Florida Statute 938.27 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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.

(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 CourtListener

Amendments to 938.27

Annotations, Discussions, Cases:

Cases Citing Statute 938.27

Total Results: 228

D.A. v. State

11 So. 3d 423, 2009 Fla. App. LEXIS 4475

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60229962

Cited 20 times | Published

to impose costs of prosecution pursuant to section 938.27(1), Florida Statutes (2007) on D.A., a juvenile

State v. Tyrrell

807 So. 2d 122, 2002 WL 91297

District Court of Appeal of Florida | Filed: Jan 25, 2002 | Docket: 1750595

Cited 17 times | Published

investigation of this case were significant and section 938.27, Florida Statutes (1999), required the trial

Official Committee of Unsecured Creditors v. Florida (In Re Tower Environmental, Inc.)

260 B.R. 213, 14 Fla. L. Weekly Fed. B 229, 1998 Bankr. LEXIS 1944, 1998 WL 1757108

United States Bankruptcy Court, M.D. Florida | Filed: Sep 9, 1998 | Docket: 1826078

Cited 13 times | Published

and prosecution (Fla.Stat. § 939.01 (1991), now § 938.27(1997), and § 812.032). In the Plea Agreement,

Maestas v. State

76 So. 3d 991, 2011 Fla. App. LEXIS 18981, 2011 WL 5964337

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60304619

Cited 12 times | Published

imposed the $100 fee for costs of prosecution, as section 938.27(8), Florida Statutes (2010), mandates that

Ogden v. State

117 So. 3d 479, 2013 WL 3778918, 2013 Fla. App. LEXIS 11510

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60232688

Cited 11 times | Published

and prosecutor’s investigative costs under section 938.27, Florida Statutes (2010), in both cases. Ogden

Houle v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 291839

Cited 11 times | Published

costs of prosecution and investigation under section 938.27(1). Affirmed in part; reversed in part; remanded

Gilchrist v. State

938 So. 2d 654, 2006 WL 2872573

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1254064

Cited 11 times | Published

governing the assessment of fees in this case is section 938.27, Florida Statutes (2005), which states: (1)

DA v. State

11 So. 3d 423, 2009 WL 1311064

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656443

Cited 10 times | Published

to impose costs of prosecution pursuant to section 938.27(1), Florida Statutes (2007) on D.A., a juvenile

Shepard v. State

939 So. 2d 311, 2006 WL 2956497

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1237318

Cited 10 times | Published

Regarding payment of costs on conviction, section 938.27(2)(a), Florida Statutes, provides that the

Mills v. State

177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808

District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258

Cited 9 times | Published

separately after the sentencing hearing pursuant to section 938.27, Florida Statutes (2010). Assessing this cost

Ortiz v. State

884 So. 2d 77, 2004 WL 784411

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 2573489

Cited 9 times | Published

prosecution and investigation imposed under section 938.27(1), Florida Statutes (2001), "must be expressly

Negron v. State

266 So. 3d 1266

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708576

Cited 8 times | Published

investigative costs at an evidentiary hearing. Section 938.27(1), Florida Statutes (2018), provides, in pertinent

Jackson v. State

137 So. 3d 470, 2014 Fla. App. LEXIS 4361, 2014 WL 1225270

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240327

Cited 8 times | Published

and investigatory costs entered against him. Section 938.27(1), Florida Statutes (2011), requires that

Cook v. State

896 So. 2d 870, 2005 WL 433216

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683511

Cited 8 times | Published

costs of prosecution are now described in section 938.27, Florida Statutes (2004), and that statute

Brenton McNeil v. State of Florida

215 So. 3d 55, 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684628

Cited 7 times | Published

Stat. (2016) (“shall pay as a cost in the case”); § 938.27(1), Fla. Stat. (2016) (“In all criminal and v

Smith v. State

714 So. 2d 1152, 1998 WL 412475

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 461487

Cited 7 times | Published

939.01(1), Fla. Stat. (1995) (renumbered as section 938.27 and amended, effective July 1, 1997); Reyes

Ingraham v. State

32 So. 3d 761, 2010 Fla. App. LEXIS 5579, 2010 WL 1688473

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 1663131

Cited 6 times | Published

imposed on him for "investigative costs" under section 938.27(1), Florida Statutes (2004), should be struck

Diaz v. State

901 So. 2d 310, 2005 WL 1026052

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1666339

Cited 6 times | Published

prosecution costs, § 938.27, Fla. Stat. (2002); (2) $130 in investigative costs, § 938.27; and (3) $150 in

Leyritz v. State

93 So. 3d 1156, 2012 WL 3101493, 2012 Fla. App. LEXIS 12526

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310466

Cited 5 times | Published

reviewing the pertinent statute. According to section 938.27(1), Florida Statutes (2010), “convicted persons

Simmons v. State

24 So. 3d 636, 2009 Fla. App. LEXIS 19068, 2009 WL 4640660

District Court of Appeal of Florida | Filed: Dec 9, 2009 | Docket: 1152634

Cited 5 times | Published

imposition of $150 for costs of prosecution. Section 938.27(8), Florida Statutes (2008),[1] provides: Costs

Hill v. State

845 So. 2d 310, 2003 WL 21129836

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 2569818

Cited 5 times | Published

presented in support of this request, contrary to section 938.27(1), Florida Statutes (2000), which allows the

Sanders v. State

101 So. 3d 373, 2012 WL 4512774, 2012 Fla. App. LEXIS 16705

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60226271

Cited 4 times | Published

$100 cost of prosecution imposed pursuant to section 938.27(8). As he did below, Sanders contends on appeal

Watts v. State

973 So. 2d 1271, 2008 WL 398824

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1687981

Cited 4 times | Published

provide required documentation as to the amount. See § 938.27(1), Fla. Stat. (2002); *1273 Phillips v. State

Tucker v. State

832 So. 2d 840, 2002 WL 31526433

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1700042

Cited 4 times | Published

does not meet the procedural requirements of section 938.27, Florida Statutes (1997) (formerly section

Welch v. State

724 So. 2d 651, 1999 WL 9782

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 2570964

Cited 4 times | Published

01(1), Florida Statutes (1995) (renumbered as section 938.27 and amended, effective July 1, 1997). See Fields

Harrison v. State

146 So. 3d 76, 2014 WL 4086561, 2014 Fla. App. LEXIS 12740

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243013

Cited 3 times | Published

Appellant has constructive notice of their existence. § 938.27(8), Fla. Stat. (2011) (cost of prosecution); §

Jones v. State

988 So. 2d 15, 2008 WL 2312623

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1722195

Cited 3 times | Published

$130 assessed for investigative costs under section 938.27, Florida Statutes (2003), must be stricken

Phillips v. State

942 So. 2d 1042, 2006 WL 3524287

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 2238515

Cited 3 times | Published

amount of costs incurred is on the state attorney." § 938.27(4), Fla. Stat. (2003). Although the affidavits

Howard v. State

920 So. 2d 764, 2006 WL 305485

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1201973

Cited 3 times | Published

the amount of costs incurred, as required by section 938.27(4), Florida Statutes (2004). Accordingly, we

Demar v. State

840 So. 2d 381, 2003 WL 1203349

District Court of Appeal of Florida | Filed: Mar 18, 2003 | Docket: 1120243

Cited 3 times | Published

her ability to pay considered, contrary to section 938.27(5), Florida Statutes. See Cathcart v. State

Terry v. State

791 So. 2d 1162, 2001 WL 826709

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 507324

Cited 3 times | Published

Daniels v. State, 656 So.2d 251 (Fla. 1st DCA 1995); § 938.27(1), Fla. Stat. The $2 discretionary cost imposed

Jon Paul Hogle v. State of Florida

250 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143

Cited 2 times | Published

$2,5247.79 for prosecution costs pursuant to section 938.27(8). The public defender fee must be stricken

DeSalvo v. State

107 So. 3d 1185, 2013 WL 614883, 2013 Fla. App. LEXIS 2776

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228585

Cited 2 times | Published

prosecution investigative costs imposed pursuant to section 938.27 because there was no evidence that the costs

Hills v. State

90 So. 3d 927, 2012 WL 2345112, 2012 Fla. App. LEXIS 9994

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60309707

Cited 2 times | Published

attorney imposed by the trial court pursuant to section 938.27(8), Florida Statutes (2010). We affirm the

Bryant v. State

47 So. 3d 952, 2010 Fla. App. LEXIS 17642, 2010 WL 4630845

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2399823

Cited 2 times | Published

imposition of a $150 prosecution cost pursuant to section 938.27. He claims that the State neither requested

Davis v. State

42 So. 3d 807, 2010 Fla. App. LEXIS 8943, 2010 WL 2472492

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1647317

Cited 2 times | Published

the trial court's order as to both issues. Section 938.27(1), Florida Statutes (2007), provides that

State v. Dominguez

27 So. 3d 782, 2010 Fla. App. LEXIS 1636, 2010 WL 532870

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 2409595

Cited 2 times | Published

part of the judgment of conviction pursuant to section 938.27(1), Florida Statutes (2007). We reverse on

Del Valle v. State

26 So. 3d 650, 2010 Fla. App. LEXIS 417, 2010 WL 199418

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1638663

Cited 2 times | Published

were requested by the prosecuting agency. See § 938.27(1), Fla. Stat. (2007).[1] The written sentence

Hayes v. State

25 So. 3d 683, 2010 Fla. App. LEXIS 187, 2010 WL 143766

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1662139

Cited 2 times | Published

documentation of the costs imposed was provided. Section 938.27(1), Florida Statutes (2007), provides that

Clark v. State

963 So. 2d 911, 2007 WL 2428478

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1697271

Cited 2 times | Published

sheriff's investigative costs imposed pursuant to section 938.27, Florida Statutes (2002). *913 Clark alleges

Thibault v. State

945 So. 2d 646, 2006 WL 3823121

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 146532

Cited 2 times | Published

a defendant's ability to pay. In contrast, section 938.27(5), Florida Statutes (2002) (the version in

James v. State

898 So. 2d 1161, 2005 WL 734953

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1448294

Cited 2 times | Published

and $130 for investigatory costs pursuant to section 938.27 without any agency request or supporting document

Armstrong v. State

896 So. 2d 866, 2005 WL 433322

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683508

Cited 2 times | Published

00 for the cost of prosecution pursuant to section 938.27, Florida Statutes (2003). The State neither

Munoz v. State

884 So. 2d 1070, 2004 WL 2308869

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1281907

Cited 2 times | Published

opportunity to produce the appropriate documentation. Section 938.27, Florida Statutes, (2001) requires the court

Easy Bail Bonds v. Polk County

784 So. 2d 1173, 2001 Fla. App. LEXIS 4225, 2001 WL 321026

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1744177

Cited 2 times | Published

401 So.2d 1176 (Fla. 1st DCA 1981). Further, section 938.27(1), Florida Statutes (1999), dealing with a

Sheppard v. State

753 So. 2d 748, 2000 WL 293225

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 2526230

Cited 2 times | Published

(1997), and costs of conviction, governed by section 938.27, Florida Statutes (1997). The Division of Insurance

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

) ___ A sum of $_____ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative

Thomas v. State

236 So. 3d 1159

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64672598

Cited 1 times | Published

Sheriff's Office Investigative Cost pursuant to section 938.27(1), Florida Statutes. The State correctly concedes

Henderson v. State

192 So. 3d 638, 2016 WL 3030836, 2016 Fla. App. LEXIS 8145

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255374

Cited 1 times | Published

included in the costs of prosecution under section 938.27(1), Florida Statutes. See Davis v. State, 42

J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 60252587

Cited 1 times | Published

this cost could not be imposed pursuant to section 938.27, Florida Statutes (2013). See D.A. v. State

N.S. v. State

162 So. 3d 1142, 2015 Fla. App. LEXIS 5818, 2015 WL 1810379

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 60247382

Cited 1 times | Published

assessed costs of prosecution as provided in [section 938.27, Florida Statutes (2013)].”). SILBERMAN and

Sims v. State

110 So. 3d 975, 2013 WL 1403316, 2013 Fla. App. LEXIS 5599

District Court of Appeal of Florida | Filed: Apr 8, 2013 | Docket: 60230549

Cited 1 times | Published

conclude that the $100 cost imposed pursuant to section 938.27(8), Florida Statutes, must be stricken given

Pruitt v. State

98 So. 3d 231, 2012 Fla. App. LEXIS 16491, 2012 WL 4497732

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312243

Cited 1 times | Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Martinez v. State

91 So. 3d 878, 2012 WL 2159221, 2012 Fla. App. LEXIS 9705

District Court of Appeal of Florida | Filed: Jun 15, 2012 | Docket: 60309999

Cited 1 times | Published

Pennsylvania to Florida as costs of prosecution under section 938.27, Florida Statutes (2011). The trial court granted

Parker v. State

44 So. 3d 1190, 2010 Fla. App. LEXIS 14217, 2010 WL 3703297

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 60295547

Cited 1 times | Published

these costs as required under the statute. See § 938.27(1) & (4), Fla. Stat. (2009). Accordingly, the

F.W. v. State

29 So. 3d 428, 2010 Fla. App. LEXIS 2862

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 60289103

Cited 1 times | Published

So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts

AW v. State

37 So. 3d 268, 2009 WL 4403201

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 820251

Cited 1 times | Published

in imposing costs of prosecution pursuant to section 938.27, Florida Statutes (2009), in the amount of

S.D.J. v. State

21 So. 3d 140, 2009 Fla. App. LEXIS 16552, 2009 WL 3672089

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 60259882

Cited 1 times | Published

So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts

SDJ v. State

21 So. 3d 140, 2009 WL 3672074

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 1417960

Cited 1 times | Published

So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts

Harrison v. State

12 So. 3d 1291, 2009 Fla. App. LEXIS 10453, 2009 WL 2244221

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 60233776

Cited 1 times | Published

remand for correction of the order of probation. Section 938.27, Florida Statutes (2008), authorizes trial

Love v. State

992 So. 2d 823, 2008 WL 4180056

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1723106

Cited 1 times | Published

investigative or prosecution costs pursuant to section 938.27, Florida Statutes (2003). Such costs shall

Broadnax v. State

987 So. 2d 160, 2008 WL 2744514

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 2585029

Cited 1 times | Published

court erred in imposing an $80 cost pursuant to section 938.27, Florida Statutes (2000), because the trial

Brown v. State

963 So. 2d 342, 2007 WL 2376631

District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 474113

Cited 1 times | Published

imposing $25 in costs of prosecution pursuant to section 938.27(1), Florida Statutes (2004), because the State

Hall v. State

932 So. 2d 1169, 2006 WL 1788470

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 2559919

Cited 1 times | Published

the amount of costs incurred as required by section 938.27(4), Florida Statutes (2004), we strike the

Boyd v. State

912 So. 2d 1293, 2005 WL 2897548

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 258246

Cited 1 times | Published

documentation from the investigating agency. See § 938.27(1), Fla. Stat. (2001); Ortiz v. State, 884 So

Ubertaccio v. State

892 So. 2d 507, 2004 WL 3023389

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 2590339

Cited 1 times | Published

$25 cost of prosecution imposed pursuant to section 938.27, Florida Statutes (2003), which must be stricken

Pagliuca v. State

860 So. 2d 1095, 2003 WL 22927150

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 348036

Cited 1 times | Published

special condition of his community control. Section 938.27(1), Florida Statutes (2002), allows the trial

Fields v. State

712 So. 2d 413, 1998 WL 235976

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1737185

Cited 1 times | Published

01(1), Florida Statutes (1995) (renumbered as section 938.27 and amended, effective July 1, 1997). See Sutton

Robert Everett Allen v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209489

Published

11 So. 3d 423, 423 (Fla. 4th DCA 2009)). Section 938.27(1), Florida Statutes (2019), states that, in

Kelvin Berrios v. State of Florida

District Court of Appeal of Florida | Filed: Jul 25, 2025 | Docket: 70914224

Published

amount authorized under section 938.27(8), Florida Statutes (2024). Section 938.27(8) requires a trial

Kenneth Wayne Townsend v. State of Florida

District Court of Appeal of Florida | Filed: Jul 25, 2025 | Docket: 70914223

Published

JOHNS COUNTY SHERIFF’S OFFICE,” pursuant to section 938.27, Florida Statutes, which the State did not

Jude Moise v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740040

Published

investigative costs on remand because section 938.27(1), Florida Statutes (2022), requires

Jude Moise v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740040

Published

investigative costs on remand because section 938.27(1), Florida Statutes (2022), requires

Gustavo Barada Huertas v. State of Florida

District Court of Appeal of Florida | Filed: Jun 24, 2025 | Docket: 70619931

Published

‘[c]osts for the state attorney’ mandated by section 938.27(8) must be imposed by the trial court even

Jourdan Daniel Parks v. State of Florida

Supreme Court of Florida | Filed: Jun 12, 2025 | Docket: 70522468

Published

are “[c]osts for the state attorney,” which section 938.27(8), Florida Statutes (2019), provides “must

Joseph Lindenberger v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260117

Published

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

Tasha Tyann Robbins v. State of Florida

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70053912

Published

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

Alijah Gadson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 25, 2025 | Docket: 69942245

Published

prosecution costs and the requested higher amount. See § 938.27(8), Fla. Stat. (2024) (“Costs for the state attorney

Misty Lee Elliot v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929355

Published

assessed $50 in investigative costs, pursuant to section 938.27(1), Florida Statutes (2023), which provides

Thomas Anthony Robilotta v. Lisa Kim Karkhoff

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899078

Published

costs. We agree and reverse on this issue. See § 938.27(8), Fla. Stat. (2023) (“Costs for the state attorney

Lee Forzon Baker Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833913

Published

the $100 minimum cost of prosecution under section 938.27(8), Florida Statutes on grounds that the State

Clifford Desue v. State of Florida

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737232

Published

673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court

Thomas Gibson v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69714610

Published

imposed a $100 cost of prosecution pursuant to section 938.27(8), Florida Statutes (2023), without a request

James Daniel Carnley v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2025 | Docket: 69689753

Published

imposed a $100 cost of prosecution pursuant to section 938.27(8), Florida Statutes (2023), without a request

Cristian Polanco v. State of Florida

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660268

Published

673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court

Cartel Demarcus Granison v. State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2025 | Docket: 69596417

Published

for the felony counts. See § 938.27(8), Fla. Stat. (2024). Section 938.27(8) states that the minimum

Hope Michelle Green v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2024 | Docket: 69486116

Published

of $1,100 for the costs of prosecution under section 938.27(8), Florida Statutes (2018), when the trial

Peter John Dimitrion v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435183

Published

291 So. 3d 591, 593 (Fla. 4th DCA 2020)). Section 938.27(1), Florida Statutes (2023), provides that

Peter John Dimitrion v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435183

Published

291 So. 3d 591, 593 (Fla. 4th DCA 2020)). Section 938.27(1), Florida Statutes (2023), provides that

Desha Ione Beauty v. State of Florida

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404469

Published

prescribed cost of prosecution pursuant to section 938.27(8), Florida Statutes (2024), if the State does

J.S., a Child v. State of Florida

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404298

Published

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

Danielle Murray v. State of Florida

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393196

Published

2019) (quoting § 938.27(8), Fla. Stat. (2018)) (internal quotation marks omitted); § 938.27(8), Fla. Stat

Cameron Michael Crandall v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378573

Published

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

Mikel Shawn King v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378567

Published

the $100 cost of prosecution contemplated by section 938.27, Florida Statutes. Pertinent here, during

David Jerome Brown v. State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347478

Published

assessment of prosecution costs pursuant to section 938.27, Florida Statutes, need not be supported by

Richard Earl Peterson, III v. State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266237

Published

Cost As for the $200 prosecution cost, section 938.27(8), Florida Statutes (2021), provides:

Tracorvis Levon Strickland v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234346

Published

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

Bernard Pedreira v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234598

Published

prosecution should therefore be stricken. See § 938.27(8), Fla. Stat. (2017); Chivese v. State, 295 So

David Scheider v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234597

Published

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

Paul Morales v. State of Florida

District Court of Appeal of Florida | Filed: Oct 1, 2024 | Docket: 69214023

Published

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

Richard J. Smith v. State of Florida

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69194186

Published

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

Timothy Porter v. State of Florida

District Court of Appeal of Florida | Filed: Sep 20, 2024 | Docket: 69180013

Published

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

White v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151366

Published

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

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151388

Published

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

Lorenzo Golphin v. State of Florida

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135351

Published

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

Bobby Jack Smith v. State of Florida

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 68253635

Published

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

Patterson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062885

Published

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

Patterson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062885

Published

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

Cory Wayne Driver v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950366

Published

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

Theodore Paul Piechota v. State of Florida

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68008427

Published

pay $50 in agency investigative costs under section 938.27, Florida Statutes (2022). This cost was not

Minor Catledge v. State of Florida

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68420104

Published

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

Jean Claude Noel v. State of Florida

District Court of Appeal of Florida | Filed: Jun 20, 2024 | Docket: 68869501

Published

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

Roberts v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68423091

Published

‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by

Nicole Burlinson v. Craig Wilson

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68423091

Published

impose costs of prosecution in this case. See § 938.27(8), Fla. Stat. (2023) (“Costs for the state attorney

Darrius Prince Alexander Hepburn v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829624

Published

erroneously imposed costs of prosecution under section 938.27(8), Florida Statutes, because the State did

Charles Lee Moultrie, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529903

Published

revocation, and in imposing a $100 cost under section 938.27(8), Florida Statutes, at sentencing. We affirm

Sebastian Garcia Lucas v. State of Florida

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529924

Published

“if requested by [the investigating] agencies.” § 938.27(1), Fla. Stat. (2022). Our supreme court made

Adrian Wood v. State of Florida

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68497743

Published

‘investigative’ cost incurred by an agency, as described in § 938.27(1), which can only be imposed ‘if requested’ by

ANTHONY JEROME BROOKS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68411334

Published

sufficient proof of higher fees or costs incurred.” § 938.27(8), Fla. Stat. (2022). AFFIRMED and REMANDED

Robert Joseph Goldsmith v. State of Florida

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68230724

Published

Supplemental Prosecution Costs Section 938.27, Florida Statutes (2021), pertinently provides:

Rhodes v. State of Florida

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68242456

Published

by imposing a $100 cost of prosecution under section 938.27, Florida Statutes, without first receiving

Kevin Douglas Ray v. State of Florida

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380299

Published

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

Kahasim Rashid Brown v. State of Florida

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335460

Published

800(b)(2) motion to correct sentencing error. Section 938.27(8), Florida Statutes, requires trial courts

Christopher L. Kee v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313543

Published

pronounce the higher amount at sentencing. See § 938.27(8), Fla. Stat. (2022). 1 When the trial court

Bookertee Hartfield v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290542

Published

challenges the imposition of a $100 fee under section 938.27(8), Florida Statutes. He argues the State must

Shaquille Pollock v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68251062

Published

imposition of a $100 cost of prosecution under section 938.27(8) of the Florida Statutes. On the facts presented

William Kiefer Bradley Egan v. State of Florida

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165984

Published

erroneously imposed a $100 cost of prosecution under section 938.27, Florida Statutes, without first receiving

JODY O'MALLEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 68155857

Published

State did not request it. The relevant statute, section 938.27(8), Florida Statutes (2013), makes cost of

Neftali Dominguez Zenon v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149065

Published

included a $200 cost of prosecution pursuant to section 938.27, Florida Statutes (2022), and $100 operating

RICHARD COLLAKE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 21, 2023 | Docket: 68107543

Published

investigation imposed by the trial court pursuant to section 938.27(1), Florida Statutes (2017), as the State failed

James Murray Beauford v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103702

Published

$50 cost of investigation is unlawful under section 938.27, Fla. Stat. (2019) because no agency requested

Armando Clayton Cabrera v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103704

Published

greater sum. We agree and reverse. Under section 938.27(8), Florida Statutes (2022), the cost of prosecution

Alana Savell v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008429

Published

court’s imposition of costs of prosecution under section 938.27(8), Florida Statutes (2016), and denials of

BRAYANT ELWYN MCCULLOUGH vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 67423012

Published

been incurred, thereby failing to comply with section 938.27(2)(c)(8), Florida Statutes (2022). Furthermore

WILLIAM ALEXANDER MCNAUGHTON, III v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657803

Published

costs. He argued that investigative costs under section 938.27(1), Florida Statutes (2022), should not have

HUNTER THOMAS BOESCH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 63180078

Published

and the investigative agency must request them. § 938.27(1), Fla. Stat. (2016). Here, although the defendant

CHAZ CUMMINGS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 23, 2023 | Docket: 68034482

Published

erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence

RODNEY MALONE vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2023 | Docket: 66818435

Published

sheriff’s $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State

MEAGAN WILSEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 67482075

Published

prosecution should have been $100 pursuant to section 938.27(8), Florida Statutes (2021), because the State

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 65358325

Published

higher than the statutory maximum of $100. See § 938.27(8), Fla. Stat. (2018). The State bore the burden

KEITH JOHANSEN vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 6, 2023 | Docket: 68034693

Published

erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence

CHITREKHA RAMSARAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698558

Published

request such costs prior to the judgment. § 938.27(1), Fla. Stat. (2020). In accordance with

ROYTEZ LEONARD TAYLOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617073

Published

prosecution cost in misdemeanor cases is $50. § 938.27(8), Fla. Stat. (2021). A trial court “may set

STEPHEN JOSEPH SKIRDULIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417131

Published

findings. We agree with the State. First, section 938.27(8), Florida Statutes (2021), provides: “Costs

Kahasim Rashid Brown v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365635

Published

318.18(18)—do not apply to this case. Under section 938.27, a trial court may assess a minimum of $50

DESHONE Q'MAR COPELAND v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881555

Published

behalf of the investigating agency pursuant to section 938.27(1), Florida Statutes (2019), and the prosecution

ARGEN ANTOWINE IVORY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881560

Published

behalf of the investigating agency pursuant to section 938.27(1), Florida Statutes (2018), $288.33 in costs

STEPHEN JOSEPH SKIRDULIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865321

Published

findings. We agree with the State. First, section 938.27(8), Florida Statutes (2021), provides: “Costs

RICHARD KEITH WASDEN vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 8, 2022 | Docket: 68035376

Published

permissible cost for a felony prosecution is $100. § 938.27(8), Fla. Stat. (2021). We therefore affirm but

JOHN DAMIEN OSBORNE vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 1, 2022 | Docket: 63198473

Published

not include the $245 investigative cost. See § 938.27(1), Fla. Stat. (2021); Richards v. State, 288

JAVAUGHN SKINKLE vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 20, 2022 | Docket: 63372590

Published

erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence

FRANKLIN GUY GIDDENS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 29, 2022 | Docket: 68035474

Published

plea and it was not requested by the State. See § 938.27(1), Fla. Stat. (2021); Richards v. State, 288

JEFFREY ALLEN SIKICH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 27, 2022 | Docket: 63266921

Published

in assessing $100 for prosecution costs Section 938.27(8), Florida Statutes (2021), states: “Costs

JACQUELINE RIVERA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198515

Published

not request such costs prior to the judgment. § 938.27(1), Fla. Stat. (2020). In accordance with Richards

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689371

Published

both cases. 1. Cost of Prosecution Section 938.27(8), Florida Statutes (2020), states that “[c]osts

ELIJAH BANKSTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618244

Published

judgment rendered against the convicted person.” § 938.27(1), Fla. Stat. (2019). “Any dispute as to the

D.L., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858364

Published

prosecution costs pursuant to section 938.27, Florida Statutes (2020). Section 938.27(8) provides: Costs

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660145

Published

could not impose investigative costs under section 938.27, Florida Statutes (2019), because the investigating

ROY LEE ICON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971140

Published

76 So. 3d 991, 993 (Fla. 4th DCA 2011). Section 938.27(1), Florida Statutes (2020), states that in

MICHAEL BARTOLONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936583

Published

could not impose investigative costs under section 938.27, Florida Statutes (2019), because the investigating

N.J.P., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899787

Published

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

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860100

Published

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

CHRISTAL E. SCOFIELD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 21, 2021 | Docket: 59840438

Published

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

DELILAH COLARTE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819927

Published

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

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699914

Published

the imposition of these costs. Pursuant to section 938.27(8), Florida Statutes, a court shall impose

BRIAN INGALLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534804

Published

argues that the trial court did not comply with section 938.27, Florida Statutes (2017), which requires factual

SHAREE DIXON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534801

Published

state on their behalf. That was erroneous. See § 938.27(1), Fla. Stat. (2016); Richards v. State, 288

SHANKAR MARAGH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436361

Published

the statutorily authorized minimum of $100. See § 938.27(8), Fla. Stat. (2018). As the State presented

SEAN MICHAEL GUADAGNO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16903255

Published

for payment of the costs of prosecution . . . .” § 938.27(1), Fla. Stat. With respect to prosecution costs:

SEAN MICHAEL GUADAGNO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16891204

Published

for payment of the costs of prosecution . . . .” § 938.27(1), Fla. Stat. With respect to prosecution costs:

BRADLEY A. BEVANS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16891210

Published

State, 11 So. 3d 423, 423 (Fla. 4th DCA 2009). Section 938.27(8), Florida Statutes, provides: Costs

Ronald J. Richards v. State of Florida

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761636

Published

can request investigative costs pursuant to section 938.27(1), Florida Statutes (2019). We have jurisdiction

FREDDIE L. KELLY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432700

Published

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

Negron v. State

266 So. 3d 1266

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708577

Published

investigative costs at an evidentiary hearing. Section 938.27(1), Florida Statutes (2018), provides, in pertinent

Speed v. State

262 So. 3d 267

District Court of Appeal of Florida | Filed: Jan 18, 2019 | Docket: 64701419

Published

substantial evidence to support those amounts. See § 938.27(7) - (8), Fla. Stat. (2016). We therefore remand

Speed v. State

262 So. 3d 267

District Court of Appeal of Florida | Filed: Jan 18, 2019 | Docket: 64701420

Published

substantial evidence to support those amounts. See § 938.27(7) - (8), Fla. Stat. (2016). We therefore remand

RAY MERCADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040494

Published

ative costs because the plain language of section 938.27(1), Florida Statutes (2016), requires that

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative

JAMES WITT v. STATE OF FLORIDA

239 So. 3d 1284

District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348068

Published

corrected $100 cost of prosecution fee under section 938.27(8), Florida Statutes (2016).

Derek L. Murray v. State

237 So. 3d 487

District Court of Appeal of Florida | Filed: Feb 26, 2018 | Docket: 6329018

Published

order while this appeal was pending. Section 938.27(1), Florida Statutes (2016), provides in pertinent

TYLER MOOK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229168

Published

3d 1156, 1158 (Fla. 5th DCA 2012)); see also § 938.27(1), Fla. Stat. (2015). Affirmed in part, reversed

Brown v. State

211 So. 3d 325, 2017 WL 634734, 2017 Fla. App. LEXIS 2069

District Court of Appeal of Florida | Filed: Feb 16, 2017 | Docket: 60262580

Published

be assessed against a convicted defendant, section 938.27(1), Florida Statutes, has been interpreted

Hall v. State

207 So. 3d 385, 2016 Fla. App. LEXIS 19240

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631332

Published

any request for the fee from the Department. See § 938.27, Fla. Stat. (2014) (“In all criminal and violation-of-probation

William Henry Thomas, III v. State of Florida

190 So. 3d 222, 2016 WL 1696617, 2016 Fla. App. LEXIS 6481

District Court of Appeal of Florida | Filed: Apr 28, 2016 | Docket: 3058917

Published

sheriffs investigative costs imposed pursuant to section 938.27, Florida Statutes (2010), as the court did

Cain v. State

197 So. 3d 1096, 2016 Fla. App. LEXIS 3483, 2016 WL 878773

District Court of Appeal of Florida | Filed: Mar 8, 2016 | Docket: 60256163

Published

$100 sheriffs investigative cost pursuant to section 938.27. The trial court did not orally pronounce these

William Henry Cain v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3042302

Published

$100 sheriff’s investigative cost pursuant to section 938.27. The trial court did not orally pronounce

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative

Q.Q.P. v. State

183 So. 3d 1157, 2015 Fla. App. LEXIS 19517, 2015 WL 9491843

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252941

Published

costs of prosecution as provided in s.938.27.” Section 938.27, Florida Statutes, provides in relevant part:

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

sentence page(s).) _A sum of $_pursuant to section 938,27, Florida Statutes (Prosecution/Investigative

J.J. v. State

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991093

Published

this cost could not be imposed pursuant to section 938.27, Florida Statutes (2013). See D.A. v. State

Dale L. Allen v. State of Florida

172 So. 3d 523, 2015 Fla. App. LEXIS 11955, 2015 WL 4747188

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683578

Published

investigative fee pursuant to section 938.27 of the Florida Statutes. Section 938.27(1) states: In all

Matthews v. State

171 So. 3d 800, 2015 Fla. App. LEXIS 11809, 2015 WL 4680971

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 2681883

Published

attorney of $150 *801 pursuant to section 938.27(8), Florida Statutes (2012). The burden is

N.S. v. State

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2651560

Published

assessed costs of prosecution as provided in [section 938.27, Florida Statutes (2013)]."). SILBERMAN

Manning v. State

162 So. 3d 1082, 2015 Fla. App. LEXIS 5565, 2015 WL 1736871

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 60247372

Published

the Department of Corrections.1 Pursuant to section 938.27(8), Florida Statutes (2013), the court imposed

Gedehomme v. State

160 So. 3d 533, 2015 Fla. App. LEXIS 4669, 2015 WL 1449174

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646050

Published

competent, substantial evidence. See § 938.27. The sentencing court had before it the Manatee

Maria Eileen Bratton v. State of Florida

156 So. 3d 590

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631636

Published

or documented by the State” as required by section 938.27, Florida Statutes). We also strike the

Riley v. State

153 So. 3d 329, 2014 Fla. App. LEXIS 19602, 2014 WL 6789903

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 60245228

Published

by imposing the costs of prosecution under section 938.27, Florida Statutes (2010) because the State

Daniel J. Diodato v. State

150 So. 3d 867, 2014 Fla. App. LEXIS 17911, 2014 WL 5614863

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592853

Published

supports the court’s imposition of costs. Section 938.27(1), Florida Statutes, states, in part:

Eric Michael Crapser v. State of Florida

148 So. 3d 794

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311328

Published

$100 mandatory cost of prosecution pursuant to section 938.27(8), Florida Statutes (2008), must be stricken

Collins v. State

145 So. 3d 930, 2014 WL 4087434, 2014 Fla. App. LEXIS 12781

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119488

Published

629, 629 (Fla. 2d DCA 2003). Pursuant to section 938.27(8), Florida Statutes (2010): Costs for

Pruitt v. State

98 So. 3d 234, 2012 Fla. App. LEXIS 16488, 2012 WL 4497736

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312246

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Pruitt v. State

98 So. 3d 235, 2012 WL 4497737, 2012 Fla. App. LEXIS 16487

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312247

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Pruitt v. State

98 So. 3d 233, 2012 Fla. App. LEXIS 16494, 2012 WL 4497735

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312245

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Pruitt v. State

98 So. 3d 232, 2012 Fla. App. LEXIS 16490, 2012 WL 4497734

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312244

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Pruitt v. State

98 So. 3d 237, 2012 Fla. App. LEXIS 16486, 2012 WL 4497739

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312249

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Pruitt v. State

98 So. 3d 236, 2012 Fla. App. LEXIS 16489, 2012 WL 4497738

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312248

Published

90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative costs’

Morales v. State

84 So. 3d 460, 2012 Fla. App. LEXIS 5552, 2012 WL 1193186

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60306747

Published

eliminates a $100 fee for costs of prosecution under section 938.27. We remand for the trial court to correct the

Wilcox v. State

79 So. 3d 878, 2012 Fla. App. LEXIS 1940, 2012 WL 407095

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 60305396

Published

account for the collection of court costs. Section 938.27(5), Florida Statutes, which controls the collection

De la Fuente v. State

58 So. 3d 394, 2011 Fla. App. LEXIS 5189, 2011 WL 1377065

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299354

Published

05(l)(a), Additional Court Costs for Felonies; 5) Section 938.27(1), Judgment for Costs on Conviction; (includes

In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323

Supreme Court of Florida | Filed: Sep 23, 2010 | Docket: 60296528

Published

sentence page(s).) _ A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative

FW v. State

29 So. 3d 428, 2010 WL 742591

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 2512126

Published

So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts

A.W. v. State

37 So. 3d 268, 2009 Fla. App. LEXIS 18719

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 60294515

Published

in imposing costs of prosecution pursuant to section 938.27, Florida Statutes (2009), in the amount of

S.D.J. v. State

21 So. 3d 140

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 60259883

Published

So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize courts

Outin v. State

12 So. 3d 322, 2009 Fla. App. LEXIS 8701, 2009 WL 1883908

District Court of Appeal of Florida | Filed: Jul 2, 2009 | Docket: 60233806

Published

$100 statutory minimum that is required by section 938.27, Florida Statutes (2008). We find that in the

Tapia v. State

2 So. 3d 1021, 2008 Fla. App. LEXIS 20340, 2008 WL 5412319

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1324632

Published

imposition of investigative costs authorized by section 938.27(1), Florida Statutes (2006). Mr. Tapia's claim

Negron v. State

958 So. 2d 513, 2007 Fla. App. LEXIS 8263, 2007 WL 1544494

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 64851027

Published

this case.... Additionally, the language of section 938.27, Florida Statutes, indicates that imposition

Felton v. State

939 So. 2d 1159, 2006 Fla. App. LEXIS 17827, 2006 WL 3018154

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847369

Published

that this was error. To impose costs under section 938.27, Florida Statutes (2003), the agency expending

Lambert v. State

912 So. 2d 1275, 2005 Fla. App. LEXIS 17217, 2005 WL 2863044

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840703

Published

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

Parham v. State

902 So. 2d 287, 2005 Fla. App. LEXIS 7868, 2005 WL 1225418

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64838416

Published

and $30 without the requisite documentation. See § 938.27(1), Fla. Stat. (2003); Ubertaccio v. State, 892

McCarthy v. State

893 So. 2d 689, 2005 Fla. App. LEXIS 1680, 2005 WL 380897

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 64836101

Published

State’s production of the required documentation. Section 938.27(1), Florida Statutes (2002), governing the

Bass v. State

873 So. 2d 569, 2004 Fla. App. LEXIS 7365, 2004 WL 1159724

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 64830704

Published

discretionary costs of prosecution authorized by section 938.27(1) — may be validly imposed if the State expressly

Tennant v. State

827 So. 2d 321, 2002 Fla. App. LEXIS 13218, 2002 WL 31039407

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64817881

Published

93-3580, 93-3588, and 93-3590. . See generally, § 938.27(1), Fla. Stat. (2001). . After Tennant was sentenced

Smith v. State

801 So. 2d 1043, 2001 Fla. App. LEXIS 18013, 2001 WL 1635480

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 64810826

Published

be entered against the defendant pursuant to section 938.27, Florida Statutes (2000). In this case, the

Smith v. State

787 So. 2d 172, 2001 Fla. App. LEXIS 6131, 2001 WL 484457

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 64806059

Published

trial court imposed $100 in costs pursuant to section 938.27(1), Florida Statutes (1999), for investigative

Vargas v. State

787 So. 2d 93, 2001 Fla. App. LEXIS 3852, 2001 WL 280222

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64806030

Published

indigent man as an investigative cost under section 938.27(1), Florida Statutes (1999). The department

Hall v. State

760 So. 2d 972, 2000 Fla. App. LEXIS 5012, 2000 WL 502476

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 64798096

Published

attributed to services performed by a CPA firm. Section 938.27, Florida Statutes (1997) authorizes imposition

Sam v. State

741 So. 2d 1247, 1999 Fla. App. LEXIS 13162, 1999 WL 790663

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64791249

Published

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