The Florida Senate

938.01  Additional Court Cost Clearing Trust Fund.

938.03  Crimes Compensation Trust Fund.

938.04  Additional cost with respect to criminal fines.

938.05  Local Government Criminal Justice Trust Fund.

938.06  Additional cost for crime stoppers programs.

938.01  Additional Court Cost Clearing Trust Fund.--

¹(1)  All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, assess $3 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be assessed such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be forwarded to the Treasurer as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.

(a)  All such costs collected by the courts shall be remitted to the Department of Revenue, in accordance with administrative rules adopted by the executive director of the Department of Revenue, for deposit in the Additional Court Cost Clearing Trust Fund and shall be earmarked to the Department of Law Enforcement for distribution as follows:

1.  Two dollars and seventy-five cents of each $3 assessment shall be deposited in the Criminal Justice Standards and Training Trust Fund, and the remaining 25 cents of each such assessment shall be deposited into the Department of Law Enforcement Operating Trust Fund and shall be disbursed to the Department of Law Enforcement.

2.  Ninety-two percent of the money distributed to the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21 shall be earmarked to the Department of Law Enforcement for deposit in the Criminal Justice Standards and Training Trust Fund, and 8 percent of such money shall be deposited into the Department of Law Enforcement Operating Trust Fund and shall be disbursed to the Department of Law Enforcement.

(b)  The funds deposited in the Criminal Justice Standards and Training Trust Fund and the Department of Law Enforcement Operating Trust Fund may be invested. Any interest earned from investing such funds and any unencumbered funds remaining at the end of the budget cycle shall remain in the respective trust fund until the following year.

(c)  All funds in the Criminal Justice Standards and Training Trust Fund earmarked to the Department of Law Enforcement shall be disbursed only in compliance with s. 943.25(9).

(2)  Except as provided by s. 938.15 and notwithstanding any other provision of law, no funds collected and deposited pursuant to this section or s. 943.25 shall be expended unless specifically appropriated by the Legislature.

History.--s. 8, ch. 74-386; s. 1, ch. 77-119; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 189, ch. 79-164; s. 144, ch. 79-190; s. 13, ch. 80-71; s. 17, ch. 81-24; s. 81, ch. 81-167; s. 85, ch. 83-55; s. 8, ch. 83-259; s. 20, ch. 84-258; s. 11, ch. 85-224; s. 6, ch. 85-250; s. 11, ch. 86-154; s. 16, ch. 86-187; s. 2, ch. 86-286; ss. 3, 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 42, ch. 93-120; s. 17, ch. 93-252; s. 9, ch. 95-408; s. 12, ch. 97-225; s. 3, ch. 97-271; ss. 39, 40, ch. 2000-171; s. 19, ch. 2001-122; s. 1, ch. 2001-184; s. 3, ch. 2001-232; ss. 29, 30, 54, ch. 2001-254.

¹Note.--

A.  Section 29, ch. 2001-254, amended subsection (1) "[i]n order to implement Specific Appropriations 333-339 and 1248-1256 of the 2001-2002 General Appropriations Act."

B.  Section 19, ch. 2001-122, amended subsection (1), effective March 1, 2002, to read:

(1)  All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, assess $3 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be assessed such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be remitted to the Department of Revenue as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.

(a)  All such costs collected by the courts shall be remitted to the Department of Revenue, in accordance with administrative rules adopted by the executive director of the Department of Revenue, for deposit in the Additional Court Cost Clearing Trust Fund and shall be earmarked to the Department of Law Enforcement for distribution as follows:

1.  Two dollars and seventy-five cents of each $3 assessment shall be deposited in the Criminal Justice Standards and Training Trust Fund, and the remaining 25 cents of each such assessment shall be deposited into the Department of Law Enforcement Operating Trust Fund and shall be disbursed to the Department of Law Enforcement.

2.  Ninety-two percent of the money distributed to the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21 shall be earmarked to the Department of Law Enforcement for deposit in the Criminal Justice Standards and Training Trust Fund, and 8 percent of such money shall be deposited into the Department of Law Enforcement Operating Trust Fund and shall be disbursed to the Department of Law Enforcement.

(b)  The funds deposited in the Criminal Justice Standards and Training Trust Fund and the Department of Law Enforcement Operating Trust Fund may be invested. Any interest earned from investing such funds and any unencumbered funds remaining at the end of the budget cycle shall remain in the respective trust fund until the following year.

(c)  All funds in the Criminal Justice Standards and Training Trust Fund earmarked to the Department of Law Enforcement shall be disbursed only in compliance with s. 943.25(9).

C.  Section 54, ch. 2001-254, provides that "[i]f any other act passed during the 2001 Regular Session of the Legislature or any extension thereof contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act." Section 1, ch. 2001-184, and s. 3, ch. 2001-232, amended s. 938.01(1) to continue the current text and did not include a repeal or reversion provision.

D.  Section 30, ch. 2001-254, provides that "[t]he amendment of subsection (1) of section 938.01, Florida Statutes, by this act shall expire on July 1, 2002, and the text of that subsection shall revert to that in existence on June 30, 2000, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to the provisions of this act. The Division of Statutory Revision of the Office of Legislative Services shall include in an appropriate reviser's bill any amendments to such subsection which are necessary to give effect to the legislative intent expressed in this section." Effective July 1, 2002, subsection (1), as amended by s. 30, ch. 2001-254, and s. 19, ch. 2001-122, will read:

(1)  All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, assess $3 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be assessed such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be remitted to the Department of Revenue as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.

(a)  All such costs collected by the courts shall be remitted to the Department of Revenue, in accordance with administrative rules adopted by the executive director of the Department of Revenue, for deposit in the Additional Court Cost Clearing Trust Fund and shall be earmarked to the Department of Law Enforcement and the Department of Community Affairs for distribution as follows:

1.  Two dollars and seventy-five cents of each $3 assessment shall be deposited in the Criminal Justice Standards and Training Trust Fund, and the remaining 25 cents of each such assessment shall be deposited into the Operating Trust Fund and shall be disbursed to the Bureau of Public Safety Management of the Department of Community Affairs.

2.  Ninety-two percent of the money distributed to the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21 shall be earmarked to the Department of Law Enforcement for deposit in the Criminal Justice Standards and Training Trust Fund, and 8 percent of such money shall be deposited into the Operating Trust Fund and shall be disbursed to the Bureau of Public Safety Management of the Department of Community Affairs.

(b)  The funds deposited in the Criminal Justice Standards and Training Trust Fund and the Operating Trust Fund may be invested. Any interest earned from investing such funds and any unencumbered funds remaining at the end of the budget cycle shall remain in the respective trust fund until the following year.

(c)  All funds in the Criminal Justice Standards and Training Trust Fund earmarked to the Department of Law Enforcement shall be disbursed only in compliance with s. 943.25(9).

Note.--Former s. 943.25(3).

938.03  Crimes Compensation Trust Fund.--

(1)  When any person pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, there shall be imposed as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost.

(2)  These costs are considered assessed unless specifically waived by the court. If the court does not order these costs, it shall state on the record, in detail, the reasons therefor.

(3)  In the event that the individual has been ordered to pay restitution in accordance with s. 775.089, costs referenced in this section shall be included in a judgment.

¹(4)  The clerk of the court shall collect and forward $49 of each $50 collected to the Treasurer, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as a service charge of the clerk's office. Under no condition shall a political subdivision be held liable for the payment of this sum of $50.

History.--s. 1, ch. 77-452; s. 311, ch. 79-400; s. 15, ch. 80-146; s. 1, ch. 82-222; s. 3, ch. 83-319; s. 7, ch. 85-250; s. 7, ch. 85-326; s. 13, ch. 92-107; s. 23, ch. 92-287; s. 14, ch. 94-342; s. 4, ch. 97-271; s. 20, ch. 2001-122.

¹Note.--Section 20, ch. 2001-122, amended subsection (4), effective March 1, 2002, to read:

(4)  The clerk of the court shall collect and forward $49 of each $50 collected to the Department of Revenue, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as a service charge of the clerk's office. Under no condition shall a political subdivision be held liable for the payment of this sum of $50.

Note.--Former s. 960.20.

¹938.04  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 deposited 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.

¹Note.--Section 21, ch. 2001-122, amended s. 938.04, effective March 1, 2002, to read:

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.

Note.--Former s. 960.25.

938.05  Local Government Criminal Justice Trust Fund.--

(1)  When any person pleads nolo contendere to a misdemeanor or criminal traffic offense under s. 318.14(10)(a) or pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, there shall be imposed as a cost in the case, in addition to any other cost required to be imposed by law, a sum in accordance with the following schedule:

(a)  Felonies ............ $200

(b)  Misdemeanors ............ $50

(c)  Criminal traffic offenses ............ $50

(2)  Payment of the additional court costs provided for in subsection (1) shall be made part of any plea agreement reached by the prosecuting attorney and defense counsel or the criminal defendant where the plea agreement provides for the defendant to plead guilty or nolo contendere to any felony, misdemeanor, or criminal traffic offense under the laws of this state or any municipal or county ordinance which adopts by reference any misdemeanor under state law.

(3)  The clerk of the court shall collect such additional costs and shall notify the agency supervising a person upon whom costs have been imposed upon full payment of fees. The clerk shall deposit all but $3 for each misdemeanor or criminal traffic case and all but $5 for each felony case in a special trust fund of the county. Such funds shall be used exclusively for those purposes set forth in s. 27.3455(3). The clerk shall retain $3 for each misdemeanor or criminal traffic case and $5 for each felony case of each scheduled amount collected as a service charge of the clerk's office. A political subdivision shall not be held liable for the payment of the additional costs imposed by this section.

History.--ss. 2, 3, ch. 85-213; s. 1, ch. 86-154; ss. 2, 3, ch. 88-280; s. 3, ch. 89-129; s. 1, ch. 90-66; s. 7, ch. 97-271.

Note.--Former s. 27.3455(1)-(3).

¹938.06  Additional cost for crime stoppers programs.--

(1)  In addition to any fine prescribed by law for any criminal offense, there is hereby assessed as a court cost an additional surcharge of $20 on such fine, which shall be imposed by all county and circuit courts and collected by the clerks of the courts together with such fine. No political subdivision shall be held liable for payment of costs under this section.

(2)  The clerk of the court shall collect and forward, on a monthly basis, all costs assessed under this section, less $3 per assessment as a service charge to be retained by the clerk, to the Department of Legal Affairs for deposit in the Crime Stoppers Trust Fund, to be used as provided in s. 16.555.

History.--s. 1, ch. 98-319; s. 22, ch. 2001-122.

¹Note.--Section 22, ch. 2001-122, amended s. 938.06, effective March 1, 2002, to read:

938.06  Additional cost for crime stoppers programs.--

(1)  In addition to any fine prescribed by law for any criminal offense, there is hereby assessed as a court cost an additional surcharge of $20 on such fine, which shall be imposed by all county and circuit courts and collected by the clerks of the courts together with such fine. No political subdivision shall be held liable for payment of costs under this section.

(2)  The clerk of the court shall collect and forward, on a monthly basis, all costs assessed under this section, less $3 per assessment as a service charge to be retained by the clerk, to the Department of Revenue for deposit in the Crime Stoppers Trust Fund, to be used as provided in s. 16.555.

938.07  Driving under the influence.

938.08  Additional cost to fund programs in domestic violence.

938.13  Misdemeanor convictions involving drugs or alcohol.

¹938.07  Driving under the influence.--Notwithstanding any other provision of s. 316.193, a court cost of $135 shall be added to any fine imposed pursuant to s. 316.193, of which $25 shall be deposited in the Emergency Medical Services Trust Fund, $50 shall be deposited in the Criminal Justice Standards and Training Trust Fund of the Department of Law Enforcement to be used for operational expenses in conducting the statewide criminal analysis laboratory system established in s. 943.32, and $60 shall be deposited in the Brain and Spinal Cord Injury Rehabilitation Trust Fund created in s. 381.79.

History.--s. 9, ch. 97-271; s. 22, ch. 98-94; s. 10, ch. 2000-155; s. 23, ch. 2001-122.

¹Note.--Section 23, ch. 2001-122, amended s. 938.07, effective March 1, 2002, to read:

938.07  Driving under the influence.--Notwithstanding any other provision of s. 316.193, a court cost of $135 shall be added to any fine imposed pursuant to s. 316.193. The clerks shall remit the funds to the Department of Revenue, $25 of which shall be deposited in the Emergency Medical Services Trust Fund, $50 shall be deposited in the Criminal Justice Standards and Training Trust Fund of the Department of Law Enforcement to be used for operational expenses in conducting the statewide criminal analysis laboratory system established in s. 943.32, and $60 shall be deposited in the Brain and Spinal Cord Injury Rehabilitation Trust Fund created in s. 381.79.

938.08  Additional cost to fund programs in domestic violence.--In addition to any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28, the court shall impose a surcharge of $201. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $85 of the surcharge shall be deposited into the Domestic Violence Trust Fund established in s. 741.01. The clerk of the court shall retain $1 of each surcharge that the clerk of the court collects as a service charge of the clerk's office. The remainder of the surcharge shall be provided to the governing board of the county and must be used only to defray the costs of incarcerating persons sentenced under s. 741.283 and provide additional training to law enforcement personnel in combating domestic violence.

History.--s. 5, ch. 2001-50.

938.13  Misdemeanor convictions involving drugs or alcohol.--

(1)(a)  When any person, on or after October 1, 1988, is found guilty of any misdemeanor under the laws of this state in which the unlawful use of drugs or alcohol is involved, there shall be imposed an additional cost in the case, in addition to any other cost required to be imposed by law, in the sum of $15. Under no condition shall a political subdivision be held liable for the payment of such sum.

(b)  The clerk of the court shall collect the $15 and forward $14 thereof to the jurisdictional county of collection as described in s. 893.165(2) to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under s. 893.165. The clerk shall retain the remaining $1 of each $15 collected as a service charge of the clerk's office.

(2)  The costs imposed by this section apply only in each county in which the board of county commissioners has adopted an ordinance which requires the collection of such costs.

History.--s. 47, ch. 88-337; s. 42, ch. 93-39; s. 1, ch. 97-208; s. 12, ch. 97-271.

Note.--Former s. 939.017.

938.15  Criminal justice education for local government.

938.17  County delinquency prevention.

938.19  Teen courts; operation and administration.

938.15  Criminal justice education for local government.--In addition to the costs provided for in s. 938.01, municipalities and counties may assess an additional $2 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the commission, for local funding.

(1)  Workshops, meetings, conferences, and conventions shall, on a form approved by the commission for use by the employing agency, be individually approved by the employing agency administrator prior to attendance. The form shall include, but not be limited to, a demonstration by the employing agency of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer's job; the direct benefits the officer and agency will receive; and all anticipated costs.

(2)  The commission may inspect and copy the documentation of independent audits conducted of the municipalities and counties which make such assessments to ensure that such assessments have been made and that expenditures are in conformance with the requirements of this subsection and with other applicable procedures.

History.--s. 8, ch. 74-386; s. 1, ch. 77-174; s. 17, ch. 81-24; s. 8, ch. 83-259; s. 5, ch. 84-156; s. 20, ch. 84-258; s. 11, ch. 85-224; s. 11, ch. 86-154; s. 16, ch. 86-187; s. 2, ch. 86-286; ss. 3, 5, 6, ch. 87-186; s. 4, ch. 88-51; s. 5, ch. 91-429; s. 14, ch. 97-271.

Note.--Former s. 943.25(13).

938.17  County delinquency prevention.--

(1)  A county may adopt a mandatory cost to be assessed in specific cases by incorporating by reference the provisions of this section in a county ordinance. Prior to the adoption of the county ordinance, the sheriff's office of the county must be a partner in a written agreement with the Department of Juvenile Justice to participate in a juvenile assessment center or with the district school board to participate in a suspension program.

(2)  In counties in which the sheriff's office is a partner in a juvenile assessment center pursuant to s. 985.209, or a partner in a suspension program developed in conjunction with the district school board in the county of the sheriff's jurisdiction, the court shall assess court costs of $3 per case, in addition to any other authorized cost or fine, on every person who, with respect to a charge, indictment, prosecution commenced, or petition of delinquency filed in that county or circuit, pleads guilty, nolo contendere to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law.

(3)(a)  The clerks of the county and circuit court, in a county where the sheriff's office is a partner in an assessment center or suspension program as specified in subsection (1), shall collect and deposit the assessments collected pursuant to this section in an appropriate, designated account established by the clerk of the court, for disbursement to the sheriff as needed for the implementation and operation of an assessment center or suspension program.

(b)  The clerk of the circuit and county court shall withhold 5 percent of the assessments each court collects pursuant to this section, for the costs of administering the collection of assessments under this section.

(c)  Assessments collected by clerks of the circuit courts comprised of more than one county shall remit the funds collected pursuant to this section to the county in which the offense at issue was committed for deposit and disbursement according to this section.

(d)  Any other funds the sheriff's office obtains for the implementation or operation of an assessment center or suspension program may be deposited into the designated account for disbursement to the sheriff as needed.

(4)  A sheriff's office that receives the cost assessments established in subsection (1) shall account for all funds that have been deposited into the designated account by August 1 annually in a written report to the juvenile justice county council if funds are used for assessment centers, and to the district school board if funds are used for suspension programs.

History.--s. 1, ch. 96-382; s. 15, ch. 97-271; s. 1, ch. 98-207; s. 55, ch. 98-280; s. 11, ch. 2000-135.

Note.--Former s. 775.0833.

938.19  Teen courts; operation and administration.--Notwithstanding s. 318.121, in each county in which a teen court has been created, a county may adopt a mandatory cost to be assessed in specific cases as provided for in subsection (1) by incorporating by reference the provisions of this section in a county ordinance. Assessments collected by the clerk of the circuit court pursuant to this section shall be deposited into an account specifically for the operation and administration of the teen court:

(1)  A sum of $3, which shall be assessed as a court cost by both the circuit court and the county court in the county against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of a state criminal statute or a municipal ordinance or county ordinance or who pays a fine or civil penalty for any violation of chapter 316. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be assessed such cost. The $3 assessment for court costs shall be assessed in addition to any fine, civil penalty, or other court cost and shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by a municipality in the county or by the county in accordance with ss. 316.660 and 318.21. The $3 assessment shall specifically be added to any civil penalty paid for a violation of chapter 316, whether such penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the $3 assessment shall not be made against a person for a violation of any state statutes, county ordinance, or municipal ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws. The clerk of the circuit court shall collect the respective $3 assessments for court costs established in this subsection and shall remit the same to the teen court monthly, less 5 percent, which is to be retained as fee income of the office of the clerk of the circuit court.

(2)  Such other moneys as become available for establishing and operating teen courts under the provisions of Florida law.

History.--s. 2, ch. 96-382; s. 46, ch. 97-238; s. 16, ch. 97-271; s. 2, ch. 98-207.

Note.--Former s. 39.019.

938.21  Alcohol and drug abuse programs.

938.23  Assistance grants for alcohol and other drug abuse programs.

938.25  Operating Trust Fund of the Department of Law Enforcement.

938.27  Judgment for costs on conviction.

938.29  Legal assistance; lien for payment of attorney's fees or costs.

938.30  Court-imposed financial obligations in criminal cases; supplementary proceedings.

938.301  Judicial oversight and jurisdiction.

938.21  Alcohol and drug abuse programs.--Notwithstanding any provision to the contrary of the laws of this state, the court may assess for alcohol and other drug abuse programs as provided in s. 893.165 any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapter 893 or which involves a criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.

History.--s. 18, ch. 97-271.

938.23  Assistance grants for alcohol and other drug abuse programs.--

(1)  In addition to any fine imposed by law for any criminal offense under chapter 893 or for any criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, the court shall be authorized, pursuant to the requirements of s. 938.21, to impose an additional assessment in an amount up to the amount of the fine authorized for the offense. Such additional assessments shall be deposited for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in s. 893.165.

¹(2)  All assessments authorized by this section shall be collected by the clerk of court and remitted to the jurisdictional county as described in s. 893.165(2) for deposit into the County Alcohol and Other Drug Abuse Trust Fund or to the Department of Children and Family Services for deposit into the department's Community Alcohol and Other Drug Abuse Services Grants and Donations Trust Fund pursuant to guidelines and priorities developed by the department. If a County Alcohol and Other Drug Abuse Trust Fund has not been established for any jurisdictional county, assessments collected by the clerk of court shall be remitted to the Department of Children and Family Services for deposit into the department's Community Alcohol and Other Drug Abuse Services Grants and Donations Trust Fund.

History.--s. 3, ch. 88-381; s. 3, ch. 90-111; s. 2, ch. 93-194; s. 4, ch. 94-107; s. 19, ch. 97-271; s. 307, ch. 99-8; s. 31, ch. 2001-122.

¹Note.--Section 31, ch. 2001-122, amended subsection (2), effective March 1, 2002, to read:

(2)  All assessments authorized by this section shall be collected by the clerk of court and remitted to the jurisdictional county as described in s. 893.165(2) for deposit into the County Alcohol and Other Drug Abuse Trust Fund or remitted to the Department of Revenue for deposit into the Community Alcohol and Other Drug Abuse Services Grants and Donations Trust Fund of the Department of Children and Family Services pursuant to guidelines and priorities developed by the department. If a County Alcohol and Other Drug Abuse Trust Fund has not been established for any jurisdictional county, assessments collected by the clerk of court shall be remitted to the Department of Revenue for deposit into the Community Alcohol and Other Drug Abuse Services Grants and Donations Trust Fund of the Department of Children and Family Services.

Note.--Former s. 893.16.

¹938.25  Operating Trust Fund of the Department of Law Enforcement.--Notwithstanding any provision to the contrary of the laws of this state, the court may assess any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of s. 893.13, without regard to whether adjudication was withheld, in addition to any fine and other penalty provided or authorized by law, an amount of $100, to be paid to the clerk of the court, who shall forward it to the Operating Trust Fund of the Department of Law Enforcement to be used by the statewide criminal analysis laboratory system for the purposes specified in s. 943.361. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.

History.--s. 20, ch. 97-271; s. 24, ch. 2001-122.

¹Note.--Section 24, ch. 2001-122, amended s. 938.25, effective March 1, 2002, to read:

938.25  Operating Trust Fund of the Department of Law Enforcement.--Notwithstanding any provision to the contrary of the laws of this state, the court may assess any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of s. 893.13, without regard to whether adjudication was withheld, in addition to any fine and other penalty provided or authorized by law, an amount of $100, to be paid to the clerk of the court, who shall forward it to the Department of Revenue for deposit in the Operating Trust Fund of the Department of Law Enforcement to be used by the statewide criminal analysis laboratory system for the purposes specified in s. 943.361. The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.

938.27  Judgment for costs on conviction.--

(1)  In all criminal cases the costs of prosecution, including investigative costs incurred by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Division of Financial Investigations of the Department of Banking and Finance, if requested and documented by such agencies, shall be included and entered in the judgment rendered against the convicted person.

(2)  If the court does not enter costs, or orders only partial costs under this section, it shall state on the record the reasons therefor.

(3)(a)  The court may require that the defendant pay the costs within a specified period or in specified installments.

(b)  The end of such period or the last such installment shall not be later than:

1.  The end of the period of probation or community control, if probation or community control is ordered;

2.  Five years after the end of the term of imprisonment imposed, if the court does not order probation or community control; or

3.  Five years after the date of sentencing in any other case.

(c)  If not otherwise provided by the court under this section, costs shall be paid immediately.

(4)  If a defendant is placed on probation or community control, any costs ordered under this section shall be a condition of such probation or community control. The court may revoke probation or community control if the defendant fails to comply with such order.

(5)  The court, in determining whether to order costs and the amount of such costs, shall consider the amount of the costs incurred, the financial resources of the defendant, the financial needs and earning ability of the defendant, and such other factors which it deems appropriate.

(6)  Any dispute as to the proper amount or type of costs ordered shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of costs incurred is on the state attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.

(7)  Any default in payment of costs ordered may be collected by any means authorized by law for enforcement of a judgment.

(8)  The court may order the clerk of the court to collect and dispense cost payments in any case.

¹(9)  Investigative costs which are recovered shall be returned to the appropriate investigative agency which incurred the expense. Costs shall include actual expenses incurred in conducting the investigation and prosecution of the criminal case; however, costs may also include the salaries of permanent employees.

(10)  Costs that are collected by the state attorney under this section shall be deposited into the state attorney's grants and donations trust fund to be used during the fiscal year in which the funds are collected, or in any subsequent fiscal year, for actual expenses incurred in investigating and prosecuting criminal cases, which may include the salaries of permanent employees.

History.--s. 1, ch. 76, 1846; RS 2983; GS 4057; RGS 6161; CGL 8475; s. 47, ch. 87-243; s. 7, ch. 92-300; s. 4, ch. 97-60; s. 21, ch. 97-271; s. 25, ch. 2001-122.

¹Note.--Section 25, ch. 2001-122, amended subsection (9), effective March 1, 2002, to read:

(9)  Investigative costs which are recovered shall be returned to the appropriate investigative agency which incurred the expense. Costs shall include actual expenses incurred in conducting the investigation and prosecution of the criminal case; however, costs may also include the salaries of permanent employees. Any investigative costs recovered on behalf of a state agency must be remitted to the Department of Revenue for deposit in the agency operating trust fund, and a report of the payment must be sent to the agency.

Note.--Former s. 939.01.

938.29  Legal assistance; lien for payment of attorney's fees or costs.--

(1)(a)  The court having jurisdiction over any defendant who has been determined to be guilty of a criminal act by a court or jury or through a plea of guilty or nolo contendere and who has received the assistance of the public defender's office, a special assistant public defender, or a conflict attorney shall assess attorney's fees and costs against the defendant at the sentencing hearing and shall determine the appropriate amount and method of payment. Such costs may include the cost of depositions; cost of transcripts of depositions, including the cost of defendant's copy, which transcripts are certified by the defendant's attorney as having served a useful purpose in the disposition of the case; investigative costs; witness fees; the cost of psychiatric examinations; or other reasonable costs specially incurred by the county for the defense of the defendant in criminal prosecutions within the county. Costs shall not include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Any costs assessed pursuant to this paragraph shall be reduced by any amount assessed against a defendant pursuant to s. 938.05.

(b)  Upon entering a judgment of conviction, the trial court shall order the defendant to pay the costs assessed by the court in full, or within a time certain as set by the court, after the judgment of conviction becomes final.

(c)  After assessment of the application fee under s. 27.52(1)(c) and attorney's fees and costs, the court shall order the defendant to pay the attorney's fees and costs in full or in installments, at the time or times specified. The court may order payment of the assessed application fee and attorney's fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence. All fees and costs may be assessed under one judgment.

(2)(a)  When payment of the application fee and attorney's fees and costs has been ordered by the court, there is created in the name of the county in which such assistance was rendered a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who:

1.  Has received any assistance from any public defender of the state, from any special assistant public defender, or from any conflict attorney; or

2.  Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, or by a conflict attorney.

Such lien constitutes a claim against the defendant-recipient or parent and his or her estate, enforceable according to law, in an amount to be determined by the court in which such assistance was rendered.

(b)  Immediately after the issuance of an order for the payment of the application fee and attorney's fees and costs, a judgment showing the name and residence of the defendant-recipient or parent shall be filed for record in the office of the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the county by the board of county commissioners of the county in which assistance was rendered.

(3)  The board of county commissioners of the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, or appointed private legal counsel shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, who has been ordered to pay attorney's fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for remission of the payment of attorney's fees or costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on such person or his or her immediate family, the court may remit all or part of the amount due in attorney's fees or costs or may modify the method of payment.

(4)  The board of county commissioners of the county claiming such lien is authorized to contract with a collection agency for collection of such debts or liens, provided the fee for such collection shall be on a contingent basis not to exceed 50 percent of the recovery. However, no fee shall be paid to any collection agency by reason of foreclosure proceedings against real property or from the proceeds from the sale or other disposition of real property.

(5)  No lien thus created shall be foreclosed upon the homestead of such defendant-recipient or parent, nor shall any defendant-recipient or parent who is ordered to pay attorney's fees or costs be denied any of the protections afforded any other civil judgment debtor.

(6)  The court having jurisdiction of the defendant-recipient may, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.

History.--s. 3, ch. 63-410; s. 7, ch. 67-539; s. 1, ch. 72-41; s. 1, ch. 77-264; s. 2, ch. 77-378; s. 10, ch. 79-400; s. 8, ch. 80-376; s. 1, ch. 83-256; s. 2, ch. 89-129; s. 142, ch. 95-147; s. 2, ch. 96-232; s. 7, ch. 97-107; s. 22, ch. 97-271.

Note.--Former s. 27.56.

938.30  Court-imposed financial obligations in criminal cases; supplementary proceedings.--

(1)  Any person who has been ordered to pay any financial obligation in any criminal case is subject to the provisions of this section. Courts operating under the provisions of this section shall have jurisdiction over such court-imposed financial obligations to ensure compliance.

(2)  The court may require a person ordered to pay an obligation to appear and be examined under oath concerning the person's financial ability to pay the obligation. The court may reduce a person's court-ordered financial obligation based on the court's determination of the person's ability to pay the obligation. The judge may convert the court-ordered obligation to pay court costs to a court-ordered obligation to perform community service after examining a person under oath and determining a person's inability to pay. Any person failing to attend a hearing may be arrested on warrant or capias which may be issued by the clerk upon order of the court.

(3)  The order requiring the person's appearance shall be served a reasonable time before the date of the examination in the manner provided for service of summons, as provided for service of papers under rules of civil procedure, or by actual notice.

(4)  Testimony may be taken regarding any subject relevant to the financial interests of the person tending to aid in satisfying the obligation. Other witnesses who may have information relevant to the issue of the person's ability or lack of ability to pay the obligation may be examined. Documents and other exhibits may also be produced as evidence.

(5)  The court may order that any nonexempt property of the person which is in the hands of another be applied toward satisfying the obligation.

(6)  If judgment has not been previously entered on any court-imposed financial obligation, the court may enter judgment thereon and issue any writ necessary to enforce the judgment in the manner allowed in civil cases. Any judgment issued under this section constitutes a civil lien against the judgment debtor's presently owned or after-acquired property, when recorded pursuant to s. 55.10. Supplementary proceedings undertaken by any governmental entity to satisfy a judgment imposed pursuant to this section may proceed without bond.

(7)  Provisions of the Uniform Fraudulent Transfer Act apply to collection matters under this section and may be used to collect any court-imposed financial obligation subject to this section.

(8)  In lieu of examining the person, or in addition thereto, the court may order the person to comply with a payment schedule to satisfy the obligation.

(9)  Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule, may be held in civil contempt.

(10)  Administrative costs incurred in enforcing compliance under this section may be assessed against the person. Such costs may include postage, copying, docketing fees, service fees, court reporter's fees, and reimbursements for the costs of processing bench warrants and pickup orders. Reasonable attorney's fees may be assessed at the court's discretion. Judges may assess such administrative costs and attorney's fees against the person as the court deems necessary to offset such costs incurred under this section.

(11)  The court may refer any proceeding under this section to a special master who shall report findings and make recommendations to the court. The court shall act on such recommendations within a reasonable amount of time.

(12)  A record of court-imposed financial obligations collected by the clerk of court under the provisions of this section shall be reported quarterly by the clerk of court to the chief judge of the judicial circuit.

(13)  Court-imposed financial obligations arising from criminal cases which are past due, and which have been reduced to judgment by the court, may be referred by the county commission to a collection agent who is registered and in good standing pursuant to chapter 559 or a private attorney. Such referrals must be made in accordance with established bid practices.

(14)  The provisions of this section may be used in addition to, or in lieu of, other provisions of law for enforcing payment of court-imposed financial obligations in criminal cases. The court may enter any orders necessary to carry out the purposes of this section.

History.--s. 4, ch. 98-247; s. 1, ch. 99-266.

938.301  Judicial oversight and jurisdiction.--The Comprehensive Court Enforcement Program may be implemented as supplementary proceedings in any judicial circuit by the chief judge of that circuit. Judges in such circuits shall have jurisdiction to carry out the provisions of this act in criminal cases to ensure compliance with court-imposed financial obligations.

History.--s. 3, ch. 98-247.

938.31  Incorporation by reference.

938.35  Collection of court-related financial obligations.

938.31  Incorporation by reference.--The purpose of this chapter is to facilitate uniform imposition and collection of court costs throughout the state and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference.

History.--s. 24, ch. 97-271.

938.35  Collection of court-related financial obligations.--Any provision of law notwithstanding, a county may pursue the collection of any fines, court costs, or other costs imposed by the court which remain unpaid for 90 days or more, or refer such collection to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the governing body of the county must determine that such collection is cost-effective and the county must follow applicable procurement practices. The costs of collection, including a reasonable attorney's fee, may be recovered, except that such fees and costs of collection may not exceed 40 percent of the total fines and costs owed.

History.--s. 1, ch. 98-84.