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Florida Statute 939.185 | Lawyer Caselaw & Research
F.S. 939.185 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 939
COSTS
View Entire Chapter
F.S. 939.185
939.185 Assessment of additional court costs and surcharges.
(1)(a) The board of county commissioners may adopt by ordinance an additional court cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Such additional assessment shall be accounted for separately by the county in which the offense occurred and be used only in the county imposing this cost, to be allocated as follows:
1. Twenty-five percent of the amount collected shall be allocated to fund innovations, as determined by the chief judge of the circuit, to supplement state funding for the elements of the state courts system identified in s. 29.004 and county funding for local requirements under s. 29.008(2)(a)2.
2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under s. 29.008(3)(a).
3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library.
4. Twenty-five percent of the amount collected shall be used as determined by the board of county commissioners to support teen court programs, except as provided in s. 938.19(7), juvenile assessment centers, and other juvenile alternative programs.

Each county receiving funds under this section shall report the amount of funds collected pursuant to this section and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.

(b) In addition to the court costs imposed under paragraph (a) and any other cost, fine, or penalty imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, and which is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, which is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge in the amount of $85 to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk’s fine and forfeiture fund under s. 142.01. Proceeds from the imposition of the surcharge authorized in this paragraph shall not be used for the purpose of securing payment of the principal and interest on bonds.
(c) The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs authorized in this chapter, restitution or other compensation to victims, and child support payments.
(d) The clerk of court shall cause a certified copy of the court order imposing such costs to be recorded in the public records. Such record constitutes a lien against the person upon whom the costs are imposed and shall attach as a lien on any real property owned by such person located in the county in which such order is recorded in the same manner and to the same extent as a judgment recorded as provided in s. 55.10. Such order shall attach as a lien on any personal property owned by such person located in the state upon the filing with the Department of State of a judgment lien certificate regarding such order as provided in ss. 55.202-55.209. A lien created under this paragraph does not attach to, or make subject to execution of levy or foreclosure, any real or personal property otherwise exempt under s. 4, Art. X of the State Constitution. A lien created under this paragraph is enforceable in the same manner as provided by law.
(2) The court shall order a person to pay the additional court cost. If the person is determined to be indigent, the clerk shall defer payment of this cost.
History.s. 88, ch. 2004-265; ss. 63, 72, ch. 2005-236; s. 3, ch. 2007-71; s. 14, ch. 2009-61; s. 10, ch. 2009-215; s. 35, ch. 2010-162.

F.S. 939.185 on Google Scholar

F.S. 939.185 on Casetext

Amendments to 939.185


Arrestable Offenses / Crimes under Fla. Stat. 939.185
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 939.185.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BYRD, v. STATE, 272 So. 3d 1289 (Fla. App. Ct. 2019)

. . . Next, the trial court imposed a $ 65 cost pursuant to section 939.185, Florida Statutes, without including . . .

WALL, v. STATE, 264 So. 3d 248 (Fla. App. Ct. 2019)

. . . the trial court to cite the applicable county ordinance for a $65 fine imposed pursuant to section 939.185 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . adjudicated delinquent and the child is required to pay $.........., an Aadditional cost, under section 939.185 . . .

MCCANN, v. STATE, 249 So. 3d 792 (Fla. App. Ct. 2018)

. . . with McCann's contention that the trial court erred in imposing a $65 assessment pursuant to section 939.185 . . .

CHAVIS, v. STATE, 247 So. 3d 9 (Fla. App. Ct. 2018)

. . . the applicable county ordinance supporting the imposition of a $65 assessment, pursuant to section 939.185 . . . cost was $65 for "ADDITIONAL COSTS (BOCC)-PROGRAMS Mandatory with Ordinance ," pursuant to section 939.185 . . . Section 939.185(1)(a) provides that the "board of county commissioners may adopt by ordinance an additional . . . First District has remanded a case for citation to the appropriate ordinance for costs under section 939.185 . . .

K. M. a v. STATE, 233 So. 3d 1205 (Fla. Dist. Ct. App. 2017)

. . . in the amount of $218, which included a $65 assessment for “[additional] court costs” under section 939.185 . . . Second, KM. argues that section 939.185(l)(a) authorizes the imposition of a $65 additional court cost . . . second issue on appeal, the juvenile court erred in imposing a $65 additional court cost under section 939.185 . . . Section 939.185(l)(a), Florida Statutes (2016) mirrors section 939.185(l)(a>, Florida Statutes (2015) . . .

H. S. a v. STATE, 229 So. 3d 423 (Fla. Dist. Ct. App. 2017)

. . . Because section 939.185(l)(a) of the Florida Statutes (2015) does not authorize a Florida county to adopt . . . additional court cost in accordance with Miami-Dade-County Ordinance 04-116, adopted pursuant to section 939.185 . . . While section 939.185(l)(a) does authorize Florida counties to adopt an ordinance imposing an additional . . . adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense ...§ 939.185 . . . The Miami-Dade County Ordinance implementing section 939.185(l)(a) is broader than the statute as to . . .

F. F. a v. STATE, 218 So. 3d 455 (Fla. Dist. Ct. App. 2017)

. . . 333, 335 (Fla. 2d DCA 2010) (‘We note that effective July 1, 2007, the legislature amended section 939.185 . . .

CARTER, v. STATE, 173 So. 3d 1048 (Fla. Dist. Ct. App. 2015)

. . . Next, the trial court imposed a $65 cost pursuant to section 939.185, Florida Statutes, but failed to . . .

STRICKLAND, v. STATE, 135 So. 3d 348 (Fla. Dist. Ct. App. 2013)

. . . cites a non-existent statute, section 938.185, Florida Statutes, which should be changed to “section 939.185 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . has been adjudicated delinquent and the child is required to pay $.an Additional cost, under section 939.185 . . .

C. OGDEN, v. STATE, 117 So. 3d 479 (Fla. Dist. Ct. App. 2013)

. . . the court erred in imposing certain costs without orally pronouncing them: a $65 cost under section 939.185 . . . The cost imposed under section 939.185(l)(a) and the local ordinance implementing it may stand, as it . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . has been adjudicated delinquent and the child is required to pav $.an additional cost, under section 939.185 . . .

W. A. a v. STATE, 60 So. 3d 510 (Fla. Dist. Ct. App. 2011)

. . . Florida Statutes, $65 additional court costs and $85 temporary criminal surcharge pursuant to section 939.185 . . .

DE LA FUENTE, v. STATE, 58 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . 938.27(1), Judgment for Costs on Conviction; (includes prosecution/investigative costs); and 6) Section 939.185 . . .

S. F. a v. STATE, 56 So. 3d 116 (Fla. Dist. Ct. App. 2011)

. . . neither the $65 additional court cost nor the $85 temporary criminal surcharge authorized by Section 939.185 . . .

R. F. v. STATE, 42 So. 3d 333 (Fla. Dist. Ct. App. 2010)

. . . With respect to costs under section 939.185, Florida Statutes (2007), R.F. correctly points out that . . . State, 949 So.2d 290, 293 (Fla. 5th DCA 2007), for the proposition that section 939.185 does not apply . . . We note that effective July 1, 2007, the legislature amended section 939.185 to apply specifically to . . . See § 939.185(1)(a). Thus, section 939.185 is not applicable to R.F.’s case. . . . To the extent that the order imposes costs under section 939.185, we reverse and direct the trial court . . .

J. W. J. a v. STATE, 994 So. 2d 1223 (Fla. Dist. Ct. App. 2008)

. . . However, as to the $65.00 in costs authorized by section 939.185(l)(a), Florida Statutes (2007), the . . .

LOVE, v. STATE, 992 So. 2d 823 (Fla. Dist. Ct. App. 2008)

. . . The trial court imposed a $48.75 cost pursuant to section 939.185, Florida Statutes (2004), which did . . . 980 So.2d 1035 (Fla.2008), the Florida Supreme Court upheld the retroactive application of section 939.185 . . .

M. BROADNAX, v. STATE, 987 So. 2d 160 (Fla. Dist. Ct. App. 2008)

. . . stricken because the offense occurred before the effective dates of the authorizing statutes, sections 939.185 . . . As to the $50 cost, the supreme court has held that retroactive application of section 939.185, Florida . . .

JONES, v. STATE, 988 So. 2d 15 (Fla. Dist. Ct. App. 2008)

. . . Jones also challenges the $65 cost imposed under section 939.185, Florida Statutes (2004); however, we . . .

GRIFFIN, v. STATE, 980 So. 2d 1035 (Fla. 2008)

. . . but only to the extent that it reversed the imposition of costs pursuant to the provisions of section 939.185 . . . The limited issue we address is whether costs may be assessed under section 939.185 when that statute . . . own: Appellant challenges the trial court’s retroactive application of the cost provisions of section 939.185 . . . Coincidentally, on that same date, section 939.185, Florida Statutes (2004), became effective. . . . Applying these principles to section 939.185, Florida Statutes, the statute meets the first prong of . . .

WATTS, v. STATE, 973 So. 2d 1271 (Fla. Dist. Ct. App. 2008)

. . . Watts argues that the trial court erred in imposing a $65 county court cost pursuant to section 939.185 . . .

IRVIN, v. STATE, 973 So. 2d 576 (Fla. Dist. Ct. App. 2008)

. . . The charges, fees, and costs order imposes a cost of $65 pursuant to section 939.185, Florida Statutes . . . As stated in Griffin, section 939.185 was enacted effective July 1, 2004. . . . date of the statute, the trial court lacked authority to impose the $65 cost authorized by section 939.185 . . .

MARSH, v. STATE, 965 So. 2d 1284 (Fla. Dist. Ct. App. 2007)

. . . Marsh challenges the trial court’s order imposing a $65 cost “pursuant to F.S. 939.185(1).” . . . Section 939.185 became effective on July 1, 2004, ch.2004-265, § 88, at 1022-23, Laws of Fla., and is . . . Accordingly, we strike the $65 court cost imposed pursuant to section 939.185(1) and the $50 cost imposed . . .

CLARK, v. STATE, 963 So. 2d 911 (Fla. Dist. Ct. App. 2007)

. . . Statutes (creating a surcharge to fund rape crisis centers), and a court cost of $65 imposed under section 939.185 . . . Section 939.185 became effective on July 1, 2004. See ch.2004-265, §§ 88, 109, Laws of Fla. . . . State, 892 So.2d 538 (Fla. 1st DCA 2005) (concluding that imposing the cost required by section 939.185 . . .

K. L. J. a v. STATE, 963 So. 2d 316 (Fla. Dist. Ct. App. 2007)

. . . Commitment, in all respects except for that part imposing court costs of $65.00 pursuant to section 939.185 . . .

D. S. A v. STATE, 963 So. 2d 316 (Fla. Dist. Ct. App. 2007)

. . . Commitment, in all respects except for that part imposing court costs of $65.00 pursuant to section 939.185 . . .

T. HOLLOWAY, v. STATE, 962 So. 2d 383 (Fla. Dist. Ct. App. 2007)

. . . We strike the $65 “Criminal Ordinance Program” fee imposed pursuant to section 939.185, Florida Statutes . . .

DENEGALL, v. STATE, 975 So. 2d 505 (Fla. Dist. Ct. App. 2007)

. . . This list of statutes included sections 939.185(1)(a) and 775.083(2), Florida Statutes (2004). . . . With regard to section 939.185(1)(a), this court noted in Griffin v. . . . Therefore, we remand for the trial court to strike $65 of the $370 cost imposed pursuant to section 939.185 . . . remand for the trial court to strike from the monetary obligation order the imposition of the section 939.185 . . .

MITCHELL, v. STATE, 954 So. 2d 1263 (Fla. Dist. Ct. App. 2007)

. . . We also agree that because section 939.185(l)(a), Florida Statutes, was not in effect at the time Mitchell . . .

PIPKIN, v. STATE, 949 So. 2d 361 (Fla. Dist. Ct. App. 2007)

. . . The State agrees that the costs imposed pursuant to sections 775.083(2) and 939.185(l)(a), Florida Statutes . . .

A. P. M. A v. STATE, 948 So. 2d 961 (Fla. Dist. Ct. App. 2007)

. . . Appellant contends the trial court erred by imposing a $65 cost pursuant to section 939.185, Florida . . .

T. L. S. a v. STATE, 949 So. 2d 290 (Fla. Dist. Ct. App. 2007)

. . . imposed costs under section 775.083(2), Florida Statutes (2005), in the amount of $20, and section 939.185 . . . V.K.E., we must determine whether there is a clear legislative mandate to have sections 775.083(2) and 939.185 . . . T.L.S. also contends that the trial court erred in imposing the $65 cost pursuant to section 939.185, . . . found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state. § 939.185 . . . A plain reading of the statute indicates that the $65 cost pursuant to section 939.185(l)(a) is not intended . . .

GRIFFIN, v. STATE, 946 So. 2d 610 (Fla. Dist. Ct. App. 2007)

. . . November 2004, the costs the court imposed included, among other items, a $65 cost' pursuant to section 939.185 . . . Section 939.185 was enacted effective July 1, 2004, see ch.2004-265, §§ 88, 109, Laws of Fla., and section . . . State, 939 So.2d 224 (Fla. 2d DCA 2006) (involving sections 775.083(2) and 939.185, Florida Statutes . . . The First District specifically decided that imposing the cost required by section 939.185 on a defendant . . . precedent in Cutwright and remand for the circuit court to strike the $65 cost pursuant to section 939.185 . . .

JOHNSON, v. STATE, 944 So. 2d 474 (Fla. Dist. Ct. App. 2006)

. . . . § 939.185 (2006). . . . .

K. NAVICKY, v. STATE, 949 So. 2d 1047 (Fla. Dist. Ct. App. 2006)

. . . Navicky also complains that the court improperly taxed him with a cost pursuant to section 939.185, Florida . . . Accordingly, we strike the $65 court cost imposed pursuant to section 939.185, and remand to the circuit . . .

GONZALEZ, v. STATE, 939 So. 2d 224 (Fla. Dist. Ct. App. 2006)

. . . fines as mandatory costs in accordance with section 775.083(2), Florida Statutes (2004), and section 939.185 . . . It replaced this section, effective the same day, with section 939.185. . . .

S. V. S. a v. STATE, 936 So. 2d 769 (Fla. Dist. Ct. App. 2006)

. . . appealed disposition order in all respects except for the imposition of a $65 cost pursuant to section 939.185 . . .

M. D. J. a v. STATE, 936 So. 2d 774 (Fla. Dist. Ct. App. 2006)

. . . We strike the assessment of the fine set forth in section 939.185, Florida Statutes (2005), as it has . . .

CUTWRIGHT, v. STATE, 934 So. 2d 667 (Fla. Dist. Ct. App. 2006)

. . . $151 cost pursuant to section 938.085, Florida- Statutes (2004), and a $65 cost pursuant to section 939.185 . . . Section 939.185 did not become effective until July 1, 2004. See ch. 2004-265, § 88, Laws of Fla. . . . We therefore strike the costs imposed pursuant to sections 938.085 and 939.185. . . .

REDILLA, Jr. v. STATE, 929 So. 2d 613 (Fla. Dist. Ct. App. 2006)

. . . to section 775.083, Florida Statutes (2004), and the additional $65 court cost, pursuant to section 939.185 . . .

O. NELSON, v. STATE, 913 So. 2d 1250 (Fla. Dist. Ct. App. 2005)

. . . Fla. 2d DCA 2005) (en banc), this statute was repealed in 2004 and was apparently replaced by section 939.185 . . . The holding in this case does not apply to costs imposed pursuant to section 939.185 for offenses committed . . .

E. J. v. STATE, 912 So. 2d 382 (Fla. Dist. Ct. App. 2005)

. . . amended and the provision for the imposition of juvenile assessment center costs was moved to section 939.185 . . . ; section 939.185 does not contain the language of imposing the cost on those adjudicated delinquent. . . .

WALLER, v. STATE, 911 So. 2d 226 (Fla. Dist. Ct. App. 2005)

. . . Section 939.185 appears to have replaced this section. . . . The holding in this section of this opinion will not apply to costs imposed under section 939.185 for . . .

J. RIDGEWAY, v. STATE, 892 So. 2d 538 (Fla. Dist. Ct. App. 2005)

. . . Appellant challenges the trial court’s retroactive application of the cost provisions of section 939.185 . . . Coincidentally, on that same date, section 939.185, Florida Statutes (2004), became effective. . . . Applying these principles to section 939.185, Florida Statutes, the statute meets the first prong of . . . Section 939.185, Florida Statutes (2004), is not self-executing, and it places discretion in county boards . . .