Florida Statutes
Fla. Stat. § 938.27 (2025)
Judgment for costs of prosecution and investigation.
✓ 2025 Florida Statutes: current through the 2025 Regular Session
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938.27 Judgment for costs of prosecution and investigation.—
(1) 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. The court shall include these costs in every judgment rendered against the convicted person. 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.
(2)(a) The court shall impose the costs of prosecution and investigation notwithstanding the defendant’s present ability to pay. The court shall require the defendant to pay the costs within a specified period or pursuant to a payment plan under s. 28.246(4).
(b) The end of such period or the last such installment must not be later than:
1. The end of the period of probation or community control, if probation or community control is ordered;
2. Five years after the end of the term of imprisonment imposed, if the court does not order probation or community control; or
3. Five years after the date of sentencing in any other case.
However, the obligation to pay any unpaid amounts does not expire if not paid in full within the period specified in this paragraph.
(c) If not otherwise provided by the court under this section, costs must be paid immediately.
(3) If a defendant is placed on probation or community control, payment of any costs under this section shall be a condition of such probation or community control. The court may revoke probation or community control if the defendant fails to pay these costs.
(4) Any dispute as to the proper amount or type of costs shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of costs incurred is on the state attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.
(5) Any default in payment of costs may be collected by any means authorized by law for enforcement of a judgment.
(6) The clerk of the court shall collect and dispense cost payments in any case, regardless of whether the disposition of the case takes place before the judge in open court or in any other manner provided by law.
(7) Investigative costs that are recovered must be returned to the appropriate investigative agency that incurred the expense. Such 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. Any investigative costs recovered on behalf of a state agency must be remitted to the Department of Revenue for deposit in the agency operating trust fund, and a report of the payment must be sent to the agency, except that any investigative costs recovered on behalf of the Department of Law Enforcement must be deposited in the department’s Forfeiture and Investigative Support Trust Fund under s. 943.362.
(8) 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, 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. Costs recovered on behalf of the state attorney under this section must be deposited into the State Attorneys Revenue Trust Fund to be used during the fiscal year in which the funds are collected, or in any subsequent fiscal year, for actual expenses incurred in investigating and prosecuting criminal cases, which may include the salaries of permanent employees, or for any other purpose authorized by the Legislature.
History.—s. 1, ch. 76, 1846; RS 2983; GS 4057; RGS 6161; CGL 8475; s. 47, ch. 87-243; s. 7, ch. 92-300; s. 4, ch. 97-60; s. 21, ch. 97-271; s. 25, ch. 2001-122; s. 1925, ch. 2003-261; s. 127, ch. 2003-402; s. 5, ch. 2006-176; s. 44, ch. 2008-111; s. 32, ch. 2010-162; s. 19, ch. 2012-100; s. 2, ch. 2013-112.
Note.—Former s. 939.01.
Notes of Decisions
Cited in 234
cases (101 in the last 5 years), 1998–2026 · leading case: Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006).
Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006). “" § 938.27(2)(a), Fla. Stat. (2003). However, section 938.”
Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011). “1 We hold that the trial court correctly imposed the 0 fee for costs of prosecution, as section 938.27(8), Florida Statutes (2010), mandates that such costs shall be set at no less than 0 per case when a felony offense is charged, as is the case here.”
Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012). “Under the 2007 version of section 938.27, the state conceded error in Del Valle v.”
Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015). “52, Florida Statutes, as amended effective July 1, 2008, require notice and hearing before imposition of a minimum public defender’s lien, i.”
Davis v. State, 42 So. 3d 807 (Fla. 1st DCA 2010). “” The language of section 938.27, Florida Statutes, does not limit the cost of prosecution to a single trial.”
Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019). “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.”
Ogden v. State, 117 So. 3d 479 (Fla. 1st DCA 2013). “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.”
Gilchrist v. State, 938 So. 2d 654 (Fla. 4th DCA 2006). “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…”
State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002). “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.”
Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “(2016) (“shall pay as a cost in the case”); § 938.27(1), Fla. Stat. (2016) (“In all criminal and violation-of-probation cases, convicted persons are liable for payment of the costs of prosecution.”
Clark v. State, 963 So. 2d 911 (Fla. 2d DCA 2007). “The third item challenged by Clark is 0 and 0 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…”
Thomas v. State, 236 So. 3d 1159 (Fla. 1st DCA 2018). “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.”
938.27(1): 103 cases
Brenton McNeil v. State of Florida, 215 So. 3d 55 (Fla. 2017). “(2016) (“shall pay as a cost in the case”); § 938.27(1), Fla. Stat. (2016) (“In all criminal and violation-of-probation cases, convicted persons are liable for payment of the costs of prosecution.”
Thomas v. State, 236 So. 3d 1159 (Fla. 1st DCA 2018). “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.”
Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015). “52, Florida Statutes, as amended effective July 1, 2008, require notice and hearing before imposition of a minimum public defender’s lien, i.”
Davis v. State, 42 So. 3d 807 (Fla. 1st DCA 2010). “” The language of section 938.27, Florida Statutes, does not limit the cost of prosecution to a single trial.”
Leyritz v. State, 93 So. 3d 1156 (Fla. 4th DCA 2012).
938.27(1997): 1 case
Off. Comm. of Unsecured Creditors v. Florida (In Re Tower Env't, Inc.), 260 B.R. 213 (Bankr. M.D. Fla. 1998).
938.27(2)(a): 1 case
Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006). “" § 938.27(2)(a), Fla. Stat. (2003). However, section 938.”
938.27(2)(c): 1 case
Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006). “" § 938.27(2)(a), Fla. Stat. (2003). However, section 938.”
938.27(2)(c)(8): 1 case
Brayant Elwyn Mccullough Vs State of Florida (Fla. 5th DCA 2023).
938.27(3): 1 case
Martinez v. State, 91 So. 3d 878 (Fla. 5th DCA 2012).
938.27(4): 14 cases
Phillips v. State, 942 So. 2d 1042 (Fla. 2d DCA 2006).
Davis v. State, 42 So. 3d 807 (Fla. 1st DCA 2010). “” The language of section 938.27, Florida Statutes, does not limit the cost of prosecution to a single trial.”
Howard v. State, 920 So. 2d 764 (Fla. 2d DCA 2006).
Hall v. State, 932 So. 2d 1169 (Fla. 2d DCA 2006).
Harrison v. State, 12 So. 3d 1291 (Fla. 1st DCA 2009).
938.27(5): 6 cases
Demar v. State, 840 So. 2d 381 (Fla. 1st DCA 2003).
Thibault v. State, 945 So. 2d 646 (Fla. 2d DCA 2006).
Clark v. State, 963 So. 2d 911 (Fla. 2d DCA 2007). “The third item challenged by Clark is 0 and 0 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…”
Wilcox v. State, 79 So. 3d 878 (Fla. 5th DCA 2012).
Martinez v. State, 91 So. 3d 878 (Fla. 5th DCA 2012).
938.27(6): 2 cases
Munoz v. State, 884 So. 2d 1070 (Fla. 5th DCA 2004).
Tucker v. State, 832 So. 2d 840 (Fla. 2d DCA 2002).
938.27(7): 5 cases
Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019). “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.”
Speed v. State, 262 So. 3d 267 (Fla. 5th DCA 2019).
Elijah Bankston v. State of Florida (Fla. 4th DCA 2021).
Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019).
Speed v. State, 262 So. 3d 267 (Fla. 5th DCA 2019).
938.27(8): 94 cases
Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011). “1 We hold that the trial court correctly imposed the 0 fee for costs of prosecution, as section 938.27(8), Florida Statutes (2010), mandates that such costs shall be set at no less than 0 per case when a felony offense is charged, as is the case here.”
Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012). “Under the 2007 version of section 938.27, the state conceded error in Del Valle v.”
Jon Paul Hogle v. State of Florida, 250 So. 3d 178 (Fla. 1st DCA 2018).
Sanders v. State, 101 So. 3d 373 (Fla. 1st DCA 2012).
Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014).
938.27(9): 1 case
Vargas v. State, 787 So. 2d 93 (Fla. 2d DCA 2001).
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