Summary
The Supreme Court of Florida held that the minimum costs for the state attorney mandated by section 938.27(8), Florida Statutes (2019), must be imposed even when the State does not request them. The Court approved the First District's decision in Parks v. State and disapproved the Second District's contrary decision in D.L.J. v. State, concluding that the specific mandate in subsection (8) controls over the general request requirement applicable to certain investigative costs under subsection (1).
Holdings
- The minimum costs for the state attorney mandated by section 938.27(8), Florida Statutes (2019), must be imposed by the trial court even when the State has not requested them.
Questions Presented
- Whether the minimum costs for the state attorney mandated by section 938.27(8), Florida Statutes (2019), may be imposed without a request by the State.
- Whether section 938.27(1)'s request requirement for certain investigative costs applies to the separate minimum state-attorney costs specified in section 938.27(8).
Disposition
approved
Cases Cited (17)
- Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023)(approved)
- D.L.J. v. State, 331 So. 3d 227 (Fla. 2d DCA 2021)(disapproved)
- Brown v. State, 348 So. 3d 31 (Fla. 1st DCA 2022)(distinguished)
- Richards v. State, 288 So. 3d 574 (Fla. 2020)(distinguished)
- Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)(followed)
- Tomlinson v. State, 369 So. 3d 1142, 1146 (Fla. 2023)(followed)
- Lab'y Corp. of Am. v. Davis, 339 So. 3d 318, 324 (Fla. 2022)(followed)
- Tsuji v. Fleet, 366 So. 3d 1020, 1025 (Fla. 2023)(followed)
- Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992)(followed)
- Bank of New York Mellon v. Glenville, 252 So. 3d 1120, 1129 (Fla. 2018)(followed)
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Court Document
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