sections 938.04 . . .

J. GILES, v. STATE Of, 103 So. 3d 1058 (Fla. Dist. Ct. App. 2013)

. . . Additionally, “[b]ecause this fine was erroneously imposed, the surcharge under section 938.04, which . . .

CLUSSMAN, v. STATE, 89 So. 3d 1093 (Fla. Dist. Ct. App. 2012)

. . . section 775.083(1), Florida Statutes (2010), and an accompanying $50 surcharge pursuant to section 938.04 . . .

S. LAMOREAUX, v. STATE, 88 So. 3d 379 (Fla. Dist. Ct. App. 2012)

. . . section 775.083, Florida Statutes (2010); $26.25 as the five percent surcharge required by section 938.04 . . . offense prescribed by law, the trial court must also impose a five percent surcharge on the fíne. § 938.04 . . .

L. NIX, v. STATE, 84 So. 3d 424 (Fla. Dist. Ct. App. 2012)

. . . to section 775.083(1), Florida Statutes, and the associated surcharge of $52.50 pursuant to section 938.04 . . . Because this fine was erroneously imposed, the surcharge under section 938.04, which is based on the . . .

S. MALLORY, v. STATE, 70 So. 3d 738 (Fla. Dist. Ct. App. 2011)

. . . section 775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section 938.04 . . .

L. PULLAM, v. STATE, 55 So. 3d 674 (Fla. Dist. Ct. App. 2011)

. . . The written judgment for fines and costs also includes a $10 surcharge under section 938.04, Florida . . . Section 938.04(1) authorizes a five percent surcharge on “any fine for any criminal offense prescribed . . .

BRYANT, Jr. v. STATE, 47 So. 3d 952 (Fla. Dist. Ct. App. 2010)

. . . includes an additional five percent surcharge on the $500 fine in the amount of $25, pursuant to section 938.04 . . .

ALTMAN, v. STATE, 36 So. 3d 894 (Fla. Dist. Ct. App. 2010)

. . . enter a corrected written sentence reflecting that the $2,500 surcharge was imposed pursuant to section 938.04 . . .

In AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT, 24 So. 3d 176 (Fla. 2009)

. . . victims-of-crimes compensation costs and surcharges pursuant tounder sections 960.20 and--960^5938.03 and 938.04 . . .

GONSE, v. STATE, 952 So. 2d 555 (Fla. Dist. Ct. App. 2007)

. . . .” § 938.04, Fla. Stat. (2004). . . .

DADDS, v. STATE, 946 So. 2d 1129 (Fla. Dist. Ct. App. 2006)

. . . the trial court pronounced no statutory basis for the imposition of a $500 fine other than section 938.04 . . .

SANCHEZ, v. STATE, 886 So. 2d 1082 (Fla. Dist. Ct. App. 2004)

. . . sentencing documents for counts I and II to reflect that the costs were imposed pursuant to section 938.04 . . .