What court costs and fees come with a Florida criminal case?

When a criminal case ends in a plea or a finding of guilt, the judgment usually lists more than a fine. Florida law adds court costs, surcharges and fees that pay for victim compensation, crime prevention, the State Attorney and, when one was appointed, the public defender. This page lists the government costs set by statute and how the clerks in Palm Beach, Broward, Miami-Dade and Martin counties collect them. It covers only costs owed to the government, not lawyer's fees. How the rest of a case works is mapped on our criminal defense practice areas page.

When do court costs come due, step by step?

1. At the application for a public defender. A $50 application fee is due to the clerk within 7 days of applying (s. 27.52(1)(b)). How that decision is made is explained in public defender or private lawyer in Florida.
2. At the plea or verdict. Most statutory costs are triggered by a plea of guilty or no contest, or a finding of guilt. Several apply "regardless of whether adjudication is withheld" (ss. 938.06(3), 938.27(1)), and the Crimes Compensation cost applies when adjudication is withheld as well (s. 938.03(1)).
3. In the plea agreement. The additional court costs in s. 938.05 must be made part of any plea agreement to a felony, misdemeanor or criminal traffic offense (s. 938.05(2)).
4. In the judgment. The court must include prosecution costs, and public defender fees where they apply, in every judgment against a convicted person (ss. 938.27(1), 938.29(1)(a)).
5. To the clerk. The clerk collects fines, fees, service charges and costs. Unless the court says otherwise, the person must contact the clerk right away to pay in full or apply for a payment plan (s. 775.083(3)). Someone released from jail with balances owed must contact the clerk within 30 days (s. 28.246(4)(b)).
6. During probation. Supervision costs are paid monthly, and some surcharges are a condition of probation (ss. 948.09(1), 938.08).

What costs does Florida law add to a criminal case?

Added up at their minimums, the first six rows come to $203 for a misdemeanor and $448 for a felony. That is not a full bill for any case: county costs, surcharges for the specific charge, fines, restitution and supervision costs can all be added. The fines themselves are capped by degree in s. 775.083(1), as shown in our chart of Florida criminal penalties.

What does the clerk charge to collect them?

Each clerk publishes how its plans work. The Palm Beach Clerk sets up payment plans online through its customer service chat for a $25 administrative fee, says a person with a future court date may not set one up, and refers past-due fines and fees to a collection agency. The Broward Clerk requires the defendant to appear in person with identification to set up a plan, with a $25 processing fee per case. Driving after a license is suspended can become a separate charge, explained in whether driving on a suspended license is a crime.

Can court costs be waived or reduced?

• Some cannot. The $50 Crimes Compensation cost "shall not be waived by the court" (s. 938.03(2)), and prosecution costs and public defender fees are imposed regardless of present ability to pay (ss. 938.27(2)(a), 938.29(1)(b)).
• Community service instead. After examining a person under oath and finding an inability to pay, a judge may convert a statutory financial obligation into community service (s. 938.30(2)).
• Deferred fines. If a defendant cannot pay a fine, the court may defer it to a date certain (s. 775.083(1)).
• Supervision costs. The Department of Corrections may exempt a probationer from supervision costs for reasons such as being unable to find work despite diligent effort, being a full-time student, or supporting dependents when payment would be an undue hardship (s. 948.09(3)).
• Payment plans. The clerk must accept partial payments under a plan, and must enter a plan with anyone the court finds indigent for costs (s. 28.246(4)).

What changes the answer?

• Felony or misdemeanor. The additional court cost, the crime prevention cost and the minimum prosecution and public defender amounts are all higher for a felony (ss. 938.05, 775.083(2), 938.27(8), 938.29).
• The charge itself. DUI, domestic violence and certain offenses against minors or involving sexual violence carry surcharges (ss. 938.07, 938.08, 938.085, 938.10). The DUI costs are broken down in how much a DUI costs in Florida beyond the fine.
• A withhold of adjudication. Many costs still apply with a withhold (ss. 938.03, 938.06(3), 938.27(1)). What a withhold does for the record is covered in what a withhold of adjudication means.
• A dismissal or acquittal. The statutory costs above are triggered by a plea or a finding of guilt, so a case that is dismissed or ends in acquittal does not carry them.
• Diversion. Pretrial programs charge their own costs, set by the program; see pretrial diversion in Palm Beach and Broward.
• The county. The additional cost of up to $65 and the teen court cost exist only where the county commission adopted them by ordinance (ss. 939.185(1)(a), 938.19). A consolidated or home rule charter government that qualifies under s. 939.185(1)(b) may also adopt an $85 surcharge, and when a person is found indigent the clerk must defer the county cost (s. 939.185(2)).
• Probation. Monthly supervision costs grow with the length of the term, which is one reason ending probation early can matter.

A worked example

For example, picture a hypothetical woman in Palm Beach County who pleads no contest to a first-degree misdemeanor, is adjudicated guilty, and is sentenced to a $250 fine and 6 months of probation. Without a public defender, the statewide costs at their minimums would be $50 (s. 938.03), $60 (s. 938.05), $20 (s. 775.083(2)), $20 (s. 938.06), $3 (s. 938.01) and $50 in prosecution costs (s. 938.27), for $203, plus any county cost the county has adopted. Probation would add at least $40 a month for 6 months, or $240 (s. 948.09(1)(b)). If she had used the public defender, she would also owe the $50 application fee and at least $50 in fees and costs (s. 938.29). If she set up a payment plan with a one-time $25 charge, the clerk's monthly amount would be presumed affordable if it did not exceed the greater of $25 or 2 percent of her annual net income divided by 12. This illustration is not a bill for any real case.

Common mistakes people make

• Assuming a withhold of adjudication means no court costs.
• Waiting for a bill; the statute puts the duty on the person to contact the clerk (s. 775.083(3)).
• Missing payment plan installments, which can bring late fees, collections and a license suspension (ss. 28.246(6), 322.245(5)).
• Not asking the judge about community service when the person truly cannot pay (s. 938.30(2)).
• Not telling the probation officer about job loss or school enrollment, which can support an exemption from supervision costs (s. 948.09(3)).
• Paying a third party who claims to be the court without checking the clerk's official payment options.

What to do this week

1. Look up the case on the clerk's website and write down the total balance and the due date.
2. Get a copy of the judgment and sentence, which lists the costs the court imposed.
3. If you cannot pay in full, contact the clerk about a payment plan.
4. If you were just released from jail, contact the clerk within 30 days (s. 28.246(4)(b)).
5. If you are on probation, confirm the monthly supervision amount with your officer.
6. If the amounts look wrong, ask a defense lawyer to compare them with the statutes listed here.

Frequently asked questions

Do I pay court costs if my case is dismissed?

The statewide costs listed above are tied to a plea of guilty or no contest or a finding of guilt, so a dismissal does not trigger them. The $50 public defender application fee is tied to the application itself (s. 27.52(1)(b)), and the Miami-Dade Public Defender says its services are free when the client is acquitted or the charges are dismissed.

Can a judge give me jail for not paying court costs?

The supplementary proceedings law lets the court examine a person under oath about the ability to pay, and a person who skips that hearing may be arrested (s. 938.30(2)). On probation, the person who claims inability to pay restitution or supervision costs must prove it by clear and convincing evidence (s. 948.06(5)).

Are court costs the same in every Florida county?

The statewide costs are the same everywhere. The county additional cost of up to $65, the $85 surcharge some charter governments may adopt, and the teen court cost apply only where the local government adopted them (ss. 939.185, 938.19), so the clerk's balance for the same charge can differ by county.

Who keeps the money?

Each statute directs where its cost goes, for example the Crimes Compensation Trust Fund, the Crime Stoppers Trust Fund or the State Attorneys Revenue Trust Fund (ss. 938.03, 938.06, 938.27(8)). The clerk collects and distributes partial payments in an order of priority set by s. 28.246(5).

Do costs have to be paid before a record can be sealed?

The clerk charges $42 for sealing or expunging a court file (s. 28.24(26)). Eligibility and the steps are covered in whether you can seal or expunge your record.

What if I paid a cash bond?

When someone other than a bail bond agent posted a cash bond, the clerk must withhold unpaid prosecution costs, representation costs, court fees, court costs and penalties before returning it (s. 903.286(1)). How bond works is explained in how bond is set and posted in Florida.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida, in Palm Beach, Broward, Miami-Dade and Martin counties. When a plea is being considered, he can explain which costs a given resolution is likely to carry under the statutes, and after a case he can review a judgment that seems to list the wrong amounts or raise inability to pay with the court. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

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