SC2023-1355
The Florida Supreme Court resolved a district conflict over whether the $50/$100 minimum 'costs for the state attorney' under section 938.27(8) may be imposed without a request by the State. The Court approved the First District's decision in Parks and disapproved the Second District's D.L.J., holding that subsection (8)'s mandatory minimum costs are self-executing and require no request or proof by the State, unlike investigative costs under subsection (1) which do require a request.
Key facts
- The State of Florida sought to impose mandatory minimum costs for the state attorney under section 938.27(8) in criminal cases, but a conflict existed among district courts regarding whether such costs could be imposed without an explicit request from the State.
- The trial courts had been inconsistently imposing the $50/$100 minimum state attorney costs, with the Second District Court of Appeal holding that a State request was required, while the First District held no request was necessary.
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Why it matters
This resolves a recurring and frequently litigated issue in Florida sentencing appeals regarding costs assessed under section 938.27, providing clear guidance that trial courts must impose the statutory minimum state… — full analysis with a trial
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