Florida/Georgia Personal Injury & Workers Compensation

DAMOORGIAN, J. We hold that it was error for the trial court to impose costs of prosecution pursuant to section 938.27(1), Florida Statutes (2007) on D.A., a juvenile who was adjudicated delinquent. This is an issue of statutory interpretation, which is subject to a de novo standard of review. Kasischke v. State, 991 So.2d 803, 807 (Fla.2008). Section 938.27(1), Florida Statutes (2007) provides for the imposition of costs of prosecution, as follows: In all criminal cases, convicted persons are liable for payment of documented costs of prosecution, including investigative costs incurred by...

...5th DCA 2006) (stating that “an adjudication of delinquency does not qualify as a ‘conviction’ for purposes of section 775.083”) (Florida Statutes); State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005) (stating that juveniles are not deemed to be “convicted” by adjudications of delinquency). Thus, section 938.27, Florida Statutes (2007), which expressly applies to all “convicted persons” in “criminal cases”, does not apply to a juvenile who has been adjudicated delinquent....

...Simply pleading guilty to the crimes committed, thereby saving the State the cost of prosecution, will not support a downward departure sentence. Bleckinger, 746 So.2d at 555-56; State v. Collins, 482 So.2d 388 (Fla. 5th DCA 1985). While the costs of prosecution and investigation of this case were significant and section 938.27, Florida Statutes (1999), required the trial court to tax those costs against Appellees, public policy dictates against this serving as the basis for a downward departure....

...Even if we were to construe the costs of prosecution and investigative costs to be "restitution," there was no evidence that the need for payment of those costs outweighed the need to imprison Appellees. To the contrary, while the State argued for the assessment of those costs as required by section 938.27, it never suggested that the State's need to recoup its costs outweighed the need to imprison Appellees....

...isk of conviction, and the costs of defense. [3] If convicted of the criminal charges, the Debtor could have been required to make restitution (Fla.Stat. § 775.089) and pay the costs of investigation and prosecution (Fla.Stat. § 939.01 (1991), now § 938.27(1997), and § 812.032)....

...After his conviction, the trial court imposed a $100 cost of prosecution fee, a $400 public defender fee, and an additional $25 fee, without orally pronouncing them in open court. 1 We hold that the trial court correctly imposed the $100 fee for costs of prosecution, as section 938.27(8), Florida Statutes (2010), mandates that such costs shall be set at no less than $100 per case when a felony offense is charged, as is the case here....

...The State argues that, rather than striking the costs, this court should remand to the trial court to reimpose the costs of investigation and prosecution pursuant to the statutory requirements. The statute governing the assessment of fees in this case is section 938.27, Florida Statutes (2005), which states: (1) In all criminal cases, convicted persons are liable for payment of the documented costs of prosecution, including investigative costs incurred by law enforcement agencies ....

...Had the costs judgment not been automatically reversed with the reversal of the conviction, we would conclude that the State has recommended the more appropriate remedy in this case, to reverse the imposition of prosecution and investigative costs and remand for the trial court to reimpose the costs if the requirements of section 938.27 can be met. See Armstrong v. State, 896 So. 2d 866, 868 (Fla. 5th DCA 2005) (vacating the imposition of costs for investigation and prosecution and remanding for reimposition of the costs if the requirements of section 938.27(1) could be met)....

...s without orally pronouncing them: a $65 cost under section 939.185(l)(a), Florida Statutes (2010), in both cases; a $100 cost under section 938.25, Florida Statutes (2010), in the drug case; and sheriffs and prosecutor’s investigative costs under section 938.27, Florida Statutes (2010), in both cases. Ogden also argued that the investigative costs were improperly imposed because the agencies did not request them, as required for their imposition by section 938.27(1)....

...The cost imposed under section 939.185(l)(a) and the local ordinance implementing it may stand, as it is not discretionary. However, the cost imposed under section 938.25 is discretionary and was not orally pronounced. Therefore, it must be stricken at this juncture. The investigative costs imposed under section 938.27 also must be stricken because the agencies did not request them....

...rt to strike the improperly imposed costs. The court may reimpose the section 938.25 cost after providing notice to Ogden and following the proper procedures. Nix, 84 So.3d at 426 . It may not, however, reimpose the investigative costs imposed under section 938.27....

...The State concedes error on this point. Accordingly, we strike the $135 DUI assessment without prejudice and remand to permit the trial court to reimpose this fee with a proper statutory basis. We affirm the trial court's assessment of the costs of prosecution and investigation under section 938.27(1)....

...The State contends that this argument is without merit and argues that where the probation order does not specify the time and manner in which to pay court costs, Florida law requires they be paid immediately, not by the end of the probationary term. We affirm as to this issue. Regarding payment of costs on conviction, section 938.27(2)(a), Florida Statutes, provides that the trial court "shall require the defendant to pay the costs within a specified period or in specified installments." § 938.27(2)(a), Fla. Stat. (2003). However, section 938.27(2)(c), Florida Statutes, provides that if the court does not specify, "costs shall be paid immediately." § 938.27(2)(c), Fla. Stat. (2003). The State relies upon the plain language of section 938.27(2)(c) in support of its position that costs must be paid immediately if the probation order mandating payment of costs does not specify a time....

...ach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee. DAMOORGIAN, J. We hold that it was error for the trial court to impose costs of prosecution pursuant to section 938.27(1), Florida Statutes (2007) on D.A., a juvenile who was adjudicated delinquent. This is an issue of statutory interpretation, which is subject to a de novo standard of review. Kasischke v. State, 991 So.2d 803, 807 (Fla.2008). Section 938.27(1), Florida Statutes (2007) provides for the imposition of costs of prosecution, as follows: In all criminal cases, convicted persons are liable for payment of documented costs of prosecution, including investigative costs incurred by...

...5th DCA 2006) (stating that "an adjudication of delinquency does not qualify as a `conviction' for purposes of section 775.083") (Florida Statutes); State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005) (stating that juveniles are not deemed to be "convicted" by adjudications of delinquency). Thus, section 938.27, Florida Statutes (2007), which expressly applies to all "convicted persons" in "criminal cases", does not apply to a juvenile who has been adjudicated delinquent....

...hearing before imposition of a minimum public defender’s lien, i.e., $150 in felony cases or $100 in misdemeanor cases. II. Appellant also challenges the $100 sheriffs investigative cost, imposed separately after the sentencing hearing pursuant to section 938.27, Florida Statutes (2010)....

...ying it at sentencing. See Kirkland v. State, 106 So.3d 4, 4-5 (Fla. 1st DCA 2013); Baker v. State, 86 So.3d 1208, 1209 (Fla. 1st DCA 2012). See also Lippwe v. State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27(1), Florida Statutes “must be requested on the record by the appropriate agency”)....

...in the absence of proper requests and supporting documentation. Ortiz preserved this issue by filing a motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(b). Costs for prosecution and investigation imposed under section 938.27(1), Florida Statutes (2001), "must be expressly requested by a specific agency with adequate supporting documentation." Reyes v....

...ection 958.04(l)(b), Florida Statutes. Public Defender and Investigative Costs First, we hold that it was error for the court to deny Appellant’s 3.800(b)(2) motion as it pertains to the public defender and investigatory costs entered against him. Section 938.27(1), Florida Statutes (2011), requires that convicted criminals are liable for payment of investigative costs if requested by the investigating agency....

...'s Office. Negron was adjudicated guilty and sentenced by the trial court pursuant to a plea agreement on three felonies. Consistent with this agreement, the court reserved jurisdiction to determine the investigative costs at an evidentiary hearing. Section 938.27(1), Florida Statutes (2018), provides, in pertinent part, that in *1267 all criminal cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies if requested by such agencies. Investigative costs include the actual expenses incurred in conducting the investigation and prosecution of the criminal case and may also include the salaries of permanent employees. § 938.27(7), Fla....

...Although much of the discussion in Reyes is still useful, the legislature has since created chapter 938 and has organized the majority of the various mandatory and discretionary court costs in that chapter. The requirements for some of these costs have changed. For example, costs of prosecution are now described in section 938.27, Florida Statutes (2004), and that statute no longer contains the language relied upon in Reyes and quoted in Edwards and Huesca....

...While the record indicates that the statutory authority for the investigative costs was referenced in the written judgment for fine and costs, Smith is correct that the requisite documentation for the costs was lacking. See § 939.01(1), Fla. Stat. (1995) (renumbered as section 938.27 and amended, effective July 1, 1997); Reyes v....

...2d DCA 1995) (en banc); Sutton v. State, 635 So.2d 1032, 1033 (Fla. 2d DCA 1994). Accordingly, we strike the $176 investigative costs. On remand, the trial court may reimpose these costs provided the State submits the appropriate documentation under section 938.27, Florida Statutes (1997), and after considering Smith's financial resources....

...If the Legislature intended to impose costs per case, it could have expressly done so as it has in other cost statutes. See, e.g., § 938.03(1), Fla. Stat. (2016) (“shall pay as an additional cost in the case”); § 938.05(1), Fla. Stat. (2016) (“shall pay as a cost in the case”); § 938.27(1), Fla....

...In circuit court case 03-2116 (appellate case 2D03-5350) and circuit court case 03-4492 (appellate case 2D03-5351), Diaz pleaded guilty to multiple charges, including grand theft of a motor vehicle. In both cases, the trial court imposed the following costs: (1) $150 in prosecution costs, § 938.27, Fla. Stat. (2002); (2) $130 in investigative costs, § 938.27; and (3) $150 in court costs for court facilities, § 939.18(1)....

...that incurred the costs. The trial court correctly granted relief in case number 03-2116 by entering an amended judgment and sentence omitting the prosecution costs and investigative costs that had appeared in the original judgment and sentence. See § 938.27(1); Ortiz v....

...y. Beard, 751 So.2d at 62; Descault v. State, 20 So.3d 990, 991 (Fla. 1st DCA 2009); Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007). V. INVESTIGATIVE COSTS Mr. Ingraham argues that the $225 fee imposed on him for "investigative costs" under section 938.27(1), Florida Statutes (2004), should be struck because the State failed to provide any documentation for these costs....

...el was ineffective. [6] As noted above, the trial court discussed the dangers of self-representation with Mr. Ingraham before trial and again at trial before permitting Mr. Ingraham to proceed pro se with standby counsel. [7] The legislature amended section 938.27(1), effective July 1, 2008, to eliminate the documentation requirement....

...State, 832 So.2d 840 (Fla. 2d DCA 2002). In requesting costs, the prosecutor merely stated: "And the Pinellas Park Police Department is asking for $300 in investigative costs." No documentation was presented in support of this request, contrary to section 938.27(1), Florida Statutes (2000), which allows the court to impose the costs of prosecution, "including investigative costs incurred by law enforcement *311 agencies ......

...Based on this recent supreme court pronouncement, we must reverse the dismissal of Mr. Simmons's motion as a nullity and remand for the circuit court to consider his motion to withdraw based on the procedures outlined in Sheppard. We must also reverse, in part, the imposition of $150 for costs of prosecution. Section 938.27(8), Florida Statutes (2008), [1] provides: Costs for the state attorney shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offen...

...5th DCA 2004) ("Such costs may be reimposed if the state can produce the required documentation at a noticed hearing."). Reversed and remanded for further proceedings in accordance with this opinion. ALTENBERND and MORRIS, JJ., Concur. NOTES [1] The portion of the statute quoted here was added to section 938.27(8), effective July 1, 2008....

...Davis v. State, 42 So.3d 807, 809 (Fla. 1st DCA 2010). Further, we review “[questions of statutory interpretation” de novo. Allen v. State, 82 So.3d 118,120 (Fla. 4th DCA 2012). We initially begin by reviewing the pertinent statute. According to section 938.27(1), Florida Statutes (2010), “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies.” The statute states further that the “court shall include these costs in every judgment rendered against the convicted person.” § 938.27(1), Fla....

...wd or lascivious molestation counts. The court denied the motion with respect to the $20 surcharge for the Crime Stoppers Trust Fund imposed pursuant to section 938.06(1), Florida Statutes (2009), and the $100 cost of prosecution imposed pursuant to section 938.27(8)....

...rike the $20 surcharge. The trial court did not, however, err in denying Sanders’ motion to strike the $100 cost of prosecution because that was a mandatory cost. See Hills v. State, 90 So.3d 927, 928 (Fla. 1st DCA 2012) (“The 2008 amendments to section 938.27(8) created mandatory minimum costs for the state attorney and removed the trial courts discretion to impose these costs.”)....

...pporting documentation at the time the costs were actually imposed. The prosecutor again *841 failed to provide documentation at the rule 3.800(b) hearing. The procedure employed by the State in this case does not meet the procedural requirements of section 938.27, Florida Statutes (1997) (formerly section 939.01, Florida Statutes), which states: "The burden of demonstrating the amount of costs incurred is on the state attorney." § 938.27(6)....

...Tucker next argues that the trial court erred in ordering him to pay a $25 cost pursuant to Administrative Order 3.1. The administrative order, which the trial court attached to its order on the rule 3.800(b) motion, cites to section 939.01(8), Florida Statutes (now numbered as 938.27(8)); however, that section does not authorize the imposition of any costs....

...We also strike the $80 in investigative costs since the record is devoid of any request from the Pasco County Sheriff's Office documenting its costs. On remand, the State shall have the opportunity to obtain the appropriate documentation under section 939.01(1), Florida Statutes (1995) (renumbered as section 938.27 and amended, effective July 1, 1997)....

...finds that Watts has the ability to pay the fine. See Gonzalez, 939 So.2d at 225. Finally, Watts argues the trial court erred in imposing investigative costs of $218.75 because the State failed to provide required documentation as to the amount. See § 938.27(1), Fla....

...State, 666 So.2d 974, 976 (Fla. 1st DCA 1996). Second, we strike the requirement that appellant pay $1,952.72, the cost of investigation; appellant was not given an opportunity to be heard on the issue nor was her ability to pay considered, contrary to section 938.27(5), Florida Statutes....

...jury verdict did not specifically find actual possession). Finally, we agree that the trial court erroneously imposed certain costs and fines at sentencing. The $150 assessed for prosecution costs and the $130 assessed for investigative costs under section 938.27, Florida Statutes (2003), must be stricken because there was no request for the costs or documentation in the record to support them....

...We affirm the minimum mandatory sentence and imposition of the public defender's fee. We strike the $330 investigation and prosecution cost from the written order because the State failed to provide documentation of this requested amount. See Daniels v. State, 656 So.2d 251 (Fla. 1st DCA 1995); § 938.27(1), Fla....

...State, 905 So.2d 1045, 1047 (Fla. 2d DCA 2005). The State filed a "cost motion" prior to sentencing, but the record contains no evidence supporting the request for costs. Thus, the State failed to meet its burden of demonstrating the amount of costs incurred, as required by section 938.27(4), Florida Statutes (2004)....

...4th DCA 1996) ("Where appellant has objected to the proper amount of costs to be ordered, section 939.01(6), Florida Statutes, requires the matter to be resolved by the court by a preponderance of the evidence."). [2] "The burden of demonstrating the amount of costs incurred is on the state attorney." § 938.27(4), Fla....

...NOTES [1] We leave for another time whether affidavits are properly admissible in this type of hearing and whether such affidavits could provide competent, substantial evidence of the reasonable costs of investigation, given the defendant's inability to cross-examine an affidavit. [2] Section 939.01 since been renumbered section 938.27....

...e.” While the statutory authority for these costs is not designated, the purpose for these assessments is evident. Both costs represent the minimum costs mandated by the applicable statutes and Appellant has constructive notice of their existence. § 938.27(8), Fla....

...The trial court also imposed a mandatory $50,000 fine. He also appeals the assessment of investigative costs of $818.30. We affirm the convictions finding no error, but we strike the imposition of costs and remand to give the state an opportunity to produce the appropriate documentation. Section 938.27, Florida Statutes, (2001) requires the court to impose costs if requested and documented by the investigating agency: (1) In all criminal cases, convicted persons are liable for payment of the documented costs of prosecution, including...

...At sentencing, the state referred the trial court to some paperwork regarding costs, but the paperwork is not in the record. The court imposed the $818.30, costs stating that the amount was the balance after the assessment against Munoz's co-defendant. Section 938.27(6), Florida Statutes, places the burden on the state to substantiate the amount of costs....

...Hill v. State, 845 So.2d 310 (Fla. 2d DCA 2003); Terry v. State, 791 So.2d 1162 (Fla. 1st DCA 2001). We affirm the convictions, strike the imposition of costs, and remand to provide the state an opportunity to comply with the procedural requirements of section 938.27....

...See Anderson v. State, 739 So.2d 601 (Fla. 2d DCA 1997) (stating that trial court need not orally pronounce mandatory costs). We affirm the crime prevention court cost. Finally, Mr. Bryant contests the imposition of a $150 prosecution cost pursuant to section 938.27....

...ed by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Department of Financial Services or the Office of Financial Regulation of the Financial Services Commission, if requested by such agencies.... § 938.27(1), Fla....

...Sheppard was to reimburse these two entities for their respective investigative costs. However, the trial court's restitution order fails to distinguish between restitution, governed by section 775.089, Florida Statutes (1997), and costs of conviction, governed by section 938.27, Florida Statutes (1997)....

...The Division of Insurance Fraud is not a "victim" in this case and cannot receive restitution. See Sam (Seam) v. State, 741 So.2d 1247 (Fla. 2d DCA 1999). As in Sam, the State is not precluded from seeking these costs on *749 remand provided it complies with section 938.27, Florida Statutes (1997)....

CLARK, J. Kimberly Hills challenges her convictions under section 893.13, Florida Statutes and the costs for the state attorney imposed by the trial court pursuant to section 938.27(8), Florida Statutes (2010)....

...We affirm the convictions and reject Hills’ challenge to the constitutionality of section 893.13. Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). Under the circumstances of this case, we also affirm the imposition of the $100.00 mandatory minimum costs under section 938.27(8)....

...nd agreed-upon sentence. Accordingly, while it is undisputed that the record contains no written or oral request by the state for the costs for the state attorney, clearly both parties were aware of the statutory mandatory minimum costs described in section 938.27(8), Florida Statutes....

...She preserved her challenge to the $100 court costs via these motions, and the trial court granted all the relief requested to correct the sentences except the $100 costs for the state attorney. Appellant seeks reversal of the $100 in state attorney costs under the language of section 938.27(1), which imposes liability upon all convicted persons for “the costs of prosecution, including investigative costs incurred by law enforcement agencies ......

...State, 662 So.2d 995 (Fla. 2d DCA 1995) (reversing costs of prosecution absent record request under predecessor section 939.01, Fla. Stat.). This requirement remained after the 2003 amendment to the statute. See Brown v. State, 963 So.2d 342 (Fla. 2d DCA 2007) (applying § 938.27(1), Fla. Stat. (2004)). Under the 2007 version of section 938.27, the state conceded error in Del Valle v....

...2d DCA 2010), where the trial court imposed prosecution costs “because the costs were not requested or announced at sentencing and no documentation was presented supporting the costs.” 26 So.3d at 651 . However, the Second District Court of Appeal noted that section 938.27(1) “was amended in 2008 to no longer require such costs to be documented.” Del Valle v. State, 26 So.3d at n. 1. The 2008 amendments to section 938.27(8) created mandatory minimum costs for the state attorney and removed the trial court’s discretion to impose these costs. The mandatory nature of the $100 “costs of the state attorney” under section 938.27(8) was recognized in Maestas v....

...Trial courts are now required to impose the costs of prosecution and investigation “notwithstanding defendant’s present ability to pay” and required to impose the costs of prosecution “in every judgment rendered against the convicted person.” Ch. 2008-111, § 44, Laws of Fla.; § 938.27(1) & (2)(a), Fla. Stat. (2010). Because section 938.27(8) does not pertain to “investigative costs” of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains. See Parker v. State, 44 So.3d 1190 (Fla. 1st DCA 2010); Vaughn v. State, 65 So.3d 138 (Fla. 1st DCA 2011). However, the mandatory provisions of section 938.27(8) and the other amendments restricting the trial judge’s discretion have negated any reason to require the state attorney to request the minimum costs for the state attorney....

...In this case, where the parties negotiated a plea and defense counsel acknowledged the mandatory costs for the state attorney in her description to the court of the bargain, the trial court did not commit error by imposing the $100 statutory minimum costs under section 938.27(8), Florida Statutes (2010) without a request from the state on the record and did not err by denying relief from these costs in Appel *929 lant’s motion to correct sentencing error under rule 3.800(2)(b), Florida Rules of Criminal Procedure....

...Davis challenges the assessment of (1) travel expenses for Ms. Curtsinger's children for both trials, and (2) the travel expenses for Ms. Curtsinger for the original trial. For the reasons discussed below, we affirm the trial court's order as to both issues. Section 938.27(1), Florida Statutes (2007), provides that the costs of prosecution shall be imposed against a convicted criminal defendant and entered in the judgment....

...2d DCA 1992) (noting judicial salaries, clerical and reportorial services, or juror reimbursements cannot be properly assessed as a cost of prosecution). Accordingly, the trial court has broad discretion to determine the amount and type of costs of prosecution to be assessed against a convicted person. See § 938.27(4), Fla....

...the mistrial because the mistrial was caused by judicial error. It is well settled that "a court lacks the power to impose costs in a criminal case unless specifically authorized by statute." Williams v. State, 596 So.2d 758, 758 (Fla. 2d DCA 1992). Section 938.27(1), Florida Statutes, allows for costs of prosecution to be assessed against a convicted defendant....

...We find the reasoning in these cases construing similar statutes to be persuasive, and therefore, find that a prosecution commences by either the filing of the indictment or the information. See § 775.15(4)(a), (b), Fla. Stat. (2007); Fleming v. State, 524 So.2d 1146, 1147 (Fla. 1st DCA 1988). Section 938.27(1), Florida Statutes (2007), provides that "convicted *810 persons" are liable for the "costs of prosecution," and that the costs "shall be included and entered in the judgment rendered against the convicted person." The language of section 938.27, Florida Statutes, does not limit the cost of prosecution to a single trial. Instead, it directs that the costs be included and entered in the judgment rendered against the convicted defendant. Id. Furthermore, section 938.27, Florida Statutes, is not punitive, but is compensatory in nature....

...ne, must also be reversed.”). The State concedes these charges must be stricken. The trial court also imposed a $250 public defender representation fee pursuant to section 938.29(1)(a), as well as $2,5247.79 for prosecution costs pursuant to section 938.27(8)....

...amount permitted by the statute. See Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017). The prosecution costs must also be stricken, as the State concedes, because the court imposed the costs without sufficient evidence of actual costs. See § 938.27(8), Fla....

...The trial court did not rule on the motion within 60 days; therefore, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B), (b)(1)(B). Under the version of the cost statute applicable to Del Valle, Del Valle is liable for documented costs of prosecution if the documented costs were requested by the prosecuting agency. See § 938.27(1), Fla....

...On remand, the trial court may reimpose the fees only if it provides Del Valle notice of its intent to do so and the opportunity to be heard at a hearing on the matter. See Bruno v. State, 960 So.2d 907, 907 (Fla. 2d DCA 2007). Affirmed in part, reversed in part, and remanded. ALTENBERND and SILBERMAN, JJ., Concur. NOTES [1] Section 938.27(1) was amended in 2008 to no longer require such costs to be documented....

...3.800(b)(2)(B). In his motion, Mr. Hayes alleged that the circuit court committed two errors. First, Mr. Hayes asserted that the circuit court improperly imposed investigative costs because no appropriate documentation of the costs imposed was provided. Section 938.27(1), Florida Statutes (2007), provides that "convicted persons are liable for payment of the documented costs of prosecution, including investigative costs incurred by law enforcement agencies." (Emphasis added.) The record on appeal do...

...ich were neither documented nor requested by the State and some of which were imposed without the necessary finding of ability to pay. More specifically: 1. Condition 21 of the probation order assesses $260.00 for the cost of prosecution pursuant to section 938.27, Florida Statutes (2003)....

...State, 705 So.2d 1050, 1051 (Fla. 5th DCA 1998), approved, 716 So.2d 766 (Fla.1998); Harris v. State, 698 So.2d 343 (Fla. 5th DCA 1997). We also vacate the above-described conditions 21, 22 and 23, but remand for reimposition of the costs if the requirements of sections 938.27(1) and 939.18 can be met....

...es (2009), and the related surcharges imposed pursuant to sections 938.04 ($10) and 938.06 *1187 ($20) because these amounts were not separately orally pronounced at the sentencing hearing; the $50 prosecution investigative costs imposed pursuant to section 938.27 because there was no evidence that the costs had been requested by the State; and the $100 indigent legal assistance fee imposed pursuant to section 938.29(1) because Appellant was not given notice of his right to challenge the amount of the fee....

...conduct and thus a single violation of the applicable statutes (as the trial court determined). The second issue is whether the trial court erred by declining to assess the police investigative costs as part of the judgment of conviction pursuant to section 938.27(1), Florida Statutes (2007)....

...t noted, based on Dominguez's record with the county and military (although that question is not presently before us), but the dismissal of separately-chargeable offenses is not a permissible means to the same end. Regarding the investigative costs, section 938.27, Florida Statutes (2007) provides that such costs "shall" be included in the judgment of conviction....

...In Cook, this court held that imposing a public defender fee without considering the defendant's financial resources is proper because section 938.29, Florida Statutes (2003), does not require consideration of a defendant's ability to pay. In contrast, section 938.27(5), Florida Statutes (2002) (the version in effect on March 30, 2003, the date of Thibault's offenses), expressly requires the court to consider "the financial resources of the defendant" in imposing investigative costs....

...See Griffin v. State, 946 So.2d 610, 614-15 (Fla. 2d DCA 2007). On remand, the $152 surcharge and the $65 cost shall be stricken. The third item challenged by Clark is $150 and $130 in prosecution and sheriff's investigative costs imposed pursuant to section 938.27, Florida Statutes (2002). *913 Clark alleges two errors with respect to these costs: that there was no request for costs from the two relevant agencies, see § 938.27(1), and that the court failed to consider Clark's financial resources and ability to pay, see § 938.27(5). [2] Our precedent requires that costs imposed under the 2002 version of section 938.27 be stricken when either of these conditions has not been satisfied....

...2d DCA 2002) (no request for costs); Thibault v. State, 945 So.2d 646, 647 (Fla. 2d DCA 2006) (court's failure to inquire into defendant's financial resources). On remand, the court shall strike the two costs but may reimpose them if the requisites of section 938.27, Florida Statutes (2002), are satisfied, in particular the requirements that the agencies request the costs and provide supporting documentation [3] and that the court considers Clark's financial resources and ability to pay....

...Reversed and remanded; conflict certified. DAVIS and WALLACE, JJ., Concur. NOTES [1] The statute actually imposes a surcharge of $151. [2] The second requirement was deleted effective July 1, 2003. See ch.2003-402, §§ 127, 155, Laws of Fla. [3] The 2002 version of section 938.27 provides that investigative costs shall be assessed "if requested and documented" by the relevant agencies....

...el fees require the state or county to prove the actual costs incurred. See, e.g., Bennett v. State, 686 So.2d 810 (Fla. 4th DCA 1997); Ruffin v. State, 652 So.2d 1287 (Fla. 4th DCA 1995); Smith v. State, 401 So.2d 1176 (Fla. 1st DCA 1981). Further, section 938.27(1), Florida Statutes (1999), dealing with a judgment for costs of prosecution against a criminal defendant, requires the agency seeking costs to document its actual costs....

...First, in order to prove actual costs, the County need only document—likely in the form of an affidavit—the time spent and expenses incurred by the sheriff's office in returning the defendant from the county of arrest to the county holding the arrest warrant. This is no more than what is already required by section 938.27(1), Florida Statutes (1999), for collecting costs of prosecution....

...Because he failed to file a motion to withdraw his plea or to reserve any dispositive issue, we affirm without discussion his argument that the trial court erred in accepting his guilty plea. We agree, however, with Mr. James's contention that the trial court erred in imposing certain costs under sections 938.27(1) and 939.18, Florida Statutes (2002), as he asserted in a timely motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court imposed $150 for costs of prosecution and $130 for investigatory costs pursuant to section 938.27 without any agency request or supporting document or a finding of the defendant's ability to pay. This was error. See § 938.27(1), (5); Ortiz v....

...not orally imposed at sentencing. 1 The State has conceded error as to the costs and fees. With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. See § 938.27(1) & (4), Fla....

...The statute required Florida counties to make annual statements of certain revenues and expenditures to the Chief Financial Officer and did not authorize the imposition of this cost against Love. Accordingly, this cost must be stricken. The trial court imposed $25 in investigative or prosecution costs pursuant to section 938.27, Florida Statutes (2003). Such costs shall be imposed if requested by the appropriate agencies. See § 938.27(1)....

...(This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order....

...Accordingly, we reverse the withhold of adjudication for introduction of a firearm into a detention facility. III. THE COST OF PROSECUTION Concerning the $100 cost of prosecution, the State correctly concedes that this cost could not be imposed pursuant to section 938.27, Florida Statutes (2013). See D.A. v. State, 11 So.3d 423, 424 (Fla. 4th DCA 2009) (holding that it was error to impose the cost of prqsecution pursuant to section 938.27, Florida Statutes (2007), which applies to “convicted persons” in “criminal cases,” because a juvenile who has been adjudicated delinquent has not been “convicted” and is not a “criminal”)....

...The legislature has since amended section 985.032, Florida Statutes (2013), to provide that “[a] juvenile who has been adjudicated delinquent or has adjudication of delinquency *526 withheld shall be assessed costs of prosecution as provided in s[ection] 938.27.” But this amendment did not take effect until July 1, 2013, see 13-112, § 3, at 1487, Laws of Fla., which was after J.J....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

PER CURIAM. In this appeal from a juvenile disposition, the State concedes that the trial court erred by assessing costs of prosecution. See D.A. v. State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts to impose costs of prosecution on a juvenile adjudicated delinquent)....

...Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this appeal from a juvenile disposition, the State concedes that the trial court erred by assessing costs of prosecution. See D.A. v. State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts to impose costs of prosecution on a juvenile adjudicated delinquent)....

...State, 901 So.2d 310 (Fla. 2d DCA 2005). Boyd's counsel correctly argues that the trial court's imposition of $128 in investigative costs was erroneous because there is no evidence in the record of a request or supporting documentation from the investigating agency. See § 938.27(1), Fla....

...State, 84 So.3d 424, 426 (Fla. 1st *640 DCA 2012). Although the trial court described the “juror costs” as mandatory, it provided no statutory authority for this proposition, and “costs of judicial administration” are not included in the costs of prosecution under section 938.27(1), Florida Statutes....

...here, it was erroneous to require the defendant to pay this cost. This cost must be stricken, but on remand, the State shall have an opportunity to obtain the appropriate documentation under section 939.01(1), Florida Statutes (1995) (renumbered as section 938.27 and amended, effective July 1, 1997)....

...M. In this appeal from a juvenile disposition, the State concedes that the trial court *429 erred by assessing costs of prosecution. See S.D.J. v. State, 21 So.3d 140 (Fla. 5th DCA 2009); D.A. v. State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts to impose costs of prosecution on juvenile adjudicated delinquent)....

...State, 920 So.2d 764, 765 (Fla. 2d DCA 2006); Hill v. State, 845 So.2d 310, 310 (Fla. 2d DCA 2003); Tucker v. State, 832 So.2d 840, 840 (Fla. 2d DCA 2002). Because the State failed to meet its burden of demonstrating the amount of costs incurred as required by section 938.27(4), Florida Statutes (2004), we strike the $80 costs of prosecution and remand to the trial court with directions that such costs may be reimposed following the State's production of the required documentation....

...The defendant’s convictions and sentences were affirmed on direct appeal. Martinez v. State, 56 So.3d 22 (Fla. 5th DCA 2011). The State thereafter filed a motion to tax the costs of extraditing the defendant from Pennsylvania to Florida as costs of prosecution under section 938.27, Florida Statutes (2011)....

...at 99 , 118 S.Ct. 488 (citation and quotation marks omitted). Thus, in determining whether extradition costs constitute criminal punishment, we focus on the authorizing statutes. Extradition costs are imposed and enforced as costs of prosecution under sections 938.27 and 938.30....

...Several attributes of this statutory mechanism indicate that the Legislature intended these costs of prosecution to constitute a criminal sanction. Importantly, the sanction applies “[i]n all criminal and violation-of-probation or community-control cases.” § 938.27(1). In addition, if the defendant is placed on probation, the court must include payment of these costs as a condition of probation, and failure to pay is a ground for revocation. § 938.27(3); cf....

...Unlike the invalid original sentence in Dunbar , here the original sentence was not rendered invalid by the trial court's *880 failure to include costs the State had yet to request. . Payment of costs of prosecution may be enforced by, among other methods, reducing them to a civil judgment. See §§ 938.27(5), 938.30(6), (12); cf....

...��s claim that the trial court erred in assessing investigative costs. We affirm Appellant’s judgments and sentences without further comment, but we reverse the imposition of investigative costs and remand for correction of the order of probation. Section 938.27, Florida Statutes (2008), authorizes trial courts to impose costs of investigation on criminal defendants. Section 938.27(4) provides, “Any dispute as to the proper amount or type of costs shall be resolved by the court by the preponderance of the evidence....

...Broadnax was convicted of robbery, occurring on March 22, 2001, and sentenced to life in prison. We affirm the judgment and the prison sentence. We reverse only to the extent that certain costs were improperly imposed. *161 Broadnax first argues that the trial court erred in imposing an $80 cost pursuant to section 938.27, Florida Statutes (2000), because the trial court did not determine whether Broadnax was able to pay this cost. This cost was not orally imposed. We agree that the $80 cost must be stricken because under the 2000 version of section 938.27(5), the trial court was required to consider "the financial resources......

...Durden, Judge. January 9, 2026 GANNAM, J. Miosotis Irizarry appeals her judgment and sentence asserting two grounds for reversal, one of which we address. The trial court’s Monetary Obligations Order imposed “Additional SAO Costs of Prosecution Fees” of $150 under section 938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost minimum for felony offenses, without the State’s “showing of sufficient proof of higher costs incurred.” The State concedes the error, and we agree....

...As to fees and costs, Appellant challenges three assessments in the written judgments and sentences for each of the six cases: a discretionary fine pursuant to section 775.083(1), Florida Statutes ; a surcharge pursuant to section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section 938.27(1), Florida Statutes....

...Regarding the Sheriff's Office Investigative Cost, the State argues that, although there was no request on the record for the imposition of this cost in any of the cases, affirmance is proper because the arrest report in each case showed the actual cost incurred. We disagree. Section 938.27(1), Florida Statutes, expressly provides that "convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies ......

...At the sentencing hearing, the trial court ordered "court costs, cost of prosecution, and cost of investigation payable to the Manatee County Sheriff's Office." The final judgment for fines and costs includes $100 for "State Attorney Costs of Prosecution pursuant to F.S. 938.27(8)" and $200 for "Prosecution/Investigative Costs per 938.27, Fla....

...The trial court granted Villecco's rule 3.800(b) motion in part— striking the public defender fee—but denied the balance of the motion without further explanation. The $100 State Attorney costs were mandatory and thus properly imposed. See § 938.27(8), Fla....

...(2022) ("Costs for the state attorney must be set in all cases at . . . no less than $100 per case when a felony offense is charged . . . ."); Parks v. State, 411 So. 3d 414, 419 (Fla. 2025). However, the $200 investigative costs for the Manatee County Sheriff's Office under section 938.27(1) were discretionary and were not orally imposed by the trial court or supported by evidence from the State....

...The $200 amount first appeared in a handwritten notation on an amended "cost worksheet," and then it appeared on the official final judgment for fines and costs, signed by the trial judge. 2 minimum amount set by statute[, such as investigative costs provided for in section 938.27(1),] will have to be requested—and established—by the State."); Allen v....

...ourt erred in denying his motion for dismissal at the conclusion of the evidence portion of the trial. As to that issue, we affirm without further discussion. A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.27, Florida Statutes (2009), in the amount of $150. We agree. It is clear that section 938.27 does not authorize the imposition of costs of prosecution in delinquency cases, and the State concedes that imposition of these costs is error....

...We find merit only in Ubertaccio's counsel's argument that certain costs were improperly imposed and must be stricken. Ubertaccio properly preserved the costs issue by filing a motion to correct sentencing error. The trial court improperly imposed the following costs: (1) $25 cost of prosecution imposed pursuant to section 938.27, Florida Statutes (2003), which must be stricken pursuant to Reyes v....

...PETERSON, J. John Michael Pagliuca challenges the trial court's imposition of $250.00 for the costs of prosecution and the requirement that he enroll in a probationers' educational growth program pursuant to a special condition of his community control. Section 938.27(1), Florida Statutes (2002), allows the trial court to impose the costs of prosecution "if requested and documented....", but in Pagliuca's case, the State presented no documentation....

...James Lamars Brown appeals his convictions and sentences for armed trespassing and aggravated battery with a deadly weapon. We affirm Brown's convictions without comment but strike certain costs imposed by the trial court. The State concedes that the trial court erred in imposing $25 in costs of prosecution pursuant to section 938.27(1), Florida Statutes (2004), because the State failed to request or provide documentation to support the cost....

...1st DCA 2013) (holding that the $20 cost imposed pursuant to section 938.06(1) is mandatory whether or not a fine is imposed for offenses committed after the July 1, 2010, effective date of the amendment to the statute). We also conclude that the $100 cost imposed pursuant to section 938.27(8), Florida Statutes, must be stricken given that the offense was committed prior to the effective date of the 2008 amendment which imposed a mandatory cost of no less than $100 when a felony offense is charged. See Massengale v. State, 69 So.3d 1095, 1095 (Fla. 1st DCA 2011) (accepting the appellant’s argument that the trial court erred in imposing the mandatory $100 cost of prosecution pursuant to the 2008 version of section 938.27(8) because the appellant’s offenses were committed before the amendment’s effective date); see also Hills v. State, 90 So.3d 927, 928 (Fla. 1st DCA 2012) (noting that while the imposition of the costs of prosecution pursuant to section 938.27 was historically discretionary and, therefore, required a request by the State for such costs, the 2008 amendment removed the trial court’s discretion to impose the costs and created mandatory minimum costs)....

CASANUEVA, Judge. Affirmed. See § 985.032(2), Fla. Stat. (2013) (“A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in [section 938.27, Florida Statutes (2013)].”)....

of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2021). Here, the statutory mandatory

...Simon, Jr., Judge. September 25, 2024 PER CURIAM. Richard J. Smith appeals his judgment and sentence following the denial of a motion to withdraw plea. Based on our review of the record, we affirm. * Further, we affirm the trial court’s imposition of costs under section 938.27(8), Florida Statutes....

...(This provision refers to the optional fíne for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) _ A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs)....

...1st DCA 2012); Swift v. State, 53 So. 3d 394 (Fla. 2d DCA 2011). Similarly, the additional cost imposed pursuant to section 938.10(1), Florida Statutes (2007), must be reduced from $151 to $101. Finally, the $100 mandatory cost of prosecution pursuant to section 938.27(8), Florida Statutes (2008), must be stricken because appellant’s offenses were committed before July 1, 2008, the effective date of the authorizing statute. 2 Sims v....

...ORDINANCES §§ 34-7, 34-9 (authority for up to $374 in costs). The remaining $82 in costs was imposed in error. While it is not clear what the additional $82 in costs covered, two of the other provisions listed in the trial court’s order—sections 938.27 and 318.18(18)—do not apply to this case. Under section 938.27, a trial court may assess a minimum of $50 in prosecution costs for a misdemeanor, but the State is required to request such costs (which it did not do here), and the State is further required to demonstrate a factual basis for assessing costs above the $50 minimum (which it also did not do here)....

...2d 974, 975 (Fla. 1st DCA 1996) (holding that authority for a court cost imposed in a criminal case must be cited in trial court’s written order). To the extent the unaccounted-for sum of $82 in court costs consists of prosecution costs under section 938.27, the costs may 2 not be re-imposed on remand....

$50.00 for investigative costs pursuant to section 938.27(1), Florida Statutes (2023), because the State

...California, 386 U.S. 738 (1967). all respects, except as to the $150 cost of prosecution imposed in the written judgment. Although the State requested the sum of $150, it offered no proof that costs in excess of $100 had been incurred, thereby failing to comply with section 938.27(2)(c)(8), Florida Statutes (2022)....

...o sentencing, or in a 3.850 motion filed thereafter. 3 AFFIRMED. THOMPSON, CJ., and COBB, J., concur. . Seminole County Case Nos. 93-3501, 93-3546, 93-3547, 93-3548, 93-3551, 93-3552, 93-3553, 93-3554, 93-3580, 93-3588, and 93-3590. . See generally, § 938.27(1), Fla....

371 So. 3d 392, 393 (Fla. 1st DCA 2023) (“Section 938.27(8) establishes a minimum ‘[c]osts for the state

We first discuss the investigation cost. Section 938.27(1), Florida Statutes (2021), provides that

...Butson, Assistant Attorney General, Tallahassee, for Appellee. October 8, 2024 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393-94 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J....

...sentence, but we conclude that the State has not made a showing * Anders v. California, 386 U.S. 738 (1967). justifying the imposition of a cost of prosecution in excess of $100, and the $150 cost of prosecution should therefore be stricken. See § 938.27(8), Fla....

...See § 938.08, Fla. Stat. (2017). On remand, the trial court shall enter an amended cost judgment that omits the third domestic violence surcharge assessment, and the court shall either assess the mandatory minimum cost of $100 for the cost of prosecution under section 938.27, or hold an evidentiary hearing with proper notice that provides Appellant with an opportunity to be heard if the court intends to impose a cost in excess of the minimum $100 for the cost of prosecution....

...Shippy, Assistant Attorney General, Tallahassee, for Appellee. October 8, 2024 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J....

these costs on remand provided it complies with section 938.27, Florida Statutes (1997). Reversed and remanded

...(This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order....

...We strike the minimum mandatory provision from the written sentence. As to the second issue, the trial court imposed prosecution and investigating costs in favor of the Sheriff. The State also correctly concedes that this was error. To impose costs under section 938.27, Florida Statutes (2003), the agency expending the costs must specifically request reimbursement and provide documentation to the court....

...lity. -6-  III. THE COST OF PROSECUTION Concerning the $100 cost of prosecution, the State correctly concedes that this cost could not be imposed pursuant to section 938.27, Florida Statutes (2013). See D.A. v. State, 11 So. 3d 423, 424 (Fla. 4th DCA 2009) (holding that it was error to impose the cost of prosecution pursuant to section 938.27, Florida Statutes (2007), which applies to "convicted persons" in "criminal cases," because a juvenile who has been adjudicated delinquent has not been "convicted" and is not a "criminal").3 Thus, we reverse the disposition order; o...

...The legislature has since amended section 985.032, Florida Statutes (2013), to provide that "[a] juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s[ection] 938.27." But this amendment did not take effect until July 1, 2013, see 13- 112, § 3, at 1487, Laws of Fla., which was after J.J....

...Appellant subsequently filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), alleging sentencing error; this motion was not addressed by the trial court and is now before us as part of the appeal. Appellant argues: (1) the court could not impose investigative costs under section 938.27, Florida Statutes (2019), because the investigating agency did not make a request for such costs, either on its own or through the State; (2) the court erred in imposing costs of prosecution in excess of $100 where the State did not re...

...3d 533, 534 (Fla. 2d DCA 2015) (“A rule 3.800(b)(2) motion is the appropriate mechanism to seek relief from the erroneous imposition of costs.”). B. The trial court erred in imposing certain costs and fees (1) Investigative costs of $50. Although section 938.27(1), Florida Statutes (2019), provides that “[i]n all criminal ....

...ernal citation omitted) (quoting Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017))). The State has conceded that it has no objection to this cost being stricken. 4  (2) Prosecution costs of $200. Section 938.27(8) states that “[c]osts for the state attorney must be set in all cases at no less than . . . $100 per case when a felony offense is charged,” and “[t]he court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” Id. It is the State’s burden to prove the costs incurred by the prosecution. § 938.27(4), Fla....

...and present proof of the higher costs. In Richards, the Florida Supreme Court declared “[g]enerally, a party does not get the proverbial ‘second bite at the apple’ when it fails to satisfy a legal obligation the first time around,” and further noted that section 938.27(1) creates a legal obligation on the State to request investigative costs prior to the judgment being entered. 288 So....

...ative costs had passed.” Id. The State’s request for a “second bite at the apple” in the instant case is seemingly at odds with the holding in Richards. The State argues that the different treatment is premised on the difference between section 938.27(1) (“[C]onvicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies . . . if requested by such agencies.”) and section 938.27(8) (“The court may set a higher amount [of costs for the state attorney] upon a showing of sufficient proof of higher costs incurred.”)....

...2 2 The State argues that Desrosiers held that, on remand, “a trial court could reimpose discretionary fees above the mandatory amounts assessed for prosecution costs and court costs . . . .” In our pre-Richards opinion in Desrosiers, under the heading “Court Costs,” we discussed both section 938.27(8) prosecution costs and section 938.05(1) court costs and stated “[o]n remand, courts may reimpose discretionary costs if they are supported by the requisite factual findings....

...As detailed above, the Florida Supreme Court in Richards stated that “[g]enerally, a party does not get the proverbial ‘second bite at the apple’ discretionary costs” were addressing discretionary assessments for prosecution costs and/or public defender fees under sections 938.27(8) and 938.29(1), respectively....

...That left this matter for appellate review and a remand that will require additional expenditure of time and resources of both parties and the trial court. The alternative is for our supreme court to address whether the holding in Richards can be applied to costs and fees beyond section 938.27(1)’s investigatory fees....

...Thus, under the authority of Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we certify the following questions to be of great public importance: (1) Is the State entitled to a second opportunity to establish discretionary prosecution and public defender fees and costs established by sections 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed by the trial court upon a defendant without having been requested or properly supported at sentencing? (2) Is the State en...

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains”)....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

...1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’ of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains.”)....

...738 (1967). Mercado argues that the court improperly imposed $100 in prosecution/investigative costs. We affirm Mercado's judgment and sentence in all respects except we remand for the trial court to strike the $100 in prosecution/investigative costs because the plain language of section 938.27(1), Florida Statutes (2016), requires that the costs be requested and there is no such request on the record before us....

...igation. The trial court ordered Defendant to pay these costs. This appeal timely follows. 1 Analysis The Trial Court Erred When it Imposed a $200 Prosecution Cost As for the $200 prosecution cost, section 938.27(8), Florida Statutes (2021), provides: “Costs for the state attorney must be set in all cases at . . . no less than $100 per case when a felony offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2021). “The burden of demonstrating the amount of costs incurred is on the state attorney.” § 938.27(4), Fla....

...The trial court failed to rule on the motion within 60 days, which constitutes a denial. See Kee v. State, 385 So. 3d 139, 139 (Fla. 4th DCA 2024). 2  The Trial Court Erred When it Awarded a $50 Investigative Cost Section 938.27(1), Florida Statutes (2019), authorizes the payment of investigative costs. § 938.27(1), Fla....

...See Allen v. State, 172 So. 3d 523, 524-25 (Fla. 4th DCA 2015). With respect to the costs of prosecution, the appellant acknowledges that a trial court may impose a cost of prosecution greater than $100, but he argues that the trial court did not comply with section 938.27, Florida Statutes (2017), which requires factual findings based on evidence supporting the imposition of such costs. See Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019); § 938.27(8), Fla....

...not ruled on, and thus is deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). First, the trial court orally pronounced $50 for investigative costs, absent any request by law enforcement agencies or by the state on their behalf. That was erroneous. See § 938.27(1), Fla....

...requested by the State. The State concedes the court erred and agrees the costs judgment must be reversed. But the State also argues the court may reimpose the prosecution cost on remand if it makes the required factual findings.  We agree with the State. First, section 938.27(8), Florida Statutes (2021), provides: “Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...Butson, Assistant Attorney General, Tallahassee, for Appellee. October 1, 2024 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v, State, 371 So. 3d 392, 393 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing conflict with D.L.J. v....

...1 We specifically note that any argument that the trial court’s assessment of prosecution costs was improper also lacks merit. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021) (explaining that assessment of prosecution costs pursuant to section 938.27, Florida Statutes, need not be supported by evidence if the defendant affirmatively agrees to pay the requested amount); Watts v. State, 973 So. 2d 1271, 1273 (Fla. 2d DCA 2008) (concluding that stipulation to payment of specific amount of costs pursuant to section 938.27, Florida Statutes, waives entitlement to any further hearing on such costs). Affirmed. CONNER, KUNTZ and ARTAU, JJ., concur. 1 See Anders v....

costs. Investigative costs imposed under section 938.27, Florida Statutes (2018), must be requested

PER CURIAM. In this appeal from a juvenile disposition, the State concedes that the trial court erred by assessing costs of prosecution. See D.A. v. State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts to impose costs of prosecution on a juvenile adjudicated delinquent)....

...of the charged crimes involving the firearm and found guilty of the lesser- included offenses without the firearm. He relies on Leyritz to support his position. The State responds that Leyritz actually supports the court’s imposition of costs. Section 938.27(1), Florida Statutes, states, in part: In all criminal ....

...The court shall include these costs in every judgment rendered against the convicted person. . . . “[C]onvicted” means a determination of guilt, . . . which is a result of . . . trial, . . . regardless of whether adjudication is withheld. § 938.27(1), Fla....

...Williams, Assistant Attorney General, Daytona Beach, for Appellee. November 22, 2024 PER CURIAM. Appellant raises a single issue in her appeal: can the trial court order a defendant to pay the minimum statutorily prescribed cost of prosecution pursuant to section 938.27(8), Florida Statutes (2024), if the State does not specifically request same? We answered this question in the affirmative in O’Malley v....

...each, for Appellee. November 22, 2024 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J....

...The award of costs was an abuse of discretion because the costs were not “reasonably and necessarily related to the prosecution of the crime for which appellant was convicted.” Diodato v. State, 150 So. 3d 867, 868 (Fla. 4th DCA 2014) (quoting Leyritz v. State, 93 So. 3d 1156, 1158 (Fla. 5th DCA 2012)); see also § 938.27(1), Fla....

...fenses. On appeal, appellant argues that because the state neither requested nor proved that it had expended more than $100 in funds to prosecute her, it was error for the circuit court to have imposed the $200 prosecution cost. “[S]ection 938.27, Florida Statutes, mandates that costs of prosecution shall be set at no less than $100 per case when a felony offense is charged, . . . and that [t]he court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” Kelly v. State, 284 So. 3d 565, 565 (Fla. 4th DCA 2019) (quoting § 938.27(8), Fla. Stat. (2018)) (internal quotation marks omitted); § 938.27(8), Fla....

agency did not request them as required by section 938.27(1), Florida Stat*1277utes (2003). The record

...each, for Appellee. November 15, 2024 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J....

...violated numerous conditions of his probation. Ultimately, King admitted to violating certain of those conditions and was sentenced to 91.2 months in state prison, as required by the sentencing guidelines. The court also imposed the $100 cost of prosecution contemplated by section 938.27, Florida Statutes. Pertinent here, during the hearing in which King admitted his violation of probation and was sentenced, the trial court noted King’s prior record, which includes five prior armed robberies, and the prior sentence imposed in 2021 for King’s robbery by sudden snatching....

...2006)) (“Generally, an appellate court reviews a trial court’s ruling on the admissibility of evidence for an abuse of discretion.”).  Appellant also raises two issues challenging the trial court’s imposition of costs of prosecution under section 938.27(8), Florida Statutes (2016), and denials of her motions to correct these portions of her sentence under rule 3.800(b), Florida Rules of Criminal Procedure....

...prosecution costs without having made factual findings supporting the imposition. Thus, the juvenile did not waive his right to appeal. On the merits, section 985.032(2), Florida Statutes (2020), provides that juveniles are to be assessed prosecution costs pursuant to section 938.27, Florida Statutes (2020). Section 938.27(8) provides: Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor … offense is charged, … including a proceeding in which the underlying offense is a violation of probation …. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. § 938.27(8), Fla. Stat. (2020). Further, the state bears the burden of demonstrating the costs incurred. § 938.27(4), Fla....

...for trafficking in cocaine. We affirm Smith’s conviction and sentence; however, we remand this case to the trial court for review of the issue of investigative costs. As part of Smith’s sentence, the trial court imposed $100 in costs pursuant to section 938.27(1), Florida Statutes (1999), for investigative costs allegedly incurred by the Manatee County Sheriffs Office. Section 938.27(1) authorizes the trial court to impose costs for investigation by law enforcement agencies “if requested and documented by such agencies.” § 938.27(1), FlaStat.- (1999)....

...first receiving a request from the State. This Court has recently explained that “the [$100] cost for the state attorney is a minimum cost that is mandated by subsection (8) and not an ‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by the agency.” Parks v....

...ty to pay before imposing the costs. The trial court denied the motion, stating: The record reflects that supporting documentation was provided for the investigative costs via the arrest affidavit filed in this case.... Additionally, the language of section 938.27, Florida Statutes, indicates that imposition of investigative costs is mandatory. Section 938.27(4) also indicates that the defendant has the burden of proving his financial resources and needs, but need prove these only if the amount or type of costs is disputed....

...t of $520. However, the trial court erroneously relied on the current version of the statute in ruling on Negron’s assertion that the trial court failed to consider his ability to pay. On appeal, Negron argues that, pursuant to the 2000 version of section 938.27, Florida Statutes, the trial court had to specifically ask whether Negron had the ability to pay before imposing the costs. Subsection (5) of the 2000 version of section 938.27 requires the court to “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 *515 deems appropriate.” Section 938.27 was amended effective July 1, 2003, 1 and the current version of the statute omits the requirement that the court consider the financial resources, needs, and earning ability of the defendant. See § 938.27, Fla....

...We conclude that the trial court implicitly recognized, and thus “considered,” Negron’s lack of ability to pay by imposing the investigative costs as a judgment lien rather than requiring that they be paid within a specified period or in specified installments as authorized by subsection (3) of the 2000 version of section 938.27....

...to Florida Rule of Criminal Procedure 3.800(b)(2), alleging sentencing error; this motion was not addressed by the trial court and is now before us as part of the appeal. Appellant argues: (1) the court could not impose investigative costs under section 938.27, Florida Statutes (2019), because the investigating agency did not make a request for such costs, either on its own or through the State; (2) the court erred in imposing costs of prosecution in excess of $100 where the State did not re...

...3d 533, 534 (Fla. 2d DCA 2015) (“A rule 3.800(b)(2) motion is the appropriate mechanism to seek relief from the erroneous imposition of costs.”). B. The trial court erred in imposing certain costs and fees. (1) Investigative costs of $50. Although section 938.27(1), Florida Statutes (2019), provides that “[i]n all criminal ....

...on remand.” (alteration in original and internal citation omitted) (quoting Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017))). The State has stated that it has no objection to this cost being stricken. (2) Prosecution costs of $200. Section 938.27(8) states that “[c]osts for the state attorney must be set in all cases at no less than ....

...(3) Court costs of $418. The trial court also assessed $418 in court costs. We have held: In a criminal case, a trial court[] must assess a $100.00 fee in prosecution costs and a $225.00 fee where the defendant is convicted of a felony. See §§ 938.27(8), 938.05(1), Fla....

...e costs of extradition. Bass contends that this cost should be stricken because the request was not made in writing with documentation of the cost. We disagree. The costs of extradition — considered discretionary costs of prosecution authorized by section 938.27(1) — may be validly imposed if the State expressly requests them and the defendant has notice before sentencing....

...nt to section 939.18; and a $22 fine pursuant to section 775.083. See Reyes v. State, 655 So.2d 111, 115 (Fla. 2d DCA 1995). In addition, the trial court improperly imposed investigative costs of $100 and $30 without the requisite documentation. See § 938.27(1), Fla....

...Davenport, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.  In this Anders1 appeal, we affirm Javaughn Skinkle’s judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State....

DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing

...appeals his judgment and sentence, which stems from the revocation of his probation for a new law violation. Moultrie argues the trial court erred in denying a dispositive motion to suppress, which led to the revocation, and in imposing a $100 cost under section 938.27(8), Florida Statutes, at sentencing. We affirm the judgment and sentence. Further, the trial court’s imposition of the $100 cost under section 938.27(8) was mandatory, and therefore appropriate....

...3.800(b) motion.”); Anglin v. State, 369 So. 3d 1167, 1168 (Fla. 4th DCA 2023) (“An error in restitution is a sentencing error which may first be raised in a 3.800(b)(2) motion.”). Investigative costs may be assessed “if requested by [the investigating] agencies.” § 938.27(1), Fla....

denied. See Fla. R. Crim. P. 3.800(b)(2)(B). Section 938.27(1), Florida Statutes (2023), provides that

$100.00 if the charge is a felony offense. See § 938.27(8), Fla. Stat. (2018). Juveniles are also

...te’s proper concession of error in response to our Harrison or'der, 1 we reverse the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes, and the .$100 sheriffs investigative cost pursuant to section 938.27....

...sidered as law or evidence. Ibeagwa v. State, 141 So. 3d 246, 248 (Fla. 1st DCA 2014). Therefore, we find no fundamental error and affirm. Appellant also asserts that the trial court erred when it imposed a $100 cost of prosecution pursuant to section 938.27(8), Florida Statutes (2023), without a request from the State. The cost of prosecution imposed under section 938.27(8), Florida Statutes, is mandatory, which means it must be imposed; thus, there is no need for the State to request same....

...cocaine, but based on the state’s proper concession of error in response to our Harrison order,1 we reverse the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes, and the $100 sheriff’s investigative cost pursuant to section 938.27....

...3.800(b)(2)(B). The state concedes the prosecution costs assessment of $200 should be reduced to the statutory minimum of $100 because no evidence was presented to support the higher amount and the trial court did not orally pronounce the higher amount at sentencing. See § 938.27(8), Fla....

...and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...PER CURIAM. In this appeal from a juvenile disposition, the State concedes that the trial court *429 erred by assessing costs of prosecution. See S.D.J. v. State, 21 So.3d 140 (Fla. 5th DCA 2009); D.A. v. State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts to impose costs of prosecution on juvenile adjudicated delinquent)....

...3d DCA 2015). We agree that the basis for a $223 “MM cost” is unclear from the record and thus remand for clarification. Colebrook v. State, 320 So. 3d 787, 788 (Fla. 4th DCA 2021). We strike the $25 investigative costs because the state did not request such costs prior to the judgment. § 938.27(1), Fla....

...In accordance with Richards v. State, 288 So. 3d 574, 576-77 (Fla. 2020), the state is not permitted to seek this cost on remand. We reverse the $100 prosecution costs, because the state did not seek or prove costs above the statutory maximum of $50. § 938.27(8), Fla....

...Procedure 3.800(b)(2) on defendant’s motion to correct his sentence reducing the costs of prosecution assessed from $200 to $100. 1 On appeal, the defendant concedes error, because he admits he made no objection at sentencing to the imposition of these costs. Pursuant to section 938.27(8), Florida Statutes, a court shall impose $100 as the costs 1 Defendant filed an appeal and then filed a motion to correct a sentencing error (the prosecution costs) pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)....

...We accept the State's concession of error and reverse and remand in part, with instructions for the circuit court to enter an amended sentence that (1) strikes Mr. Witt's designation as a habitual felony offender and (2) imposes a corrected $100 cost of prosecution fee under section 938.27(8), Florida Statutes (2016). Additionally, following revocation the circuit court entered a new judgment in 2010-CF-1118....

...David John Rhodes appeals his judgment and sentence for DUI manslaughter. He raises three issues on appeal. As to the first two issues, we affirm without further comment. In his third issue, Rhodes argues that the trial court erred by imposing a $100 cost of prosecution under section 938.27, Florida Statutes, without first receiving a request from the State. But as this Court has recently explained, “the [$100] cost for the state attorney is a minimum cost that is mandated by subsection (8) and not an ‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by the agency.” Parks v....

prosecution cost above the $100 minimum set by section 938.27(8), Florida Statutes (2022), because, although

...for a withhold of adjudication and two years’ probation. Typically, this would have been the end of this prosecution. However, in this case, the Arcadia Police Department wanted to recover $100 from this indigent man as an investigative cost under section 938.27(1), Florida Statutes (1999)....

...iew the matter. The judges conferenced the case and concluded that, although the police department may not be entitled to recover general, unspecified overhead, they are entitled to recover the specifically identified $49.58 for salary expenses. See § 938.27(9), Fla....

...department purchase this questionable asset. If a public corporation engaged in this type of activity, its stockholders would be outraged at its lack of business acumen. We doubt the legislature envisioned that law enforcement agencies would invoke section 938.27(1) to pursue minimal costs of investigation for every minor arrest....

...judicial system to thwart his rights. If the legislature really wants to allow recovery for the costs that law enforcement incurs in typical arrests, it should consider creating a standardized statutory cost for the benefit of the arresting agency. Section 938.27(1) is cost-effective only in cases involving extensive investigations....

...'s Office. Negron was adjudicated guilty and sentenced by the trial court pursuant to a plea agreement on three felonies. Consistent with this agreement, the court reserved jurisdiction to determine the investigative costs at an evidentiary hearing. Section 938.27(1), Florida Statutes (2018), provides, in pertinent part, that in *1267 all criminal cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies if requested by such agencies. Investigative costs include the actual expenses incurred in conducting the investigation and prosecution of the criminal case and may also include the salaries of permanent employees. § 938.27(7), Fla....

...Stephen Randolph Putnam Jr., Assistant Attorney General, Daytona Beach, for Appellee. March 14, 2025 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672, 673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the state); see also Parks v....

..._____________________________ On appeal from the County Court for Escambia County. Kerra Smith, Judge. March 13, 2024 PER CURIAM. The lower court correctly denied Appellant’s rule 3.800(b)(2) motion to correct sentencing error. Section 938.27(8), Florida Statutes, requires trial courts to impose no less than $50 for the costs of prosecution in misdemeanor cases and no less than $100 in felony cases....

...To constitute “sufficient proof” there must be evidence of the higher fees or costs, and the trial court must make factual findings thereon. See Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017); Maestas v. State, 76 So. 3d 991, 993 (Fla. 4th DCA 2011). Section 938.27(1), Florida Statutes (2020), states that in all criminal cases, “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies.” There is no statutory minimum for an award of investigative costs. See § 938.27, Fla....

...ce. The court imposed a $200 cost of prosecution without evidence from the State to support the cost, nor an opportunity for appellant to object to the enhanced cost. The State concedes that the cost of prosecution should have been $100 pursuant to section 938.27(8), Florida Statutes (2021), because the State did not request a higher fee or provide proof of incurring higher costs....

...In fact, as represented in the state’s motion to be removed as a party in this appeal, “the State Attorney’s Office for the Nineteenth Judicial Circuit was not appointed to prosecute the contempt charge.” As such, the trial court could not impose costs of prosecution in this case. See § 938.27(8), Fla....

...1st DCA 2021); Jones v. State, 279 So. 3d 84 (Fla. 1st DCA 2019); and Hurry v. State, 978 So. 2d 854 (Fla. 1st DCA 2008). We agree with the trial court and affirm. Second, Hepburn claims that the court erroneously imposed costs of prosecution under section 938.27(8), Florida Statutes, because the State did not request imposition of such costs....

...Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee. June 24, 2025 PER CURIAM. AFFIRMED. See Parks v. State, 50 Fla. L. Weekly S120 (Fla. June 12, 2025) (holding “that the minimum ‘[c]osts for the state attorney’ mandated by section 938.27(8) must be imposed by the trial court even in the absence of a request by the State.”). EDWARDS, C.J., and MAKAR and SOUD, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla....

...Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.  In this Anders 1 appeal, we affirm Chaz Cummings’ judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State....

...Similarly, Conditions 8 and 9 are general conditions of probation because “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies” and “payment of any costs under this section shall be a condition of such probation.” § 938.27(1), (3), Fla. Stat....

...Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.  In this Anders1 appeal, we affirm appellant’s judgment and sentence with one exception. The trial court erred in assessing the sheriff’s $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State did not request such a cost....

...CANADY, J. In this case we consider whether certain minimum costs required by statute to be imposed on persons convicted of crimes may be imposed only when requested by the State. The costs in question are “[c]osts for the state attorney,” which section 938.27(8), Florida Statutes (2019), provides “must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged” and “$100 per case when a felony offense is charged.”  In the decision now on review, Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023), the First District Court of Appeal held that the minimum costs for the state attorney—as costs mandated by section 938.27(8)—could be imposed without a request by the State. Id. at 393. We accepted jurisdiction based on express and direct conflict with the decision of the Second District Court of Appeal in D.L.J. v. State, 331 So. 3d 227 (Fla. 2d DCA 2021), which—without considering section 938.27(8)—held that a request by the State for costs for the state attorney was required by another provision of the same statute—section 938.27(1), Florida Statutes (2019)—related to certain costs of prosecution. Id. at 228. Because we conclude that the unequivocal, specific direction of section 938.27(8) is controlling, we approve Parks and disapprove D.L.J. 1 I. The pertinent statutory provisions are subsections (1) and (8) of section 938.27, Florida Statutes (2019)....

...Rather, the Legislature enacted that language in 2008. See ch. 2008-111, § 44, Laws of Fla. Immediately prior to the 2008 amendments, subsection (8) merely addressed where “[c]osts that are collected by the state attorney” are to be deposited and how they are “to be used.” § 938.27(8), Fla....

...charges” and “duly sentenced as a habitual felony offender to 25 years in prison.” Parks, 371 So. 3d at 393. The trial court also “assessed [certain] costs and fines, including the minimum $100 state attorney cost of prosecution assessed per § 938.27(8).” Id. The trial court imposed this cost even though “[t]he State did not expressly request” it. Id. -4-  Petitioner then moved to correct alleged sentencing errors, including the $100 cost for the state attorney. That cost, Petitioner argued, was prohibited by subsection (1) of section 938.27 with its provision regarding the assessment of certain costs “if requested.” Petitioner relied largely on Brown v....

...ile a motion seeking relief from certain “sentencing errors,” including an “unaccounted- for sum of $82 in court costs.” 348 So. 3d at 32-33. At one point, Brown opined that the $82 in unidentified costs could not have been imposed under section 938.27. Id. at 33. But Brown undertook no analysis of the text of the statute. Brown simply reasoned that “[u]nder section 938.27, ....

...in investigative costs to the Daytona Beach Shores Police Department” even though the State never requested those costs. 288 So. 3d at 575 (emphasis added). The issue this Court addressed was “whether the State, on remand, [could] request [those] investigative costs pursuant to section 938.27(1).” Id. In answering in the negative, Richards at one point unremarkably stated that “[s]ection 938.27(1) requires that the State request investigative costs before a trial court can impose them.” Id....

...tion (8) of the statute. In any event, the trial court here rejected Petitioner’s reliance on Brown and Richards, ruling that the $100 minimum cost for the state attorney was properly imposed. The trial court recognized subsection (1) of section 938.27 but looked to the “[n]otabl[e]” 2008 amendment to “subsection (8) that mandates costs of -6- prosecution ....

...of $100.00 in felony cases.” The trial court concluded that its decision was “controll[ed]” not by the First District’s order in Brown but by the First District’s decision in Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012), which held that “[t]he 2008 amendments to section 938.27(8) created mandatory minimum costs for the state attorney and removed the trial court’s discretion to impose these costs.” Id....

...�not costs for the state attorney. The First District affirmed, holding that “the cost for the state attorney is a minimum cost that is mandated by subsection (8) and not an ‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by the agency.” Parks, 371 So. 3d at 392-93 (quoting § 938.27(1), Fla. Stat.)....

...attorney cost, subsection (8) does not include a request requirement like the one applicable to agency-investigative costs in subsection (1).” Id. at 393. The First District thus held “that the . . . minimum cost for the state attorney is mandatory under § 938.27(8) and need not be requested by the State.” Id....

... In D.L.J., the Second District held in part that “the imposition of a $100 cost of prosecution,” which “the State did not specifically request,” “was imposed in error and must be stricken.” 331 So. 3d at 228. Citing solely subsection (1) of section 938.27, the Second District adhered to its precedents that “held that the [express request] requirement applies to the [State Attorney’s Office] as well.” Id....

...3d 786 (Fla. 2d DCA 2018)). Those cited precedents, like D.L.J. itself, do not mention subsection (8) of the statute. III. The conflict issue is whether the minimum “[c]osts for the state attorney” set forth in section 938.27(8) may be imposed without a request by the State....

...This issue presents a discrete question of statutory interpretation. Our review is thus de novo. See Tomlinson v. State, 369 So. 3d 1142, 1146 (Fla. 2023). As outlined above, this case turns on the interplay between subsections (1) and (8) of section 938.27....

...These mandatory minimum costs by their very nature are not discretionary. And there is no need for proof to support the award of the mandatory minimum amount of costs. (An award that exceeds the mandatory minimum amount, of course, requires “sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...3d at 483 (relying on Davis). D.L.J. carried forward that erroneous reliance on Thomas. - 14 -  IV. We conclude that the minimum “[c]osts for the state attorney” mandated by section 938.27(8) must be imposed by the trial court even in the absence of a request by the State....

...imposing a $100 cost of prosecution sua sponte. As we have explained in Parks v. State, “the [$100] cost for the state attorney is a minimum cost that is mandated by subsection (8) and not an ‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by the agency.” 371 So....

...te fails to request such costs before the judgment. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020). In that instance, the State is not entitled to a second opportunity to request  investigative costs on remand because section 938.27(1), Florida Statutes (2022), requires that the request be made before judgment is entered....

...Second, the trial court imposed $150 that was identified as "Prosecution/Investigation Costs." However, the record does not reflect that the State asked for a higher cost of prosecution or for costs of investigation. Absent a specific request from the State, the maximum permissible cost for a felony prosecution is $100. § 938.27(8), Fla....

...PER CURIAM. In this Anders 1 appeal, we affirm Kelvin Berrios’s judgments and sentences but remand for the trial court to reduce the 1 Anders v. California, 386 U.S. 738 (1967). prosecution costs to the minimum amount authorized under section 938.27(8), Florida Statutes (2024). Section 938.27(8) requires a trial court to set prosecution costs at standardized amounts unless increased costs are established: Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. § 938.27(8), Fla....

...case. See id. at S122 (noting higher prosecution costs must be requested and established by the State). Thus, we remand for the trial court to reduce the imposed prosecution costs in each case to the standard minimum amount for felony charges: $100. § 938.27(8), Fla....

...In this Anders 1 appeal, we affirm Kenneth Wayne Townsend’s judgment and sentence. However, the Order/Final Judgment for Charges, Costs, & Fees includes a $100.00 “Cost of Investigation to ST JOHNS COUNTY SHERIFF’S OFFICE,” pursuant to section 938.27, Florida Statutes, which the State did not request, and the 1 Anders v....

PER CURIAM. In this Anders 1 appeal, we affirm Appellant’s judgment and sentence, but reduce the trial court’s assessment of $350 for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27, Florida Statutes (2008)....

...For these reasons, we affirm his conviction and sentence. The defendant correctly argues however the trial court erred in imposing $25 for investigative costs. Before a trial court can impose investigative costs, the defendant must be convicted of a crime and the investigative agency must request them. § 938.27(1), Fla....

...(This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order....

...Cory Wayne Driver appeals following a conviction for driving with a suspended license as a habitual offender. Based on our review of the record, we affirm the judgment and sentence. * Further, we affirm the trial court’s imposition of costs under section 938.27(8), Florida Statutes....

...t and sentence should be corrected to reflect the oral pronouncement. We affirm on all issues without further discussion with the following exception. The written final judgment directed Piechota to pay $50 in agency investigative costs under section 938.27, Florida Statutes (2022). This cost was not requested by the prosecutor on behalf of the agency as required by section 938.27(1)....

...$100 in costs of prosecution before the sentencing court assess such costs and certifying conflict with D.L.J. v. State, 331 So. 3d 227 (Fla. 2d DCA 2021)); Parks v. State, 371 So. 3d 392, 392–93 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing conflict with D.L.J., 331 So....

...sentence imposed thereon. However, because the trial court imposed a $245 investigative cost in the absence of a request by the State for that cost, we remand for entry of an amended costs judgment that does not include the $245 investigative cost. See § 938.27(1), Fla....

...prosecution, a $50 cost of investigation, a $3.50 clerk fee, and recording fees. We affirm as to the clerk fees and recording fees without further comment and write only to address the cost of prosecution and cost of investigation imposed in both cases. 1. Cost of Prosecution Section 938.27(8), Florida Statutes (2020), states that “[c]osts for the state attorney must be set in all cases at no less than ....

...“To constitute ‘sufficient proof’ there must be evidence of the higher fees or costs, and the trial court must make factual findings thereon.” Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). The State bears the burden of demonstrating the amount of costs incurred. § 938.27(4), Fla. Stat....

...(quoting Guadagno v. State, 291 So. 3d 962, 963 (Fla. 4th DCA 2020)). 3 Consistent with Bartolone and our prior precedent, we reverse the $200 cost of prosecution in both cases and remand for the trial court to impose a $100 cost of prosecution in accordance with section 938.27(8), Florida Statutes (2020), or to impose additional costs if sufficient findings are made. 2. Cost of Investigation Section 938.27(1), Florida Statutes (2020), provides that in all criminal cases “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies ....

...3d 297, 300 (Fla. 4th DCA 2019). 3 We certified questions of great public importance in Bartolone, including: “Is the State entitled to a second opportunity to establish discretionary prosecution and public defender fees and costs established by sections 938.27(1) and (8), Florida Statutes, and section 938.29(1)(a), Florida Statutes, that were imposed by the trial court upon a defendant without having been requested or properly supported at sentencing?” 2021 WL 4888429 at *5....

...State, 336 So. 3d 738 (Fla. 4th DCA 2022), we considered the imposition of identical costs. We adopt the rulings in Rivera here:  We strike the $25 investigative costs because the state did not request such costs prior to the judgment. § 938.27(1), Fla. Stat....

...In accordance with Richards v. State, 288 So. 3d 574, 576–77 (Fla. 2020), the state is not permitted to seek this cost on remand. We reverse the $100 prosecution costs, because the state did not seek or prove costs above the statutory maximum of $50. § 938.27(8), Fla....

...738 (1967). all respects, except as to the $50.00 cost of prosecution for the misdemeanor count imposed in the written judgment. The trial court imposed the minimum per case cost of prosecution in the amount of $50.00 for the misdemeanor count and $100.00 for the felony counts. See § 938.27(8), Fla. Stat. (2024). Section 938.27(8) states that the minimum cost is set per case based on whether a misdemeanor or a felony has been charged. Notably, the minimum costs are “per case,” not per charge....

...(This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order....

...*268 We reverse the imposition of investigative costs for the Seminole County Sheriff's Office in the amount of $156.76 and for the Sanford Police Department in the amount of $250.00, and the cost of prosecution in excess of $100.00 because there was no competent, substantial evidence to support those amounts. See § 938.27(7) - (8), Fla....

...*268 We reverse the imposition of investigative costs for the Seminole County Sheriff's Office in the amount of $156.76 and for the Sanford Police Department in the amount of $250.00, and the cost of prosecution in excess of $100.00 because there was no competent, substantial evidence to support those amounts. See § 938.27(7) - (8), Fla....

...1982) (explaining that “in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal ground for the objection, exception, or motion below”). Egan next argues that the trial court erroneously imposed a $100 cost of prosecution under section 938.27, Florida Statutes, without first receiving a request from the State....

...under Florida Rule of Criminal Procedure 3.800(b)(2). But as this Court has recently explained, “the [$100] cost for the state attorney is a minimum cost that is mandated by subsection (8) and not an ‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by the agency.” Parks v....

...State, 236 So. 3d 1159 (Fla. 1st DCA 2018), and the Fourth District Court of Appeal’s decision in Chambers v. State, 217 So. 3d 210 (Fla. 4th DCA 2017), on the issue of whether the State, on remand, can request investigative costs pursuant to section 938.27(1), Florida Statutes (2019)....

...At no point before the trial court entered the judgment did the State request that investigative costs be imposed on Richards. Following the judgment, Richards moved to correct his sentence, arguing that the trial court could not impose investigative costs because the State had not requested them, as required by section 938.27(1)....

...Richards seeks review of the Fifth District’s instruction on remand. -2-  Because the issue in this case ultimately turns on the interpretation of a statute, we review it de novo. City of Parker v. State, 992 So. 2d 171, 175-76 (Fla. 2008). Section 938.27(1) requires that the State request investigative costs before a trial court can impose them: In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of...

...By doing so, the Fifth District granted the State the forbidden second bite at satisfying the statute’s requirements. On this basis, we conclude that the Fifth District’s instructions were erroneous. The State maintains that the Fifth District’s instructions were correct because section 938.27(1) places no limits on the timing of a request for investigative costs....

...The first sentence of the statute articulates the conditions that the State must satisfy before a defendant becomes liable for investigative costs: the defendant must be convicted -4- of a crime, and the State must request these costs. § 938.27(1), Fla....

...3d 282, 284 (Fla. 2d DCA 2018))). If under the first sentence the State must request investigative costs to make a defendant liable for those costs, and if under the second sentence the requested costs must be “include[d] . . . in every judgment rendered,” § 938.27(1), Fla....

...There is a document labeled “Case History” which breaks the $919 costs down as follows: Felony Court Costs ($518.00) CF Crimes Against a Minor ($151.00) Clay County Sheriff’s Investigative Fund FS 938.27(7) ($100.00) Felony PD App Fee ($50.00) Felony PD Legal Assistance ($100.00). Appellant timely appealed and raised the cost dispute in a Florida Rule of Criminal Procedure 3.800(b)(2) motion which was not ruled on by the trial court within the 60-day time frame, rendering it denied. Appellant first claims that the trial court could not impose the $100 cost of prosecution which it orally announced during sentencing because the State did not request it. The relevant statute, section 938.27(8), Florida Statutes (2013), makes cost of prosecution mandatory at a minimum of $100 per case for felony cases. In Hills v. State, 90 So. 3d 927, 928 (Fla. 1st DCA 2012), the First District noted that “the mandatory provisions of section 938.27(8) and the other amendments restricting the trial judge’s discretion have negated any reason to require the state attorney to request the minimum costs [of prosecution] for the state attorney . . . . [thus], the trial court did not commit error by imposing the $100 statutory minimum costs under section 938.27(8), Florida Statutes (2010) without a request from the state on the record ....

...Neftali Dominguez Zenon appeals his conviction and life sentence. We affirm without discussion in part and reverse in part. We reverse on two issues. First, the circuit court’s written cost order included a $200 cost of prosecution pursuant to section 938.27, Florida Statutes (2022), and $100 operating trust fund pursuant to section 938.055, Florida Statutes (2022). The State concedes that the record does not contain sufficient findings to justify the $200 in prosecution costs and also concedes that the $100 discretionary cost must be reversed....

...Thus, we strike the sheriff’s investigatory cost because there was no request for that cost on the record. See Vaughn v. State, 65 So. 3d 138, 139 (Fla. 1st DCA 2011) (striking sheriff’s investigatory costs because there was “no record evidence that they were requested or documented by the State” as required by section 938.27, Florida Statutes). We also strike the public defender lien and remand with instructions that the trial court advise appellant of her right to contest the amount of the lien....

...based on the defense counsel’s motion and the court’s order, which itself stated the court had “reasonable grounds” to question the Defendant’s competence. The Defendant also asserts that the trial court erred when it imposed a $100 cost of prosecution pursuant to section 938.27(8), Florida Statutes (2023), without a request from the State. We reject this argument. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023) (holding that cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J. v....

...Procedure 3.800(b)(2) motion to correct a sentencing error and that certain costs imposed, as part of his sentence, should be stricken. We affirm in part and reverse in part.  I. Hartfield first challenges the imposition of a $100 fee under section 938.27(8), Florida Statutes. He argues the State must have requested the cost for it to be imposed. We disagree. In Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023), we held that a cost imposed under section 938.27(8) is mandatory and is not “an ‘investigative’ cost incurred by an agency as described in section 938.27(1), which can only be imposed ‘if requested’ by the agency.” Parks, 371 So. 3d at 392–93. Accordingly, we affirm the trial court’s imposition of the $100 cost under section 938.27(8). II. Next, Hartfield challenges the imposition of a $100 cost under section 938.05(1)(b), Florida Statutes, because he was not convicted of a misdemeanor....

...We agree.  This court reviews a motion to correct a sentencing error de novo. Brooks v. State, 199 So. 3d 974, 976 (Fla. 4th DCA 2016). “In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of prosecution . . . .” § 938.27(1), Fla. Stat....

...no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. § 938.27(8), Fla. Stat. “When a trial court imposes a judgment for costs of prosecution pursuant to section 939.01(1), Florida Statutes (1991) [renumbered section 938.27], the state attorney must demonstrate the amount spent on prosecuting the defendant and the trial court must consider the defendant’s financial resources.” Graham v....

...We agree. This court reviews a motion to correct a sentencing error de novo. Brooks v. State, 199 So. 3d 974, 976 (Fla. 4th DCA 2016). “In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of prosecution . . . .” § 938.27(1), Fla. Stat....

...no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. § 938.27(8), Fla. Stat. “When a trial court imposes a judgment for costs of prosecution pursuant to section 939.01(1), Florida Statutes (1991) [renumbered section 938.27], the state attorney must demonstrate the amount spent on prosecuting the defendant and the trial court must consider the defendant’s financial resources.” Graham v....

...4th DCA 2019). Finally, appellant challenges the imposition of $200 in prosecution costs. Imposing costs of prosecution involves a question of statutory interpretation, which is reviewed de novo. D.A. v. State, 11 So. 3d 423, 423 (Fla. 4th DCA 2009). Section 938.27(8), Florida Statutes, provides: Costs for the state attorney must be set in all cases at ....

...We affirm the convictions without further discussion but reverse the order for reimbursement of investigation costs to the Osceola County Sheriff’s Office because the trial court lacked jurisdiction to enter the order while this appeal was pending.  Section 938.27(1), Florida Statutes (2016), provides in pertinent part that in all criminal cases, the court shall include in every judgment rendered against the convicted person the investigative costs incurred by law enforcement agencies, if requested by such agencies....

...see, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee. February 21, 2025 PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672, 673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the state); see also Parks v....

...(This provision refers to the optional fine for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).) A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees). Restitution in accordance with attached order....

...The State concedes that no request for documentation of these fees was provided as required by statute. The State requests that the fees be stricken and remanded to the trial court with directions that the costs may be reimposed following the State’s production of the required documentation. Section 938.27(1), Florida Statutes (2002), governing the judgment for costs on conviction, provides that “[i]n all criminal cases the costs of prosecution, including investigative costs incurred by law enforcement agencies ......

...est understood as a procedural statute describing when and under what circumstances all statutorily authorized costs may be imposed. Moreover, the primary statute that allows for the costs of prosecution to be assessed against a convicted defendant, section 938.27(1), Florida Statutes, has been interpreted to disallow the “costs of judicial administration,” which include juror costs. See Mickler v. State, 682 So.2d 607, 609 (Fla. 2d DCA 1996) (“[J]uror costs are an ancillary cost of prosecution that are not recoverable under section 939.01 [renumbered as 938.27].”) “The reason is that they represent expenditures that must be made in order to maintain and operate the judicial system irrespective of specific violations of the law.” Id. Indeed, our court has held such costs are not statutorily authorized. Henderson v. State, 192 So.3d 638, 640 (Fla 1st DCA 2016) (reversing imposition of $1,000 of “juror costs” that are “costs of judicial administration” under section 938.27(1)); see also Davis v....

...n construing the term ‘cost of prosecution’ are that courts have not permitted costs of judicial administration to be assessed.”). We see no basis for interpreting section 939.02 as allowing jury or “venire” costs that are disallowed under section 938.27(1)....

...No objection was made to any of these comments at trial, but our review does not indicate that the comments were improper or rose to the level of requiring reversal. Appellant also challenges the imposition of a $100 cost of prosecution under section 938.27(8) of the Florida Statutes....

...tution, 1 be *879 cause nothing in the court’s order imposing costs on Wilcox involves restitution. Further, the State has failed to cite to any statute that would allow for a lien on a prisoner’s trust account for the collection of court costs. Section 938.27(5), Florida Statutes, which controls the collection of court costs after default, provides that “[a]ny default in payment of costs may be collected by any means authorized by law for enforcement of a judgment.” The State is no diff...

... We therefore reverse the trial court’s denial of the defendant’s Rule 3.800(b) motion on this issue and remand the case to the trial court to assess the correct public defender fee. II. Prosecution Costs The minimum prosecution cost in misdemeanor cases is $50. § 938.27(8), Fla....

...expressly reserved the ability to assess the additional cost. Therefore, no double jeopardy violation occurred. We affirm on this issue. III. Investigation Costs “The burden of demonstrating the amount of [investigation] costs incurred is on the state attorney.” § 938.27(4), Fla....

...Where the State does not introduce competent substantial evidence to meet its burden, Florida courts have routinely struck the cost of investigation. See, e.g., Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). 3  Furthermore, section 938.27(1), Florida Statutes (2021), provides a defendant must pay investigation costs only if the agency that incurs that cost requests it....

...imposed the $50 investigative costs. “Imposing costs of prosecution involves a question of statutory interpretation, which is reviewed de novo.” Taylor v. State, 352 So. 3d 346, 348 (Fla. 4th DCA 2022) (quoting Bevans v. State, 291 So. 3d 591, 593 (Fla. 4th DCA 2020)). Section 938.27(1), Florida Statutes (2023), provides that, in all criminal cases, “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies ....

...ourt erred in denying his motion for dismissal at the conclusion of the evidence portion of the trial. As to that issue, we affirm without further discussion. A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.27, Florida Statutes (2009), in the amount of $150. We agree. It is clear that section 938.27 does not authorize the imposition of costs of prosecution in delinquency cases, and the State concedes that imposition of these costs is error....

...We disagree, and affirm. Effective July 1, 2013, the legislature enacted section 985.032(2), Florida Statutes, which reads: “A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s.938.27.” Section 938.27, Florida Statutes, provides in relevant part: In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Department of Financial Services or the Office of Financial Regulation of the Financial Services Commission, if requested by such agencies. § 938.27(1), Fla. Stat. (2013). Because the relatively new section 985.032(2) authorizes the assessment of costs of prosecution “as provided in s.938.27,” — which expressly and unambiguously defines costs of prosecution as “including investigative costs” — we find that the plain language of the statute authorizes the assessment of investigative costs in juvenile cases....

...stigative costs. We affirm Mr. Tapia's judgments and sentences without further comment, but we reverse the imposition of investigative costs and remand for further proceedings. Mr. Tapia challenges the imposition of investigative costs authorized by section 938.27(1), Florida Statutes (2006)....

...error in an order entered as a result of the sentencing process"); Jones v. State, 988 So.2d 15, 16 (Fla. 2d DCA 2008) (noting that defendant preserved the issue of the improper imposition of investigative costs by filing a rule 3.800(b)(2) motion). Section 938.27(1) provides that "convicted persons are liable for payment of the documented costs of prosecution, including investigative costs incurred by law enforcement agencies." (Emphasis added.) The record does not reflect any supporting documentation....

...ography and 45 counts of possessing child pornography. As the State properly concedes, the trial court erred by imposing a $150 investigative fee payable to the Daytona Beach Police Department without any request for the fee from the Department. See § 938.27, Fla....

PER CURIAM. Steven M. Riley, appellant, raises three issues in this appeal of his judgment and sentence for robbery with a weapon. We agree with Riley that the trial court erred by imposing the costs of prosecution under section 938.27, Florida Statutes (2010) because the State neglected to request the same. See Jackson v. State, 137 So.3d 470, 472-73 (Fla. 4th DCA 2014) (reversing award of investigatory costs under § 938.27(1) where “no investigating agency moved for fees, and the state did not submit any evidence establishing what investigative costs were actually incurred.”); Ogden v....

...denial of his three motions to suppress. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A). We affirm the court’s denial of Collake’s motions. However, we reverse the $100.00 cost of investigation imposed by the trial court pursuant to section 938.27(1), Florida Statutes (2017), as the State failed to request such cost....

...In Sheppard and Sam, the trial court had ordered restitution for costs that were not in fact restitution to victims, but rather were investigative costs. Investigative costs are to be considered costs of conviction for which a judgment can be entered against the defendant pursuant to section 938.27, Florida Statutes (2000)....

...twelve minutes of the stop and the investigating officer had not yet written the traffic citation). Green separately challenges a clerical error in the written cost judgment that assessed the sum of $1,100 for the costs of prosecution under section 938.27(8), Florida Statutes (2018), when the trial court’s oral pronouncement during sentencing assessed this cost at $100....

...e or by any investigating law enforcement agency. See Phillips v. State, 352 So. 3d 545, 545 (Fla. 1st DCA 2022) (“We affirm this appeal in all respects, except that the trial court’s imposition of the $50 cost of investigation is unlawful under section 938.27, Fla....

...The defendant also argues he is entitled to a reduction in prosecution costs. Here, the defendant argues the State failed to request more than the statutory $100 prosecution cost; the State admits it failed to request a greater sum. We agree and reverse. Under section 938.27(8), Florida Statutes (2022), the cost of prosecution cannot be less than $100 if a felony offense is charged, “including a proceeding in which the underlying offense is a violation of probation or community control.” “The [trial]...

...are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies … if requested by such agencies. The court shall include these costs in every judgment rendered against the convicted person.” § 938.27(1), Fla....

...“Any dispute as to the proper amount or type of costs shall be resolved by the court by the 5 preponderance of the evidence. The burden of demonstrating the amount of costs incurred is on the state attorney.” § 938.27(4), Fla. Stat. (2019). “Investigative costs … include actual expenses incurred in conducting the investigation and prosecution of the criminal case; however, costs may also include the salaries of permanent employees.” § 938.27(7), Fla. Stat. (2019). “Costs for the state attorney must be set in all cases at no less than … $100 per case when a felony offense is charged …. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...Matthews' victim was not a minor. Thus, section 938.10(1) is inapplicable, and the imposition of that cost was improper. See Gonzalez v. State, 40 So. 3d 60, 62 (Fla. 2d DCA 2010). Second, the trial court imposed costs for the state attorney of $150 pursuant to section 938.27(8), Florida Statutes (2012)....

...requested by the State. The State concedes the court erred and agrees the costs judgment must be reversed. But the State also argues the court may reimpose the investigation cost on remand if it makes the required factual findings. We agree with the State. First, section 938.27(8), Florida Statutes (2021), provides: “Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...conviction for burglary without a weapon, carrying a concealed weapon, and resisting arrest without violence. Based on our review of the record, we affirm the judgment and sentence. * Further, we affirm the trial court’s imposition of costs under section 938.27(8), Florida Statutes....

...we review de novo. Bevans v. State, 291 So. 3d 591, 593 (Fla. 4th DCA 2020) (“Imposing costs of prosecution involves a question of statutory interpretation, which is reviewed de novo.”) (citing D.A. v. State, 11 So. 3d 423, 423 (Fla. 4th DCA 2009)). Section 938.27(1), Florida Statutes (2019), states that, in all criminal cases, “convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies ....

...felon, carrying a concealed firearm, resisting an officer without violence, and improper vehicle registration. Based on our review of the record, we affirm the judgment and sentence. * Further, we affirm the trial court’s imposition of costs under section 938.27(8), Florida Statutes....

...3.800(b)(2), in which he raised the issue of the $500 cost of prosecution imposed without supporting documentation. The trial court failed to rule on the motion, and the same is deemed denied. See O'Neill v. State, 841 So. 2d 629, 629 (Fla. 2d DCA 2003). Pursuant to section 938.27(8), Florida Statutes (2010): Costs for the state attorney shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged ....

...investigative costs and $100.00 in prosecution costs. Appellant then moved under Florida Rule of Criminal Procedure 3.800(b)(2) to correct his sentence, arguing that the trial court erred in assessing these costs. He argued that investigative costs under section 938.27(1), Florida Statutes (2022), should not have been imposed because the investigating agency did not request those costs. Additionally, he argued that prosecution costs under section 938.27(8), Florida Statutes (2022), should have only been $50.00 because the State did not offer any proof to justify a greater amount. We deem the motion denied because the trial court did not enter a ruling within sixty days....

...This timely appeal follows. Analysis On appeal, Appellant contends the trial court erred in (1) imposing investigative costs and (2) assessing prosecution costs for an amount greater than the $50.00 statutory minimum. See § 938.27(1), (8), Fla. Stat....

...costs cannot be imposed where the State fails to request such costs before the judgment. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020). In that instance, the State is not entitled to a second opportunity to request investigative costs on remand because section 938.27(1), Florida Statutes (2022), requires that the request be made before judgment is entered. Richards, 288 So....

...3d 547, 549 (Fla. 4th DCA 2023). We distinguish the present case because the State has not confessed error. We therefore reverse the $100.00 in prosecution costs and remand for the trial court to impose $50.00 in prosecution costs in accordance with section 938.27(8), Florida Statutes (2022), or to impose additional costs if sufficient findings are made. Conclusion We affirm the judgment and sentence, except for the two costs errors discussed above....

...Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We affirm appellant’s conviction and sentence, except for the imposition of $200 for the cost of prosecution, which, as the State concedes, exceeds the statutorily authorized minimum of $100. See § 938.27(8), Fla....

...After accepting Defendant’s plea to another case and sentencing him to 180 days in jail, the trial court adjudicated him guilty on the counts for which he was convicted and sentenced him to a concurrent 180 days in jail. The trial court also entered an order assessing a $554.59 investigative fee pursuant to section 938.27 of the Florida Statutes. Section 938.27(1) states: In all criminal and violation-of-probation or community- control cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement...

...For purposes of this section, ‘convicted’ means a determination of guilt, or of violation of probation or community control, which is a result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. § 938.27(1), Fla....

...2 reversing the trial court’s imposition of “prosecution and investigative costs”). In Felton, the defendant was sentenced after entering a no contest plea, and the trial court imposed “prosecution and investigative costs” pursuant to section 938.27....

...Further, a review of the record reflects that the fee was not included as part of Defendant’s written plea agreement. “While ‘the trial court has broad discretion to determine the amount and type of costs of prosecution to be assessed against a convicted person,’ the design of [section 938.27] is ‘to compensate the state for the expenses of prosecution associated with individual violations.’” Leyritz v. State, 93 So....

...Since Defendant was found not guilty of the possession of a firearm charge, and no agency requested the fee or provided documentation to the court, see Felton, 939 So. 2d at 1159, 3 assessing the fee pursuant to section 938.27 was improper....

...investigative costs and $200 in prosecution costs. We accept the state’s concession of error as to the imposition of these costs because the state did not request that the investigative costs be imposed on behalf of the investigating agency pursuant to section 938.27(1), Florida Statutes (2019), and the prosecution costs exceed the maximum amount that can be imposed without “a showing of sufficient proof of higher costs incurred” as required by section 938.27(8), Florida Statutes (2019). As to the investigative costs, “[t]rial courts cannot impose investigative costs ‘where the record does not demonstrate that the state requested reimbursement for these costs.’ If these costs are not requested by the state, they must be stricken and cannot be imposed on remand.” Bartolone v. State, 327 So. 3d 331, 335 (Fla. 4th DCA 2021) (quoting Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019); see also § 938.27(1), Fla....

...As to the prosecution costs, the “[c]osts for the state attorney must be set in all cases at no less than . . . $100 per case when a felony offense is charged,” and “[t]he court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla....

...We affirm the defendant’s convictions for possession of various controlled substances and the resulting sentences, except for the trial court’s assessment of the $50 in investigative costs requested by the state on behalf of the investigating agency pursuant to section 938.27(1), Florida Statutes (2018), $288.33 in costs of prosecution requested by the state pursuant to the same statute, and $450 in costs imposed for the Indian River County Alcohol and Drug Abuse Trust Fund pursuant to section 938.23(1), Florida Statutes (2018)....

...With respect to these costs, upon which the state concedes error, we reverse and remand for a hearing to be conducted consistent with this court’s decision in Bartolone v. State, 327 So. 3d 331 (Fla. 4th DCA 2021). In addition to the $100 in prosecution costs mandated by section 938.27(8), Florida Statutes (2018), the trial court may impose a greater amount of prosecution costs, as well as investigation costs if the amount of each is supported by sufficient evidentiary findings; the court may also impose alcohol and...

...State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019) (alcohol and drug trust fund costs “may be reimposed on remand if the trial court finds that the defendant has the ability to pay”); Delafield v. State, 301 So. 3d 330, 331 n.1 (Fla. 5th DCA 2020) (under section 938.27(1), Fla....

...Caldwell, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.  In this Anders 1 appeal, we affirm Keith Johansen’s judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State....

...evidence to support them. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender “upon showing of sufficient proof of higher fees or costs incurred.” § 938.27(8), Fla....

...Based on the foregoing conclusion of harmless error, we affirm the circuit court’s denial of the defendant’s mistrial motion. Reversible Error in Imposing Certain Investigative Costs and Supplemental Prosecution Costs Section 938.27, Florida Statutes (2021), pertinently provides: 6  (1) In all criminal and violation-of-probation or community- control cases, convicted persons are liable for payment of the c...

...felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred. … § 938.27(1), (4), (8), Fla. Stat. (2021) (emphases added). Regarding prosecution costs, as we stated in Taylor v. State, 352 So. 3d 346 (Fla. 4th DCA 2022): To set a higher amount [than the minimum amount for which section 938.27 provides], the state attorney must demonstrate the amount spent on prosecuting the defendant and the trial court must consider the defendant’s financial resources. When a trial court imposes a prosecution...

...the circuit court to assess the proper prosecution cost. 352 So. 3d at 349. Regarding investigative costs, as we also stated in Taylor: “The burden of demonstrating the amount of [investigation] costs incurred is on the state attorney.” § 938.27(4), Fla....

...Where the State does not introduce competent substantial evidence to meet its burden, Florida courts have routinely struck the cost of investigation. See, e.g., Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). Furthermore, section 938.27(1), Florida Statutes (2021), provides a defendant must pay investigation costs only if the agency [which] incurs that cost requests it....

... In this Anders1 appeal, we affirm Appellant's judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation because it was not a part of Appellant's plea and it was not requested by the State. See § 938.27(1), Fla....

after the State requested them. Pursuant to section 938.27(8), Florida Statutes, a court shall impose

...Upon review of the record, we find no preserved error warranting reversal. We affirm Appellant’s judgment and sentence.  However, a review of the record reveals a possible sentencing error concerning the court’s assessment of $100 in sheriff’s investigative costs imposed pursuant to section 938.27, Florida Statutes (2010), as the court did not orally pronounce the discretionary cost at the sentencing hearing....

...1st DCA 2015) (holding that the trial court erred in imposing the $100 sheriff’s investigative cost “without notice or hearing and without specifically identifying it at sentencing”); Lippwe v. State, 152 So. 3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27(1), Florida Statutes, “must be requested on the record by the appropriate agency”); Kirkland v....

...5th DCA 1995). *973 We do find merit in Hall’s objection to the imposition of investigative costs. The state sought $42,794 for investigative costs and Hall objected to $28,533 of that total, the amount attributed to services performed by a CPA firm. Section 938.27, Florida Statutes (1997) authorizes imposition of these costs, but only after adequate documentation has been provided to the court....

...announced at sentencing; and (3) as the state concedes, indicating on the probation order that the defendant had pled guilty to Count I, when, in fact, a jury had found him guilty. We will address each in turn. 1. Error in assessing $100 for prosecution costs Section 938.27(8), Florida Statutes (2021), states: “Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged …. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2021). “The burden of demonstrating the amount of costs incurred is on the state attorney.” § 938.27(4), Fla. Stat....

...We affirm Gadson’s judgment and sentence, but remand for a corrected judgment striking the duplicative $100 of prosecution costs, as the statute does not allow for the imposition of both the standard $100 prosecution costs and the requested higher amount. See § 938.27(8), Fla....

...ON CONFESSION OF ERROR PER CURIAM. The defendant appeals from her criminal convictions and resulting sentences imposed pursuant to an open no contest plea. At sentencing, the trial court assessed $50 in investigative costs, pursuant to section 938.27(1), Florida Statutes (2023), which provides that such costs “incurred by law enforcement agencies” may be imposed only “if requested by such agencies.” The defendant raises as her only issue on appeal that the trial court s...

...imposed where the state fails to request such costs prior to the judgment.” (citing Richards v. State, 288 So. 3d 574, 577 (Fla. 2020)); see also, e.g., Peterson v. State, 395 So. 3d 543, 546 (Fla. 4th DCA 2024) (holding that it was error, under section 938.27(1), for the trial court to assess $50 in requested investigative costs because the state presented no evidence in support of the amount assessed and the defendant did not affirmatively agree to pay the assessed amount). We accept...

...Tallahassee, for Appellee. CASANUEVA, Judge. Affirmed. See § 985.032(2), Fla. Stat. (2013) ("A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in [section 938.27, Florida Statutes (2013)]."). SILBERMAN and MORRIS, JJ., Concur. 

of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2020). To set a higher amount

...that the trial court erred in denying his motions for judgment of acquittal at the close of the State’s evidence and as renewed at the close of all the evidence. He also appeals the portion of his sentences imposing the $100 minimum cost of prosecution under section 938.27(8), Florida Statutes on grounds that the State did not request this cost at sentencing. We review the denial of judgment of acquittal de novo to determine whether the conviction is supported by competent, substantial evidence....

...creasing Appellant’s cost of prosecution fee, we reverse. After a jury trial, Appellant was convicted of possession of cannabis in excess of 20 grams and was sentenced the same day to serve 14 months in the Department of Corrections. 1 Pursuant to section 938.27(8), Florida Statutes (2013), the court imposed the minimum $100 charge against Appellant for the cost of the prosecution but reserved jurisdiction to assess additional “costs of prosecution, costs of investigation” at a later date,...

...This appeal follows. Regarding the prosecution costs, Defendant primarily argues that because no state attorney was involved in the indirect criminal contempt proceeding, the trial court was without authority to impose prosecution costs. We agree and reverse on this issue. See § 938.27(8), Fla....

...Stat. (2023) (“Costs for the state attorney must be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged . . . .” (emphasis added)); Burlinson v. Wilson, 388 So. 3d 15, 16 (Fla. 4th DCA 2024) (citing section 938.27(8), Florida Statutes, and holding that because the former husband’s attorney, not the state, prosecuted the indirect criminal contempt case, the trial court could not impose costs of prosecution); Leyritz v....

of sufficient proof of higher costs incurred. § 938.27(8), Fla. Stat. (2018). As noted in the statute

...The correct statutory authorities are as follows: 1) Section 938.03, Florida Statutes (2007), Crimes Compensation Trust Fund; 2) Section 938.01(1), Additional Court Cost Clearing Trust Fund; 3) Section 938.15, Criminal Justice Education for Local Government; 4) Section 938.05(l)(a), Additional Court Costs for Felonies; 5) Section 938.27(1), Judgment for Costs on Conviction; (includes prosecution/investigative costs); and 6) Section 939.185(l)(a), Florida Statutes (2007), Assessment of Additional Court Costs and Surcharges....

...4th DCA 2023). We reject the argument again. Finally, appellant contends, and the State concedes, that the trial court imposed $200 in costs without the State requesting or offering proof of this cost which was higher than the statutory maximum of $100. See § 938.27(8), Fla....

...The trial court ordered the clerk to vacate the judgment for attorney’s fees and costs which reflected a $100 fee entered pursuant to section 938.29, Florida Statutes (2010), for attorney’s fees and costs of defense. However, the amended judgment and sentence instead eliminates a $100 fee for costs of prosecution under section 938.27....

...The court may reimpose the $100 public defender fee but only after proper notice and the opportunity for Gedehomme to be heard on that issue. See id. Gedehomme also challenges that the investigatory costs are not supported by competent, substantial evidence. See § 938.27....