Florida Statute 938.4 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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 CourtListener

Amendments to 938.04

Annotations, Discussions, Cases:

Cases Citing Statute 938.04

Total Results: 52

Nix v. State

84 So. 3d 424, 2012 WL 1070000, 2012 Fla. App. LEXIS 5007

District Court of Appeal of Florida | Filed: Apr 2, 2012 | Docket: 2412819

Cited 46 times | Published

associated surcharge of $52.50 pursuant to section 938.04, Florida Statutes. The fine authorized by section

Mills v. State

177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808

District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258

Cited 9 times | Published

imposed, the $5 surcharge imposed pursuant to section 938.04, Florida Statutes, must likewise be reversed

Pullam v. State

55 So. 3d 674, 2011 Fla. App. LEXIS 2215, 2011 WL 589928

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 2525847

Cited 8 times | Published

and costs also includes a $10 surcharge under section 938.04, Florida Statutes (2009), and a $20 court cost

Gordon v. State

139 So. 3d 958, 2014 WL 2722762, 2014 Fla. App. LEXIS 8689

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241252

Cited 6 times | Published

example, the 5% surcharge imposed on all fines by section 938.04, Florida Statutes (2011), amounts to $25,000

Dadds v. State

946 So. 2d 1129, 2006 WL 3687106

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 1771848

Cited 6 times | Published

for the imposition of a $500 fine other than section 938.04, Florida Statutes (2004), that addresses the

Dougan v. Bradshaw

198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256504

Cited 3 times | Published

n. 6 (M.D.Fla. July 16, 2010). Accordingly, section 938.04, and thus the Administrative Order addressing

Clussman v. State

89 So. 3d 1093, 2012 WL 2122700, 2012 Fla. App. LEXIS 9465

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308544

Cited 3 times | Published

and an accompanying $50 surcharge pursuant to section 938.04, Florida Statutes (2010), in each case. Fines

Mallory v. State

70 So. 3d 738, 2011 Fla. App. LEXIS 15031, 2011 WL 4398535

District Court of Appeal of Florida | Filed: Sep 22, 2011 | Docket: 1314964

Cited 3 times | Published

surcharge in the amount of $105 pursuant to section 938.04, Florida Statutes (2009); and a $20 court cost

Jon Paul Hogle v. State of Florida

250 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143

Cited 2 times | Published

well as a related $17.14 surcharge pursuant to section 938.04. Because the court imposed these as part of

Bryant v. State

47 So. 3d 952, 2010 Fla. App. LEXIS 17642, 2010 WL 4630845

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2399823

Cited 2 times | Published

$500 fine in the amount of $25, pursuant to section 938.04, Florida Statutes (2007). Because the $500

Gonse v. State

952 So. 2d 555, 2007 WL 188415

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1703492

Cited 2 times | Published

fine for any criminal offense prescribed by law." § 938.04, Fla. Stat. (2004). Gonse raises two other claims

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

plus $___ as the 5% surcharge required by section 938.04, Florida Statutes. ___ The defendant is

Thomas v. State

236 So. 3d 1159

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64672598

Cited 1 times | Published

Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office

Murphy v. State

227 So. 3d 242, 2017 WL 4526774

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 60276805

Cited 1 times | Published

and the five percent surcharge pursuant to section 938.04. This fine and surcharge must be individually

Carmichael v. State

192 So. 3d 640, 2016 WL 3030837, 2016 Fla. App. LEXIS 8144

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255375

Cited 1 times | Published

Florida Statutes, and a $10 surcharge pursuant to section 938.04, Florida Statutes, without giving Appellant

Williams v. State

198 So. 3d 778, 2016 Fla. App. LEXIS 3030, 2016 WL 805153

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040724

Cited 1 times | Published

and the five percent surcharge pursuant to section 938.04, Florida Statutes (2011), totaling $333. We

Colson v. State

114 So. 3d 415, 2013 WL 2360939, 2013 Fla. App. LEXIS 8569

District Court of Appeal of Florida | Filed: May 30, 2013 | Docket: 60231915

Cited 1 times | Published

associated five-percent surcharge2 pursuant to section 938.04, Florida Statutes. As the fine was discretionary

Sharpe v. State

115 So. 3d 1021, 2013 WL 2232316, 2013 Fla. App. LEXIS 8219

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60232050

Cited 1 times | Published

surcharge in the amount of $52.50 pursuant to section 938.04, Florida Statutes; and a $20 court cost pursuant

Giles v. State

103 So. 3d 1058, 2013 Fla. App. LEXIS 337, 38 Fla. L. Weekly Fed. D 121

District Court of Appeal of Florida | Filed: Jan 10, 2013 | Docket: 60226873

Cited 1 times | Published

was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must

Lamoreaux v. State

88 So. 3d 379, 2012 WL 1673263, 2012 Fla. App. LEXIS 7545

District Court of Appeal of Florida | Filed: May 15, 2012 | Docket: 60308267

Cited 1 times | Published

25 as the five percent surcharge required by section 938.04, Florida Statutes (2010); and $420.00 in mandatory

Paul Allen Davis v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276453

Published

135(1)(f)1.a., Florida Statutes (2021), and section 938.04, Florida Statutes (2021), respectively.

Williams v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260104

Published

surcharge on his fine, statutorily mandated by section 938.04, Florida Statutes. We affirm the sentencing

Swist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 24, 2025 | Docket: 69573580

Published

$6.28 fine surcharge [imposed] pursuant to section 938.04[, Florida Statutes]." On appeal

Glaubius v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514564

Published

court erred in imposing a $100 surcharge under section 938.04, Florida Statutes (2021), for the 3

Nickeous Lamont Jenkins v. State of Florida

District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69463635

Published

surcharge on the $250.00 fine, pursuant to section 938.04, Florida Statutes. The trial court did not

Jordan Cayne Hutchinson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171509

Published

Statutes; the accompanying $10 surcharge under section 938.04, Florida Statutes; and the discretionary public

Timothy Lee Farris v. State of Florida

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929096

Published

related $17.14 surcharge imposed pursuant to section 938.04, Florida Statutes, because the court imposed

CLARENCE F. STEPHENSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67601167

Published

“shall be ordered to pay a fine of $100,000”); and § 938.04, Fla. Stat. (2018) (“In addition to any fine for

ROBERDD DOUCHARD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833840

Published

fine pursuant to the mandatory provision of section 938.04, Florida Statutes (2022). Section 948.03(1)(j)

LINDA WEINREBER BARKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879523

Published

applying a five percent surcharge, pursuant to section 938.04, Florida Statutes (2021), when the trial court

Dalton Dooly v. State of Florida

District Court of Appeal of Florida | Filed: Sep 24, 2020 | Docket: 18471187

Published

Florida Statutes, and a related surcharge under section 938.04, Florida Statutes, without giving him adequate

James Farrell Davis Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2019 | Docket: 16049255

Published

Florida Statutes, and a surcharge of $17.14 under section 938.04, Florida Statutes. Because these are discretionary

Kenyanna Racquel Cheeks v. State of Florida

267 So. 3d 577

District Court of Appeal of Florida | Filed: Apr 9, 2019 | Docket: 14900233

Published

Florida Statutes, and a surcharge pursuant to section 938.04, Florida Statutes. We reject the first two

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant

William G. Anderson v. State of Florida

247 So. 3d 721

District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7405583

Published

accompanying surcharge assessed pursuant to section 938.04. Carmichael v. State, 192 So. 3d 640, 640 (Fla

Glynn T. Murphy v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6182901

Published

and the five percent surcharge pursuant to section 938.04. This fine and surcharge must be individually

Cooler v. State

224 So. 3d 924, 2017 Fla. App. LEXIS 12246, 2017 WL 3686784

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 60271792

Published

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial courts

Cooler v. State

224 So. 3d 917, 2017 Fla. App. LEXIS 12244, 2017 WL 3686570

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 60271790

Published

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial courts

Shawn Demontrn Cooler v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144130

Published

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial

Shawn Demontrn Cooler v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144129

Published

and fines of $180 and $10 under § 775.083 and § 938.04, Florida Statutes. We have held that trial

Cannon v. State

225 So. 3d 896, 2017 WL 3080338

District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 60274125

Published

and its accompanying surcharge pursuant to section 938.04 were not specifically announced during the

Gerald Wayne Simmons v. State of Florida

196 So. 3d 1287, 2016 Fla. App. LEXIS 12354, 2016 WL 4362379

District Court of Appeal of Florida | Filed: Aug 16, 2016 | Docket: 4120638

Published

Statutes, and a $17.14 surcharge pursuant to section 938.04, Florida Statutes. At sentencing, however,

Jeremy James Odom v. State of Florida

187 So. 3d 324

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046121

Published

775.083 and a surcharge of $17.14 pursuant to section 938.04. However, at sentencing, the trial court merely

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

$ as the 5% surcharge required by section 938.04, Florida Statutes. . The defendant is

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

$ as the 5% surcharge required by section 938.04, Florida Statutes. . The defendant is

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

$_as the 5% surcharge required by section 938.04, Florida Statutes. _ The defendant is

Cortez Ford v. State of Florida

167 So. 3d 518, 2015 Fla. App. LEXIS 9956, 2015 WL 3986155

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2670574

Published

a $52.50 five percent surcharge pursuant to section 938.04. The fine authorized by section 775.083(1)

Robert B. Talbot v. State of Florida

159 So. 3d 365

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2641085

Published

imposing a $100 surcharge on the fine pursuant to section 938.04, (4) imposing a $20 surcharge on the fine pursuant

Eric Michael Crapser v. State of Florida

148 So. 3d 794

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311328

Published

the associated surcharge of $105 pursuant to section 938.04, Florida Statutes (2007), and the $20 cost

Jones v. State

107 So. 3d 563, 2013 WL 709767, 2013 Fla. App. LEXIS 3214

District Court of Appeal of Florida | Filed: Feb 28, 2013 | Docket: 60228766

Published

Statutes (2010), and the resulting surcharge under section 938.04, Florida Statutes (2010). Because the trial

Altman v. State

36 So. 3d 894, 2010 Fla. App. LEXIS 8193, 2010 WL 2292103

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 60294505

Published

the $2,500 surcharge was imposed pursuant to section 938.04, Florida Statutes (2007), and that the $50

Sanchez v. State

886 So. 2d 1082, 2004 Fla. App. LEXIS 18132, 2004 WL 2722813

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 64834221

Published

reflect that the costs were imposed pursuant to section 938.04 Florida Statutes (1999), instead of section