The Florida Senate

939.02  Costs before committing trial court judge.

939.03  Execution for costs in capital cases.

939.04  Execution for costs in other cases.

939.05  Insolvent defendant discharged without payment of costs.

939.06  Acquitted defendant not liable for costs.

939.07  Pay of defendant's witnesses.

939.08  Costs to be certified before audit.

939.09  Sheriff's mileage.

939.10  Duty of board of county commissioners.

939.11  Unnecessary charge for confining prisoner not to be allowed.

939.12  Cost against state in Supreme Court.

939.13  Power of Chief Financial Officer.

939.14  County not to pay costs in cases where information is not filed or indictment found.

939.15  Costs paid by county in cases of insolvency.

939.17  Application of cash deposit to fine and costs.

939.185  Assessment of additional court costs.

939.02  Costs before committing trial court judge.--All costs accruing before a committing trial court judge shall be taxed against the defendant on conviction or estreat of recognizance.

History.--s. 3, ch. 1949, 1873; RS 2984; GS 4058; RGS 6162; CGL 8476; s. 42, ch. 2004-11.

939.03  Execution for costs in capital cases.--In all capital cases the costs in case of conviction shall be entered up against the prisoner, and the bill of costs, when taxed by the clerk and certified in the manner required by law to give a bill of costs the force of an execution, shall have the force of an execution, and may be levied upon any property of the prisoner found in the state. If the sheriff shall return said bill to the office of the clerk and make affidavit thereon that sufficient property cannot be found to pay the same, and shall state in the affidavit the amount left unpaid after exhausting all the property found, the bill, or the balance unpaid thereon, shall then be audited according to law and such amount shall be paid out of the county treasury.

History.--s. 7, ch. 159, 1848; RS 2985; GS 4059; RGS 6163; CGL 8477.

939.04  Execution for costs in other cases.--In all cases less than capital, wherein the defendant may be adjudged to pay costs, a capias may be issued, as is provided for the collection of fines and forfeitures.

History.--s. 5, ch. 217, 1849; RS 2986; GS 4060; RGS 6164; CGL 8478.

¹939.05  Insolvent defendant discharged without payment of costs.--In all cases less than capital, when it appears from due proof made in open court that the person convicted is wholly unable to pay costs, and that the judgment has in other respects been complied with, the court before which such person was convicted may discharge him or her without the payment of costs.

History.--s. 2, ch. 76, 1846; RS 2987; GS 4061; RGS 6165; CGL 8479; s. 1589, ch. 97-102; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

939.06  Acquitted defendant not liable for costs.--No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If the defendant shall have paid any taxable costs in the case, the clerk or judge shall give him or her a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to the defendant.

History.--s. 3, ch. 76, 1846; RS 2988; GS 4062; RGS 6166; CGL 8480; s. 44, ch. 73-334; s. 1590, ch. 97-102; s. 131, ch. 2003-402.

¹939.07  Pay of defendant's witnesses.--In all criminal cases prosecuted in the name of the state in the circuit courts or county courts in this state where the defendant is indigent or discharged, the county shall pay the legal expenses and costs, as is prescribed for the payment of costs incurred by the county in the prosecution of such cases, including the cost of the defendant's copy of all depositions and transcripts which are certified by the defendant's attorney as serving a useful purpose in the disposition of the case; provided, that before any witness is subpoenaed on behalf of a defendant in the circuit or county court an application shall be made to the judge, in writing, on behalf of the defendant, setting forth the substance of the facts sought to be proved by the witness or witnesses, making affidavit that the defendant is insolvent, and if upon such showing the judge is satisfied that the witness or witnesses are necessary for the proper defense of the defendant, he or she shall order that subpoena issue, and that the costs as herein provided shall be paid by the county, and not otherwise.

History.--s. 1, chs. 5131 and 5132, 1903; GS 4063; RGS 6167; CGL 8481; s. 44, ch. 73-334; s. 6, ch. 82-176; s. 7, ch. 85-213; s. 1591, ch. 97-102; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

939.08  Costs to be certified before audit.--In all cases wherein is claimed the payment of applicable bills of costs, fees, or expenses of the state courts system as provided in s. 29.004, other than juror and witness fees, in the adjudication of any case payable by the state, the trial court administrator shall review the itemized bill. The bill shall not be paid until the trial court administrator has approved it and certified that it is just, correct, and reasonable and contains no unnecessary or illegal item.

History.--ss. 3, 5, ch. 3702, 1887; RS 2989; GS 4064; RGS 6168; CGL 8482; s. 44, ch. 73-334; s. 132, ch. 2003-402.

939.09  Sheriff's mileage.--Every sheriff, in presenting a bill for mileage against the state or county, shall certify that no constructive mileage is charged therein.

History.--s. 7, ch. 3702, 1887; RS 2990; GS 4065; RGS 6169; CGL 8483.

¹939.10  Duty of board of county commissioners.--The board of county commissioners, before approving any bill against the state or county, shall ascertain that no constructive mileage, or charge for anything but actual miles necessarily traveled by the nearest route, or actual and necessary services, or actual and necessary expenses which may be chargeable against the state or county, is contained therein.

History.--s. 7, ch. 3702, 1887; RS 2991; GS 4066; RGS 6170; CGL 8484; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

939.11  Unnecessary charge for confining prisoner not to be allowed.--No charge for rent of any house for confining a prisoner, or for guarding a prisoner, any longer than may be necessary for transferring such prisoner to jail or place of safekeeping, or during the session of court at which such prisoner shall be arraigned, or to which he or she may be brought for trial, shall be allowed against the state or county.

History.--s. 6, ch. 159, 1848; RS 2992; GS 4067; RGS 6171; CGL 8485; s. 1592, ch. 97-102.

939.12  Cost against state in Supreme Court.--The clerk of the Supreme Court shall give, upon application, a certified copy of any judgment against the state upon appeal in criminal cases, and the state shall pay the same to the appellant, or the appellant's agent or attorney, on demand.

History.--s. 1, ch. 3266, 1881; RS 2993; GS 4068; RGS 6172; CGL 8486; s. 1593, ch. 97-102; s. 133, ch. 2003-402.

939.13  Power of Chief Financial Officer.--The Chief Financial Officer may audit and approve or disapprove any claim or any item thereof against the state for costs, fees or expenses of criminal cases prosecuted in the name of the state, and for which the state is liable, if the Chief Financial Officer is satisfied that the same is legal, just, necessary and correct or otherwise, and may prescribe forms and methods for the same. The Chief Financial Officer shall not dispense with any of the requirements of law relative to the auditing and payment of such accounts, but may prescribe additional requirements.

History.--s. 8, ch. 3702, 1887; RS 2995; GS 4069; RGS 6173; CGL 8487; s. 1594, ch. 97-102; s. 1926, ch. 2003-261.

939.14  County not to pay costs in cases where information is not filed or indictment found.--When a committing trial court judge holds to bail or commits any person to answer a criminal charge in a county court or a circuit court, and an information is not filed nor an indictment found against such person, the costs of such committing trial shall not be paid by the county, except the costs for executing the warrant.

History.--s. 1, ch. 4123, 1893; GS 4070; RGS 6174; CGL 8488; s. 44, ch. 73-334; s. 43, ch. 2004-11.

¹939.15  Costs paid by county in cases of insolvency.--When the defendant in any criminal case pending in any circuit or county court, a district court of appeal, or the Supreme Court of this state has been adjudged insolvent by the circuit judge or the judge of the county court, upon affidavit and proof as required by ²s. 924.17 in cases of appeal, or when the defendant is discharged or the judgment reversed, the costs allowed by law shall be paid by the county in which the crime was committed, upon presentation to the county commissioners of a certified copy of the judgment of the court against such county for such costs. However, this section does not apply to indigent defendants represented by the public defender. In such cases, costs incurred pursuant to s. 27.54(3) shall be paid by the county upon certification by the public defender as being useful and necessary in the preparation of a criminal defense, provided that the reasonableness of such expenses may be contested by the county in the criminal proceeding.

History.--Ch. 4401, 1895; GS 4071; RGS 6175; CGL 8489; s. 44, ch. 73-334; s. 1, ch. 89-129; s. 3, ch. 91-303; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

²Note.--The requirements of affidavit and proof were deleted from s. 924.17 by s. 154, ch. 70-339.

939.17  Application of cash deposit to fine and costs.--In any prosecution for an offense against the state or any political subdivision thereof, when money has been deposited by or on behalf of the defendant upon a judgment for the payment of a fine and costs, the clerk shall, under the direction of the court, apply the money deposited in satisfaction of such fine and costs and return the remainder to the depositor.

History.--s. 1, ch. 72-235.

939.185  Assessment of additional court costs.--

(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, any felony, misdemeanor, 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 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, 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)  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.

(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.