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Florida Statute 938.27 | Lawyer Caselaw & Research
F.S. 938.27 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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.

(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 from cite.case.law:

NEGRON, v. STATE, 266 So. 3d 1266 (Fla. App. Ct. 2019)

. . . 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 . . .

SPEED, v. STATE, 262 So. 3d 267 (Fla. App. Ct. 2019)

. . . See § 938.27(7) - (8), Fla. Stat. (2016). . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . of prosecution and investigation, notwithstanding the child's present ability to pay, under sections 938.27 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

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

ROBINSON, v. STATE, 256 So. 3d 217 (Fla. App. Ct. 2018)

. . . See §§ 775.089(1)(c)1., 938.27(8), Fla. Stat. (2015). . . .

HOGLE, v. STATE, 250 So. 3d 178 (Fla. App. Ct. 2018)

. . . 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. . . .

WITT, v. STATE, 239 So. 3d 1284 (Fla. App. Ct. 2018)

. . . as a habitual felony offender and (2) imposes a corrected $100 cost of prosecution fee under section 938.27 . . .

MURRAY, v. STATE, 237 So. 3d 487 (Fla. App. Ct. 2018)

. . . Section 938.27(1), Florida Statutes (2016), provides in pertinent part that in all criminal cases, the . . .

THOMAS, v. STATE, 236 So. 3d 1159 (Fla. App. Ct. 2018)

. . . 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 . . .

MOOK, v. STATE, 231 So. 3d 8 (Fla. Dist. Ct. App. 2017)

. . . State, 93 So.3d 1156, 1158 (Fla. 5th DCA 2012)); see also § 938.27(1), Fla. Stat. (2015). . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

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

BROWN, v. STATE, 211 So. 3d 325 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

HALL, v. STATE, 207 So.3d 385 (Fla. Dist. Ct. App. 2016)

. . . See § 938.27, Fla. . . .

A. HENDERSON, v. STATE, 192 So. 3d 638 (Fla. Dist. Ct. App. 2016)

. . . , and “costs of judicial administration” are not included in the costs of prosecution under section 938.27 . . .

THOMAS, III, v. STATE, 190 So. 3d 222 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

CAIN, v. STATE, 197 So. 3d 1096 (Fla. Dist. Ct. App. 2016)

. . . .$100 sheriffs investigative cost pursuant to section 938.27. . . .

Q. Q. P. A v. STATE, 183 So. 3d 1157 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

J. J. v. STATE, 181 So. 3d 522 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

MILLS, v. STATE, 177 So. 3d 984 (Fla. Dist. Ct. App. 2015)

. . . $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 . . .

L. ALLEN, v. STATE, 172 So. 3d 523 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

C. MATTHEWS, v. STATE, 171 So. 3d 800 (Fla. Dist. Ct. App. 2015)

. . . Second, the trial court imposed costs for the state attorney of $150 pursuant to section 938.27(8), Florida . . .

N. S. v. STATE, 162 So. 3d 1142 (Fla. Dist. Ct. App. 2015)

. . . adjudication of delinquency withheld shall be assessed costs of prosecution as provided in [section 938.27 . . .

L. MANNING, v. STATE, 162 So. 3d 1082 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to section 938.27(8), Florida Statutes (2013), the court imposed the minimum $100 charge against . . .

GEDEHOMME, v. STATE, 160 So. 3d 533 (Fla. Dist. Ct. App. 2015)

. . . See § 938.27. . . .

BRATTON, v. STATE, 156 So. 3d 590 (Fla. Dist. Ct. App. 2015)

. . . was “no record evidence that they were requested or documented by the State” as required by section 938.27 . . .

LIPPWE, v. STATE, 152 So. 3d 782 (Fla. Dist. Ct. App. 2014)

. . . “investigative fees” that are not “costs for the state attorney” are imposed pursuant to subsection 938.27 . . .

M. RILEY, v. STATE, 153 So. 3d 329 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

J. DIODATO, v. STATE, 150 So. 3d 867 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

CRAPSER, v. STATE, 148 So. 3d 794 (Fla. Dist. Ct. App. 2014)

. . . Finally, the $100 mandatory cost of prosecution pursuant to section 938.27(8), Florida Statutes (2008 . . .

HARRISON, v. STATE, 146 So. 3d 76 (Fla. Dist. Ct. App. 2014)

. . . . § 938.27(8), Fla. Stat. (2011) (cost of prosecution); § 938.29(l)(a), Fla. . . .

A. COLLINS, v. STATE, 145 So. 3d 930 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 938.27(8), Florida Statutes (2010): Costs for the state attorney shall be set in . . .

C. JACKSON, v. STATE, 137 So. 3d 470 (Fla. Dist. Ct. App. 2014)

. . . Section 938.27(1), Florida Statutes (2011), requires that convicted criminals are liable for payment . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . case when a felony offense is charged), the costs of prosecution and investigation, under sections 938.27 . . .

C. OGDEN, v. STATE, 117 So. 3d 479 (Fla. Dist. Ct. App. 2013)

. . . 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. . . .

SIMS, v. STATE, 110 So. 3d 975 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

DeSALVO, v. STATE, 107 So. 3d 1185 (Fla. Dist. Ct. App. 2013)

. . . pronounced at the sentencing hearing; the $50 prosecution investigative costs imposed pursuant to section 938.27 . . .

SANDERS, v. STATE, 101 So. 3d 373 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

PRUITT, v. STATE, 98 So. 3d 231 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 232 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 233 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 234 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 235 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 236 (Fla. Dist. Ct. App. 2012)

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

PRUITT, v. STATE, 98 So. 3d 237 (Fla. Dist. Ct. App. 2012)

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

LEYRITZ, v. STATE, 93 So. 3d 1156 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

HILLS, v. STATE, 90 So. 3d 927 (Fla. Dist. Ct. App. 2012)

. . . 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). . . .

MARTINEZ, v. STATE, 91 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . 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. . . .

MORALES, v. STATE, 84 So. 3d 460 (Fla. Dist. Ct. App. 2012)

. . . amended judgment and sentence instead eliminates a $100 fee for costs of prosecution under section 938.27 . . .

WILCOX, v. STATE, 79 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . Section 938.27(5), Florida Statutes, which controls the collection of court costs after default, provides . . .

P. MAESTAS, v. STATE, 76 So. 3d 991 (Fla. Dist. Ct. App. 2011)

. . . We hold that the trial court correctly imposed the $100 fee for costs of prosecution, as section 938.27 . . .

DE LA FUENTE, v. STATE, 58 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . Education for Local Government; 4) Section 938.05(l)(a), Additional Court Costs for Felonies; 5) Section 938.27 . . .

BRYANT, Jr. v. STATE, 47 So. 3d 952 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

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

PARKER, v. STATE, 44 So. 3d 1190 (Fla. Dist. Ct. App. 2010)

. . . See § 938.27(1) & (4), Fla. Stat. (2009). . . .

DAVIS, v. STATE, 42 So. 3d 807 (Fla. Dist. Ct. App. 2010)

. . . 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. . . .

HOULE, v. STATE, 33 So. 3d 822 (Fla. Dist. Ct. App. 2010)

. . . We affirm the trial court’s assessment of the costs of prosecution and investigation under section 938.27 . . .

L. INGRAHAM, v. STATE, 32 So. 3d 761 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

F. W. A v. STATE, 29 So. 3d 428 (Fla. Dist. Ct. App. 2010)

. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .

STATE v. DOMINGUEZ,, 27 So. 3d 782 (Fla. Dist. Ct. App. 2010)

. . . 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 “ . . .

DEL VALLE, v. STATE, 26 So. 3d 650 (Fla. Dist. Ct. App. 2010)

. . . See § 938.27(1), Fla. Stat. (2007). . . . Section 938.27(1) was amended in 2008 to no longer require such costs to be documented. . . .

HAYES, a k a v. STATE, 25 So. 3d 683 (Fla. Dist. Ct. App. 2010)

. . . Section 938.27(1), Florida Statutes (2007), provides that “convicted persons are liable for payment of . . .

SIMMONS, Jr. v. STATE, 24 So. 3d 636 (Fla. Dist. Ct. App. 2009)

. . . 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. a v. STATE, 37 So. 3d 268 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

S. D. J. A v. STATE, 21 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .

S. D. J. a v. STATE, 21 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . State, 11 So.3d 423 (Fla. 4th DCA 2009) (holding that section 938.27(1), Florida Statutes, does not authorize . . .

HARRISON, v. STATE, 12 So. 3d 1291 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

OUTIN, III, v. STATE, 12 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27 . . .

D. A. a v. STATE, 11 So. 3d 423 (Fla. Dist. Ct. App. 2009)

. . . 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, v. STATE, 2 So. 3d 1021 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

LOVE, v. STATE, 992 So. 2d 823 (Fla. Dist. Ct. App. 2008)

. . . The trial court imposed $25 in investigative or prosecution costs pursuant to section 938.27, Florida . . . See § 938.27(1). . . .

M. BROADNAX, v. STATE, 987 So. 2d 160 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

JONES, v. STATE, 988 So. 2d 15 (Fla. Dist. Ct. App. 2008)

. . . The $150 assessed for prosecution costs and the $130 assessed for investigative costs under section 938.27 . . .

WATTS, v. STATE, 973 So. 2d 1271 (Fla. Dist. Ct. App. 2008)

. . . See § 938.27(1), Fla. Stat. (2002); Phillips v. . . .

A. DENMARK, v. STATE, 993 So. 2d 1007 (Fla. Dist. Ct. App. 2007)

. . . $2.00 to the Criminal Justice Education Fund, Investigative Costs in the amount of $100.00 pursuant to 938.27 . . .

McGEE, v. STATE, 963 So. 2d 931 (Fla. Dist. Ct. App. 2007)

. . . Defense Fee as required by s. 27.52, F.S., and Investigative Costs in the amount of $360.00 pursuant to 938.27 . . .

CLARK, v. STATE, 963 So. 2d 911 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

BROWN, v. STATE, 963 So. 2d 342 (Fla. Dist. Ct. App. 2007)

. . . State concedes that the trial court erred in imposing $25 in costs of prosecution pursuant to section 938.27 . . .

NEGRON, v. STATE, 958 So. 2d 513 (Fla. Dist. Ct. App. 2007)

. . . 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). . . .

V. THIBAULT, v. STATE, 945 So. 2d 646 (Fla. Dist. Ct. App. 2006)

. . . In contrast, section 938.27(5), Florida Statutes (2002) (the version in effect on March 30, 2003, the . . .

PHILLIPS, n k a v. STATE, 942 So. 2d 1042 (Fla. Dist. Ct. App. 2006)

. . . .” § 938.27(4), Fla. Stat. (2003). . . . Section 939.01 since been renumbered section 938.27. Ch. 97-271, § 21, at 4993, Laws of Fla. . . .

FELTON, v. STATE, 939 So. 2d 1159 (Fla. Dist. Ct. App. 2006)

. . . To impose costs under section 938.27, Florida Statutes (2003), the agency expending the costs must specifically . . .

SHEPARD, v. STATE, 939 So. 2d 311 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

GILCHRIST, v. STATE, 938 So. 2d 654 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

HALL, v. STATE, 932 So. 2d 1169 (Fla. Dist. Ct. App. 2006)

. . . State failed to meet its burden of demonstrating the amount of costs incurred as required by section 938.27 . . .

M. HOWARD, v. STATE, 920 So. 2d 764 (Fla. Dist. Ct. App. 2006)

. . . State failed to meet its burden of demonstrating the amount of costs incurred, as required by section 938.27 . . .

BOYD, v. STATE, 912 So. 2d 1293 (Fla. Dist. Ct. App. 2005)

. . . See § 938.27(1), Fla. Stat. (2001); Ortiz v. State, 884 So.2d 77, 78 (Fla. 2d DCA 2004). . . .

LAMBERT, v. STATE, 912 So. 2d 1275 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

PARHAM, v. STATE, 902 So. 2d 287 (Fla. Dist. Ct. App. 2005)

. . . See § 938.27(1), Fla. Stat. (2003); Ubertaccio v. State, 892 So.2d 507 (Fla. 2d DCA 2004). . . .

I. DIAZ, v. STATE, 901 So. 2d 310 (Fla. Dist. Ct. App. 2005)

. . . 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, v. STATE, 898 So. 2d 1161 (Fla. Dist. Ct. App. 2005)

. . . 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. . . .

ARMSTRONG, v. STATE, 896 So. 2d 866 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

COOK, v. STATE, 896 So. 2d 870 (Fla. Dist. Ct. App. 2005)

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

McCARTHY, v. STATE, 893 So. 2d 689 (Fla. Dist. Ct. App. 2005)

. . . Section 938.27(1), Florida Statutes (2002), governing the judgment for costs on conviction, provides . . .

UBERTACCIO, v. STATE, 892 So. 2d 507 (Fla. Dist. Ct. App. 2004)

. . . court improperly imposed the following costs: (1) $25 cost of prosecution imposed pursuant to section 938.27 . . .

MUNOZ, v. STATE, 884 So. 2d 1070 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

BASS, v. STATE, 873 So. 2d 569 (Fla. Dist. Ct. App. 2004)

. . . The costs of extradition — considered discretionary costs of prosecution authorized by section 938.27 . . .

ORTIZ, v. STATE, 884 So. 2d 77 (Fla. Dist. Ct. App. 2004)

. . . Costs for prosecution and investigation imposed under section 938.27(1), Florida Statutes (2001), “must . . .

PAGLIUCA, v. STATE, 860 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

. . . Section 938.27(1), Florida Statutes (2002), allows the trial court to impose the costs of prosecution . . .

HILL, v. STATE, 845 So. 2d 310 (Fla. Dist. Ct. App. 2003)

. . . No documentation was presented in support of this request, contrary to section 938.27(1), Florida Statutes . . .

L. DEMAR, v. STATE, 840 So. 2d 381 (Fla. Dist. Ct. App. 2003)

. . . an opportunity to be heard on the issue nor was her ability to pay considered, contrary to section 938.27 . . .