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Florida Statute 938.27 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 938.27 Case Law from Google Scholar Google Search for Amendments to 938.27

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 938
COURT COSTS
View Entire Chapter
F.S. 938.27
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.

F.S. 938.27 on Google Scholar

F.S. 938.27 on Casetext

Amendments to 938.27


Arrestable Offenses / Crimes under Fla. Stat. 938.27
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 938.27.

Annotations, Discussions, Cases:

Cases Citing Statute 938.27

Total Results: 20

David Jerome Brown v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: assessment of prosecution costs pursuant to section 938.27, Florida Statutes, need not be supported by evidence…of specific amount of costs pursuant to section 938.27, Florida Statutes, waives entitlement to any further

Richard Earl Peterson, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: Section 938.27(1), Florida Statutes (2019), authorizes the payment of investigative costs. § 938.27(1), Fla… As for the $200 prosecution cost, section 938.27(8), Florida Statutes (2021), provides: “Costs…sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2021). “The burden of demonstrating…costs incurred is on the state attorney.” § 938.27(4), Fla. Stat. (2021). Elliot v. State, 344 So

Bernard Pedreira v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-08T00:00:00-07:00

Snippet: prosecution should therefore be stricken. See § 938.27(8), Fla. Stat. (2017); Chivese v. State, 295 So… $100 for the cost of prosecution under section 938.27, or hold an evidentiary hearing with proper notice

David Scheider v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-08T00:00:00-07:00

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

Tracorvis Levon Strickland v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-08T00:00:00-07:00

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

Paul Morales v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-01T00:00:00-07:00

Snippet: 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing

Richard J. Smith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-25T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Timothy Porter v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-20T00:00:00-07:00

Snippet: .00 for investigative costs pursuant to section 938.27(1), Florida Statutes (2023), because the State

White v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

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

Lanique Woods v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

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

Lorenzo Golphin v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

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

Bobby Jack Smith v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Patterson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Patterson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Patterson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Patterson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Cory Wayne Driver v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: trial court’s imposition of costs under section 938.27(8), Florida Statutes. See Parks v. State, 371 So

Theodore Paul Piechota v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: $50 in agency investigative costs under section 938.27, Florida Statutes (2022). This cost was not requested… on behalf of the agency as required by section 938.27(1). The $50 investigative costs were simply summarily

Minor Catledge v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing

Jean Claude Noel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-20T00:00:00-07:00

Snippet: section shall be a condition of such probation.” § 938.27(1), (3), Fla. Stat. (2021).