The 2023 Florida Statutes (including Special Session C)
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. . . Section 938.27(1), Florida Statutes (2018), provides, in pertinent part, that in all criminal cases, . . . investigation and prosecution of the criminal case and may also include the salaries of permanent employees. § 938.27 . . .
. . . See § 938.27(7) - (8), Fla. Stat. (2016). . . .
. . . of prosecution and investigation, notwithstanding the child's present ability to pay, under sections 938.27 . . .
. . . .) ___ A sum of $_____ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs) . . .
. . . See §§ 775.089(1)(c)1., 938.27(8), Fla. Stat. (2015). . . .
. . . fee pursuant to section 938.29(1)(a), as well as $2,5247.79 for prosecution costs pursuant to section 938.27 . . . See § 938.27(8), Fla. . . .
. . . as a habitual felony offender and (2) imposes a corrected $100 cost of prosecution fee under section 938.27 . . .
. . . Section 938.27(1), Florida Statutes (2016), provides in pertinent part that in all criminal cases, the . . .
. . . section 938.04(1), Florida Statutes ; and a Sheriff's Office Investigative Cost pursuant to section 938.27 . . . Section 938.27(1), Florida Statutes, expressly provides that "convicted persons are liable for payment . . .
. . . State, 93 So.3d 1156, 1158 (Fla. 5th DCA 2012)); see also § 938.27(1), Fla. Stat. (2015). . . .
. . . Stat. (2016) (“shall pay as a cost in the case”); § 938.27(1), Fla. . . .
. . . statute that allows for the costs of prosecution to be assessed against a convicted defendant, section 938.27 . . . costs are an ancillary cost of prosecution that are not recoverable under section 939.01 [renumbered as 938.27 . . . reversing imposition of $1,000 of “juror costs” that are “costs of judicial administration” under section 938.27 . . . for interpreting section 939.02 as allowing jury or “venire” costs that are disallowed under section 938.27 . . .
. . . , and “costs of judicial administration” are not included in the costs of prosecution under section 938.27 . . .
. . . concerning the court’s assessment of $100 in sheriffs investigative costs imposed pursuant to section 938.27 . . . State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27 . . .
. . . .$100 sheriffs investigative cost pursuant to section 938.27. . . .
. . . 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 . . . Office of Financial Regulation of the Financial Services Commission, if requested by such agencies. § 938.27 . . . relatively new section 985.032(2) authorizes the assessment of costs of prosecution “as provided in s.938.27 . . .
. . . of prosecution, the State correctly concedes that this cost could not be imposed pursuant to section 938.27 . . . Fla. 4th DCA 2009) (holding that it was error to impose the cost of prqsecution pursuant to section 938.27 . . . adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s[ection] 938.27 . . .
. . . $100 sheriffs investigative cost, imposed separately after the sentencing hearing pursuant to section 938.27 . . . State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27 . . .
. . . The trial court also entered an order assessing a $554.59 investigative fee pursuant to section 938.27 . . . Section 938.27(1) states: In all criminal and violation-of-probation or community-control cases, convicted . . . result of a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. § 938.27 . . . contest plea, and the trial court imposed “prosecution and investigative costs” pursuant to section 938.27 . . . and type of costs of prosecution to be assessed against a convicted person,’ the design of [section 938.27 . . .
. . . Second, the trial court imposed costs for the state attorney of $150 pursuant to section 938.27(8), Florida . . .
. . . adjudication of delinquency withheld shall be assessed costs of prosecution as provided in [section 938.27 . . .
. . . Pursuant to section 938.27(8), Florida Statutes (2013), the court imposed the minimum $100 charge against . . .
. . . was “no record evidence that they were requested or documented by the State” as required by section 938.27 . . .
. . . “investigative fees” that are not “costs for the state attorney” are imposed pursuant to subsection 938.27 . . .
. . . We agree with Riley that the trial court erred by imposing the costs of prosecution under section 938.27 . . . State, 137 So.3d 470, 472-73 (Fla. 4th DCA 2014) (reversing award of investigatory costs under § 938.27 . . .
. . . Section 938.27(1), Florida Statutes, states, in part: In all criminal ... cases, convicted persons are . . . of guilt, ... which is a result of ... trial, ... regardless of whether adjudication is withheld. § 938.27 . . .
. . . Finally, the $100 mandatory cost of prosecution pursuant to section 938.27(8), Florida Statutes (2008 . . .
. . . . § 938.27(8), Fla. Stat. (2011) (cost of prosecution); § 938.29(l)(a), Fla. . . .
. . . Pursuant to section 938.27(8), Florida Statutes (2010): Costs for the state attorney shall be set in . . .
. . . Section 938.27(1), Florida Statutes (2011), requires that convicted criminals are liable for payment . . .
. . . case when a felony offense is charged), the costs of prosecution and investigation, under sections 938.27 . . .
. . . Statutes (2010), in the drug case; and sheriffs and prosecutor’s investigative costs under section 938.27 . . . improperly imposed because the agencies did not request them, as required for their imposition by section 938.27 . . . The investigative costs imposed under section 938.27 also must be stricken because the agencies did not . . . It may not, however, reimpose the investigative costs imposed under section 938.27. DeSalvo v. . . .
. . . We also conclude that the $100 cost imposed pursuant to section 938.27(8), Florida Statutes, must be . . . court erred in imposing the mandatory $100 cost of prosecution pursuant to the 2008 version of section 938.27 . . . Fla. 1st DCA 2012) (noting that while the imposition of the costs of prosecution pursuant to section 938.27 . . .
. . . pronounced at the sentencing hearing; the $50 prosecution investigative costs imposed pursuant to section 938.27 . . .
. . . section 938.06(1), Florida Statutes (2009), and the $100 cost of prosecution imposed pursuant to section 938.27 . . . State, 90 So.3d 927, 928 (Fla. 1st DCA 2012) (“The 2008 amendments to section 938.27(8) created mandatory . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 938.27(8) does not pertain to ‘investigative . . .
. . . According to section 938.27(1), Florida Statutes (2010), “convicted persons are liable for payment of . . . that the “court shall include these costs in every judgment rendered against the convicted person.” § 938.27 . . .
. . . Florida Statutes and the costs for the state attorney imposed by the trial court pursuant to section 938.27 . . . Appellant seeks reversal of the $100 in state attorney costs under the language of section 938.27(1), . . . 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. . . . Ch. 2008-111, § 44, Laws of Fla.; § 938.27(1) & (2)(a), Fla. Stat. (2010). . . .
. . . costs of extraditing the defendant from Pennsylvania to Florida as costs of prosecution under section 938.27 . . . Extradition costs are imposed and enforced as costs of prosecution under sections 938.27 and 938.30. . . . , the sanction applies “[i]n all criminal and violation-of-probation or community-control cases.” § 938.27 . . . payment of these costs as a condition of probation, and failure to pay is a ground for revocation. § 938.27 . . . See §§ 938.27(5), 938.30(6), (12); cf. Woods v. . . .
. . . amended judgment and sentence instead eliminates a $100 fee for costs of prosecution under section 938.27 . . .
. . . Section 938.27(5), Florida Statutes, which controls the collection of court costs after default, provides . . .
. . . We hold that the trial court correctly imposed the $100 fee for costs of prosecution, as section 938.27 . . .
. . . Education for Local Government; 4) Section 938.05(l)(a), Additional Court Costs for Felonies; 5) Section 938.27 . . .
. . . Bryant contests the imposition of a $150 prosecution cost pursuant to section 938.27. . . . Office of Financial Regulation of the Financial Services Commission, if requested by such agencies.... § 938.27 . . .
. . . .) _ A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs). _ A sum . . .
. . . See § 938.27(1) & (4), Fla. Stat. (2009). . . .
. . . Section 938.27(1), Florida Statutes (2007), provides that the costs of prosecution shall be imposed against . . . See § 938.27(4), Fla. Stat. (2007). Here, Mr. . . . Section 938.27(1), Florida Statutes, allows for costs of prosecution to be assessed against a convicted . . . The language of section 938.27, Florida Statutes, does not limit the cost of prosecution to a single . . . Furthermore, section 938.27, Florida Statutes, is not punitive, but is compensatory in nature. . . .
. . . We affirm the trial court’s assessment of the costs of prosecution and investigation under section 938.27 . . .
. . . Ingraham argues that the $225 fee imposed on him for “investigative costs” under section 938.27(1), Florida . . . The legislature amended section 938.27(1), effective July 1, 2008, to eliminate the documentation requirement . . .
. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .
. . . to assess the police investigative costs as part of the judgment of conviction pursuant to section 938.27 . . . Regarding the investigative costs, section 938.27, Florida Statutes (2007) provides that such costs “ . . .
. . . See § 938.27(1), Fla. Stat. (2007). . . . Section 938.27(1) was amended in 2008 to no longer require such costs to be documented. . . .
. . . Section 938.27(1), Florida Statutes (2007), provides that “convicted persons are liable for payment of . . .
. . . Section 938.27(8), Florida Statutes (2008), provides: Costs for the state attorney shall be set in all . . . The portion of the statute quoted here was added to section 938.27(8), effective July 1, 2008. . . .
. . . A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.27 . . . It is clear that section 938.27 does not authorize the imposition of costs of prosecution in delinquency . . .
. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .
. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .
. . . Section 938.27, Florida Statutes (2008), authorizes trial courts to impose costs of investigation on . . . Section 938.27(4) provides, “Any dispute as to the proper amount or type of costs shall be resolved by . . .
. . . for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27 . . .
. . . We hold that it was error for the trial court to impose costs of prosecution pursuant to section 938.27 . . . Section 938.27(1), Florida Statutes (2007) provides for the imposition of costs of prosecution, as follows . . . Thus, section 938.27, Florida Statutes (2007), which expressly applies to all “convicted persons” in . . .
. . . Tapia challenges the imposition of investigative costs authorized by section 938.27(1), Florida Statutes . . . Section 938.27(1) provides that “convicted persons are liable for payment of the documented costs of . . .
. . . The trial court imposed $25 in investigative or prosecution costs pursuant to section 938.27, Florida . . . See § 938.27(1). . . .
. . . Broadnax first argues that the trial court erred in imposing an $80 cost pursuant to section 938.27, . . . We agree that the $80 cost must be stricken because under the 2000 version of section 938.27(5), the . . .
. . . The $150 assessed for prosecution costs and the $130 assessed for investigative costs under section 938.27 . . .
. . . See § 938.27(1), Fla. Stat. (2002); Phillips v. . . .
. . . $2.00 to the Criminal Justice Education Fund, Investigative Costs in the amount of $100.00 pursuant to 938.27 . . .
. . . Defense Fee as required by s. 27.52, F.S., and Investigative Costs in the amount of $360.00 pursuant to 938.27 . . .
. . . Clark is $150 and $130 in prosecution and sheriffs investigative costs imposed pursuant to section 938.27 . . . (1), and that the court failed to consider Clark’s financial resources and ability to pay, see § 938.27 . . . Our precedent requires that costs imposed under the 2002 version of section 938.27 be stricken when either . . . On remand, the court shall strike the two costs but may reimpose them if the requisites of section 938.27 . . . The 2002 version of section 938.27 provides that investigative costs shall be assessed "if requested . . .
. . . State concedes that the trial court erred in imposing $25 in costs of prosecution pursuant to section 938.27 . . .
. . . Additionally, the language of section 938.27, Florida Statutes, indicates that imposition of investigative . . . Section 938.27(4) also indicates that the defendant has the burden of proving his financial resources . . . On appeal, Negron argues that, pursuant to the 2000 version of section 938.27, Florida Statutes, the . . . Subsection (5) of the 2000 version of section 938.27 requires the court to “consider the amount of the . . . See § 938.27, Fla. Stat. (2006). . . .
. . . In contrast, section 938.27(5), Florida Statutes (2002) (the version in effect on March 30, 2003, the . . .
. . . .” § 938.27(4), Fla. Stat. (2003). . . . Section 939.01 since been renumbered section 938.27. Ch. 97-271, § 21, at 4993, Laws of Fla. . . .
. . . To impose costs under section 938.27, Florida Statutes (2003), the agency expending the costs must specifically . . .
. . . Regarding payment of costs on conviction, section 938.27(2)(a), Florida Statutes, provides that the trial . . . shall require the defendant to pay the costs within a specified period or in specified installments.” § 938.27 . . . 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. . . . The State relies upon the plain language of section 938.27(2)(c) in support of its position that costs . . .
. . . The statute governing the assessment of fees in this case is section 938.27, Florida Statutes (2005), . . . investigative costs and remand for the trial court to reimpose the costs if the requirements of section 938.27 . . . investigation and prosecution and remanding for reimposition of the costs if the requirements of section 938.27 . . .
. . . State failed to meet its burden of demonstrating the amount of costs incurred as required by section 938.27 . . .
. . . State failed to meet its burden of demonstrating the amount of costs incurred, as required by section 938.27 . . .
. . . See § 938.27(1), Fla. Stat. (2001); Ortiz v. State, 884 So.2d 77, 78 (Fla. 2d DCA 2004). . . .
. . . investigative costs must be stricken because the arresting agency did not request them as required by section 938.27 . . . Court costs section 938.27 provides in relevant part as follows: 938.27 Judgment for costs on conviction . . . We affirm the assessment of this cost. $150 Court Improvement Fund Cost In contrast to section 938.27 . . . The 2003 legislative amendment to section 938.27 deleted a requirement that the trial court consider . . .
. . . See § 938.27(1), Fla. Stat. (2003); Ubertaccio v. State, 892 So.2d 507 (Fla. 2d DCA 2004). . . .
. . . In both cases, the trial court imposed the following costs: (1) $150 in prosecution costs, § 938.27, . . . Stat. (2002); (2) $130 in investigative costs, § 938.27; and (3) $150 in court costs for court facilities . . . See § 938.27(1); Ortiz v., State, 884 So.2d 77, 78 (Fla. 2d DCA 2004); Smith v. . . .
. . . James’s contention that the trial court erred in imposing certain costs under sections 938.27(1) and . . . trial court imposed $150 for costs of prosecution and $130 for investigatory costs pursuant to section 938.27 . . . See § 938.27(1), (5); Ortiz v. State, 884 So.2d 77, 78 (Fla. 2d DCA 2004); Taylor v. . . .
. . . Condition 21 of the probation order assesses $260.00 for the cost of prosecution pursuant to section 938.27 . . . conditions 21, 22 and 23, but remand for reimposition of the costs if the requirements of sections 938.27 . . .
. . . For example, costs of prosecution are now described in section 938.27, Florida Statutes (2004), and that . . .
. . . Section 938.27(1), Florida Statutes (2002), governing the judgment for costs on conviction, provides . . .
. . . court improperly imposed the following costs: (1) $25 cost of prosecution imposed pursuant to section 938.27 . . .
. . . Section 938.27, Florida Statutes, (2001) requires the court to impose costs if requested and documented . . . Section 938.27(6), Florida Statutes, places the burden on the state to substantiate the amount of costs . . . and remand to provide the state an opportunity to comply with the procedural requirements of section 938.27 . . .
. . . The costs of extradition — considered discretionary costs of prosecution authorized by section 938.27 . . .
. . . Costs for prosecution and investigation imposed under section 938.27(1), Florida Statutes (2001), “must . . .
. . . Section 938.27(1), Florida Statutes (2002), allows the trial court to impose the costs of prosecution . . .
. . . No documentation was presented in support of this request, contrary to section 938.27(1), Florida Statutes . . .
. . . an opportunity to be heard on the issue nor was her ability to pay considered, contrary to section 938.27 . . .