Category: Sentencing · Statute: F.S. 938 · Source: Florida Legislature
Understanding Court Costs and Fees in Florida
In Florida, court costs and fees are mandatory financial obligations imposed by a judge during sentencing after a defendant pleads guilty, nolo contendere, or is found guilty at trial. Governed by Chapter 938 of the Florida Statutes, these assessments are separate from punitive fines and are designed to shift the administrative cost of the criminal justice system from taxpayers to the defendants. Even if a defendant receives a withhold of adjudication—meaning they are not formally convicted of the crime—Florida law still requires the court to impose these statutory costs.
These charges accumulate quickly because they fund various branches of the state and local government. Under Florida Statute Section 938.01, a mandatory surcharge is applied to fund the Crimes Compensation Trust Fund, while other provisions direct money toward court technology, local law enforcement training, and crime prevention programs. Additionally, defendants who utilize a public defender are assessed a mandatory application fee under Section 938.29, along with the actual costs of their legal representation. If a defendant served time in a local facility prior to sentencing, they can also be charged a daily incarceration fee to offset the county's jail operating costs.
How Court Costs Impact Bail and Pretrial Release
While court costs are officially assessed at sentencing, they directly impact pretrial release and bail outcomes. Under Florida law, if a defendant has unpaid court costs or outstanding fines from a prior case, a judge may view them as a flight risk or a non-compliant candidate during a bond hearing, potentially resulting in a higher bail amount or a denial of ROR (release on recognizance). Furthermore, when a defendant posts a cash bond directly with the court clerk, Florida Statute Section 903.286 mandates that the clerk must withhold unpaid court costs, fees, and fines from the bond refund before returning any remaining funds to the depositor.