Florida Statute 939.185 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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F.S. 939.185 on CourtListener

Amendments to 939.185

Annotations, Discussions, Cases:

Cases Citing Statute 939.185

Total Results: 66

Griffin v. State

946 So. 2d 610, 2007 WL 28253

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1771252

Cited 16 times | Published

among other items, a $65 cost pursuant to section 939.185, Florida Statutes (2004), and costs of $2 and

Griffin v. State

980 So. 2d 1035, 2008 WL 961022

Supreme Court of Florida | Filed: Apr 10, 2008 | Docket: 1736213

Cited 14 times | Published

imposition of costs pursuant to the provisions of section 939.185, Florida Statutes (2004). The limited issue

Ogden v. State

117 So. 3d 479, 2013 WL 3778918, 2013 Fla. App. LEXIS 11510

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60232688

Cited 11 times | Published

orally pronouncing them: a $65 cost under section 939.185(l)(a), Florida Statutes (2010), in both cases;

Waller v. State

911 So. 2d 226, 2005 WL 2372069

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1528779

Cited 11 times | Published

repealed in 2004. See ch.2004-265, Laws of Fla. Section 939.185 appears to have replaced this section. Effective

JAMIN CHAVIS v. STATE OF FLORIDA

247 So. 3d 9

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716317

Cited 9 times | Published

imposition of a $65 assessment, pursuant to section 939.185, Florida Statutes (2016). In response to

TLS v. State

949 So. 2d 290, 2007 WL 419339

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1375256

Cited 8 times | Published

Statutes (2005), in the amount of $20, and section 939.185(1)(a), Florida Statutes (2005), in the amount

RF v. State

42 So. 3d 333, 2010 WL 3239000

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1647467

Cited 6 times | Published

costs in the written order that reads "$____ F.S. 939.185" and that the statute does not apply to juvenile

Johnson v. State

944 So. 2d 474, 2006 WL 3422148

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1155077

Cited 6 times | Published

CFF ("Capital Facilities Fund"). See Fla. Stat. § 939.185 (2006). [2] Upon remand, Johnson will have thirty

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

However, as to the $65.00 in costs authorized by section 939.185(1)(a), Florida Statutes (2007), the Fifth District

Gonzalez v. State

939 So. 2d 224, 2006 WL 2918887

District Court of Appeal of Florida | Filed: Oct 13, 2006 | Docket: 1657412

Cited 5 times | Published

section 775.083(2), Florida Statutes (2004), and section 939.185, Florida Statutes (2004), respectively. These

Ridgeway v. State

892 So. 2d 538, 2005 WL 35413

District Court of Appeal of Florida | Filed: Jan 10, 2005 | Docket: 472014

Cited 5 times | Published

retroactive application of the cost provisions of section 939.185, Florida Statutes (2004), arguing it violates

R.F. v. State

42 So. 3d 333, 2010 Fla. App. LEXIS 12166

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 60295262

Cited 4 times | Published

of costs in the written order that reads “$_F.S. 939.185” and that the statute does not apply to juvenile

Watts v. State

973 So. 2d 1271, 2008 WL 398824

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1687981

Cited 4 times | Published

imposing a $65 county court cost pursuant to section 939.185(1)(a), Florida Statutes (2004). This statute

Cutwright v. State

934 So. 2d 667, 2006 WL 2191981

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1747662

Cited 4 times | Published

Statutes (2004), and a $65 cost pursuant to section 939.185, Florida Statutes (2004). Cutwright committed

Carter v. State

173 So. 3d 1048, 2015 Fla. App. LEXIS 10949, 2015 WL 4429085

District Court of Appeal of Florida | Filed: Jul 21, 2015 | Docket: 60250193

Cited 3 times | Published

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

Jones v. State

988 So. 2d 15, 2008 WL 2312623

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1722195

Cited 3 times | Published

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

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

assessment center costs was moved to section 939.185; section 939.185 does not contain the language of imposing

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

effective July 1, 2007, the legislature amended section 939.185 to apply specifically to an adjudication of

Clark v. State

963 So. 2d 911, 2007 WL 2428478

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1697271

Cited 2 times | Published

[1] and a court cost of $65 imposed under section 939.185, Florida Statutes (creating an "additional

Navicky v. State

949 So. 2d 1047, 2006 WL 3371464

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 810826

Cited 2 times | Published

improperly taxed him with a cost pursuant to section 939.185, Florida Statutes (2004).[1] We agree. That

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

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

Love v. State

992 So. 2d 823, 2008 WL 4180056

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1723106

Cited 1 times | Published

trial court imposed a $48.75 cost pursuant to section 939.185, Florida Statutes (2004), which did not become

Broadnax v. State

987 So. 2d 160, 2008 WL 2744514

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 2585029

Cited 1 times | Published

court has held that retroactive application of section 939.185, Florida Statutes (2004), does not violate

Denegall v. State

975 So. 2d 505, 2007 WL 2215392

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 1424057

Cited 1 times | Published

statutes was error. We agree. With regard to section 939.185(1)(a), this court noted in Griffin v. State

Mitchell v. State

954 So. 2d 1263, 2007 WL 1223442

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 1501183

Cited 1 times | Published

was necessary. We also agree that because section 939.185(1)(a), Florida Statutes, was not in effect

MDJ v. State

936 So. 2d 774, 2006 WL 2516467

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 2548681

Cited 1 times | Published

strike the assessment of the fine set forth in section 939.185, Florida Statutes (2005), as it has no application

Shain Gordon Shaw v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098331

Published

provides in pertinent part: “[p]ursuant to F.S. § 939.185, an additional court cost of $65.00 shall be imposed

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

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

Published

pay $.........., an additional cost, under section 939.185, Florida Statutes, if authorized by

Whitley v. State of Florida

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084176

Published

costs associated with section 939.185, Florida Statutes (2018). Section 939.185 states in relevant part

GRACE ANN KING v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 7, 2023 | Docket: 68069745

Published

Florida Statutes (2021), and a $65 cost, citing section 939.185, Florida Statutes (2021). Section 938

T. J. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 1, 2023 | Docket: 67754751

Published

trial court erred in imposing a $65 fee under section 939.185, Florida Statutes (2022), without a citation

MOISES SANCHEZ, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689379

Published

misdemeanor . . . under the laws of this state.” § 939.185(1)(a), Fla. Stat. (2020). Additionally, Martin

E. C. T. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2020 | Docket: 18411940

Published

court erred by imposing a $1 fee pursuant to section 939.185(1)(a), Florida Statutes (2018). That statute

GEORGE SUMMERS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037354

Published

erred in imposing a $65 assessment pursuant to section 939.185, Florida Statutes (2017), because the order

J. S. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992404

Published

court erred by imposing a $1 fee pursuant to section 939.185(1)(a), Florida Statutes (2017). That statute

Jason Robert Powell v. State of Florida

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916399

Published

improperly imposed a $65 court cost under section 939.185, Florida Statutes, and reverse so the trial

Paul Byrd v. State of Florida

272 So. 3d 1289

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738275

Published

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

Jason Wilson Wall v. State of Florida

264 So. 3d 248

District Court of Appeal of Florida | Filed: Jan 8, 2019 | Docket: 8483526

Published

ordinance for a $65 fine imposed pursuant to section 939.185, Florida Statutes. See Carter v. State, 173

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

pay $.........., an Aadditional cost, under section 939.185, Florida Statutes, if authorized by county

McCann v. State

249 So. 3d 792

District Court of Appeal of Florida | Filed: Jul 27, 2018 | Docket: 64683382

Published

erred in imposing a $65 assessment pursuant to section 939.185(1)(a), Florida Statutes (2015), because the

MALLORY MC CANN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2018 | Docket: 7531993

Published

erred in imposing a $65 assessment pursuant to section 939.185(1)(a), Florida Statues (2015), because the

K.M. v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236487

Published

assessment for “[additional] court costs” under section 939.185(1)(a), Florida Statutes (2016). This timely

H.S. v. State

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

Published

motion to correct a disposition error. Because section 939.185(1)(a) of the Florida Statutes (2015) does

H.S. v. State

229 So. 3d 423

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

Published

motion to correct a disposition error. Because section 939.185(l)(a) of the Florida Statutes (2015) does not

Strickland v. State

135 So. 3d 348, 2013 WL 6097539, 2013 Fla. App. LEXIS 18511

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60239573

Published

Florida Statutes, which should be changed to “section 939.185, Florida Statutes.” WOLF, ROBERTS, and MAKAR

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

required to pay $.an Additional cost, under section 939.185, 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

required to pav $.an additional cost, under section 939.185. Florida Statutes, if authorized bv county

W.A. v. State

60 So. 3d 510, 2011 Fla. App. LEXIS 5958, 2011 WL 1563608

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60300249

Published

$85 temporary criminal surcharge pursuant to section 939.185(l)(a)-(b), Florida Statutes, and $50 for a

De la Fuente v. State

58 So. 3d 394, 2011 Fla. App. LEXIS 5189, 2011 WL 1377065

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299354

Published

(includes prosecution/investigative costs); and 6) Section 939.185(l)(a), Florida Statutes (2007), Assessment

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

temporary criminal surcharge authorized by Section 939.185(l)(a)-(b), Florida Statutes (2009), may be

Ago

Florida Attorney General Reports | Filed: Apr 22, 2010 | Docket: 3257727

Published

costs imposed pursuant to section 939.185, Florida Statutes? In sum: Section 939.185(1)(d), Florida Statutes

Ago

Florida Attorney General Reports | Filed: Sep 2, 2008 | Docket: 3257839

Published

following questions: 1. May revenues generated by section 939.185, Florida Statutes, be used to fund an alternative

Irvin v. State

973 So. 2d 576, 2008 Fla. App. LEXIS 75, 2008 WL 53620

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 64853688

Published

costs order imposes a cost of $65 pursuant to section 939.185, Florida Statutes (2004). Irvin correctly argues

Marsh v. State

965 So. 2d 1284, 2007 WL 3010338

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1509125

Published

imposing a $65 cost "pursuant to F.S. 939.185(1)." Section 939.185 became effective on July 1, 2004,

D.S. v. State

963 So. 2d 316, 2007 WL 2330663

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 64851904

Published

imposing court costs of $65.00 pursuant to section 939.185, Florida Statutes (2006). In light of V.K.E

K.L.J. v. State

963 So. 2d 316, 2007 Fla. App. LEXIS 12776, 2007 WL 2330648

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 64851903

Published

imposing court costs of $65.00 pursuant to section 939.185, Florida Statutes (2006). In light of V.K.E

Holloway v. State

962 So. 2d 383, 2007 WL 2212708

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 972219

Published

Ordinance Program" fee imposed pursuant to section 939.185, Florida Statutes, because that statute took

A.P.M. v. State

948 So. 2d 961, 2007 Fla. App. LEXIS 2053, 2007 WL 489270

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 64849153

Published

court erred by imposing a $65 cost pursuant to section 939.185, Florida Statutes (2005). The State properly

T.L.S. v. State

949 So. 2d 290, 2007 Fla. App. LEXIS 1580

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 64849281

Published

Statutes (2005), in the amount of $20, and section 939.185(l)(a), Florida Statutes (2005), in the amount

S.V.S. v. State

936 So. 2d 769, 2006 Fla. App. LEXIS 14628

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 64846357

Published

for the imposition of a $65 cost pursuant to section 939.185, Florida Statutes (2005). The supreme court

M.D.J. v. State

936 So. 2d 774, 2006 Fla. App. LEXIS 14620

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 64846361

Published

strike the assessment of the fine set forth in section 939.185, Florida Statutes (2005), as it has no application

SVS v. State

936 So. 2d 769, 2006 WL 2516373

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 238073

Published

for the imposition of a $65 cost pursuant to section 939.185, Florida Statutes (2005). The supreme court

Redilla v. State

929 So. 2d 613, 2006 WL 1235898

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1421709

Published

the additional $65 court cost, pursuant to section 939.185, Florida Statutes (2004), that were not imposed

Nelson v. State

913 So. 2d 1250, 2005 Fla. App. LEXIS 17944, 2005 WL 3050595

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 64840836

Published

repealed in 2004 and was apparently replaced by section 939.185, Florida Statutes (2004). The holding in this

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

assessment center costs was moved to section 939.185; section 939.185 does not contain the language of imposing

Ago

Florida Attorney General Reports | Filed: Jul 2, 2004 | Docket: 3258538

Published

provided therein, takes effect July 1, 2004. 7 Section 939.185(1)(a)3., Fla. Stat.(2004), effective July 1