Florida Statute 938.19 - 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. 938.19

938.19 Teen courts.—

(1) Notwithstanding s. 318.121, in each county in which a teen court has been created, the board of county commissioners may adopt a mandatory court cost to be assessed in specific cases by incorporating by reference the provisions of this section in a county ordinance. Assessments collected by the clerk of the circuit court under this section shall be deposited into an account specifically for the operation and administration of the teen court.

(2) A sum of up to $3 shall be assessed as a court cost in the circuit and county court in the county against each person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act, or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of chapter 316. Any person whose adjudication is withheld under s. 318.14(9) or (10) shall also be assessed the cost.

(3) The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with ss. 316.660 and 318.21. The assessment shall be specifically added to any civil penalty paid for a violation of chapter 316, regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws.

(4)(a) The clerk of the circuit court shall collect the assessments for court costs established in this section and shall remit the assessments to the teen court monthly.

(b) The clerk of the circuit court shall withhold 5 percent of the assessments collected, which shall be retained as fee income of the office of the clerk of the circuit court.

(5) A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners.

(6) A teen court may be administered by a nonprofit organization, a law enforcement agency, the court administrator, the clerk of the court, or another similar agency authorized by the board of county commissioners.

(7) A teen court administered in a county that adopts an ordinance to assess court costs under this section may not receive court costs collected under s. 939.185(1)(a)4.

History.—s. 2, ch. 96-382; s. 46, ch. 97-238; s. 16, ch. 97-271; s. 2, ch. 98-207; s. 126, ch. 2003-402; s. 71, ch. 2005-236; s. 2, ch. 2007-71.

Note.—Former s. 39.019.

F.S. 938.19 on Google Scholar

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Amendments to 938.19

Annotations, Discussions, Cases:

Cases Citing Statute 938.19

Total Results: 26

Ayoub v. State

901 So. 2d 311, 2005 WL 1025960

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1216237

Cited 13 times | Published

We note that the cost orders properly cite section 938.19 as the statutory authority for this cost. The

JWJ v. State

994 So. 2d 1223, 2008 WL 4899179

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931

Cited 5 times | Published

delinquent act; and $3.00 is authorized by section 938.19(2), Florida Statutes (2007), which expressly

Lang v. State

856 So. 2d 1105, 2003 WL 22399538

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1298028

Cited 5 times | Published

has enacted a county ordinance referencing section 938.19, Florida Statutes (2001), and "adopt[ing] a

Swift v. State

53 So. 3d 394, 2011 Fla. App. LEXIS 1560, 2011 WL 478726

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298103

Cited 3 times | Published

as to the $3 fee to “Teen Court Fund” under section 938.19, we affirm the assessment but remand for the

EJ v. State

912 So. 2d 382, 2005 WL 2654943

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1755562

Cited 3 times | Published

imposition of a $3 cost for teen court because section 938.19, Florida Statutes (2003), does not apply to

F.F. v. State

218 So. 3d 455, 2017 WL 1401465, 2017 Fla. App. LEXIS 5365

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60266210

Cited 2 times | Published

discussion. On the second argument, we reverse. Section 938.19, Florida Statutes (2015), states, in pertinent

J.W.J. v. State

994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851

Cited 1 times | Published

delinquent act; and $3.00 is authorized by section 938.19(2), Florida Statutes (2007), which expressly

Stewart v. State

906 So. 2d 1128, 2005 WL 1345288

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1775575

Cited 1 times | Published

challenges the $3 teen court fee imposed pursuant to section 938.19, Florida Statutes (2002), because the trial

Gregory Joseph Settle v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2025 | Docket: 69689754

Published

State, 957 So. 2d 600, 603 (Fla. 2007); see also § 938.19(2), Fla. Stat. (2023). AFFIRMED and REMANDED

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

Court cost and service charge, under section 938.19, Florida Statutes (if authorized by

CHITREKHA RAMSARAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698558

Published

additional $3. The State, however, has shown that section 938.19(2), Florida Statutes (2021), provides for the

H. R. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 15, 2019 | Docket: 16472140

Published

assessment for teen court imposed pursuant to section 938.19(2), Florida Statutes (2017), and Polk County

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

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

the Teen Court cost and service charge, under section 938.19, Florida Statutes (if authorized by county

H.S. v. State

229 So. 3d 423

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 60281700

Published

penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency

H.S. v. State

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163540

Published

penalty would exceed the penalty imposed by section 938.19(2), which requires an adjudication of delinquency

C.C. v. State

127 So. 3d 685, 2013 WL 6082572, 2013 Fla. App. LEXIS 18400

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236805

Published

of the $2 teen court fee was unauthorized. Section 938.19(l)-(2), Florida Statutes (2011), provides that

In re Amendments to the Florida Rules of Juvenile Procedure

123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

Statutes; . pay $. the Teen Court cost, under section 938.19, Florida Statutes (if authorized by county

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

Statutes: . pay $.the Teen Court cost, under section 938.19. Florida Statutes (if authorized by county

S.F. v. State

56 So. 3d 116, 2011 Fla. App. LEXIS 3156, 2011 WL 799745

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298510

Published

also true as to the $3 teen courts fee, see section 938.19, Florida Statutes (2009), which also fails

WB v. State

37 So. 3d 990, 2010 WL 2634429

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 2513339

Published

authority for the $3 "Teen Court fee" under section 938.19, Florida Statutes (2008), in accordance with

W.B. v. State

37 So. 3d 990, 2010 Fla. App. LEXIS 9767

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 60294546

Published

authority for the $3 “Teen Court fee” under section 938.19, Florida Statutes (2008), in accordance with

Williams v. State

916 So. 2d 999, 2005 WL 3556027

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 2007081

Published

order struck a $3 cost for the teen court under section 938.19, Florida Statutes (2002), and the State has

E.J. v. State

912 So. 2d 382, 2005 Fla. App. LEXIS 16586

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 64840617

Published

imposition of a $3 cost for teen court because section 938.19, Florida Statutes (2003), does not apply to

Ago

Florida Attorney General Reports | Filed: Jan 23, 2002 | Docket: 3255236

Published

from the $3 court cost assessed pursuant to section 938.19, Florida Statutes, for the operation and administration

Ago

Florida Attorney General Reports | Filed: Jun 8, 2001 | Docket: 3257639

Published

offenses for which the $3 assessment authorized by section 938.19, Florida Statutes, may be imposed? 2. May the

Carmona v. State

375 So. 2d 352, 1979 Fla. App. LEXIS 21237

District Court of Appeal of Florida | Filed: Oct 2, 1979 | Docket: 64572045

Published

PER CURIAM. Affirmed. § 938.19, Fla.Stat. (1977); State v. Bastardo, 347 So.2d 463 (Fla. 2d DCA 1977);