The Florida Senate

938.27  Judgment for costs on conviction.--

(1)  In all criminal cases the costs of prosecution, including investigative costs incurred by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Division of Financial Investigations of the Department of Banking and Finance, if requested and documented by such agencies, shall be included and entered in the judgment rendered against the convicted person.

(2)  If the court does not enter costs, or orders only partial costs under this section, it shall state on the record the reasons therefor.

(3)(a)  The court may require that the defendant pay the costs within a specified period or in specified installments.

(b)  The end of such period or the last such installment shall 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.

(c)  If not otherwise provided by the court under this section, costs shall be paid immediately.

(4)  If a defendant is placed on probation or community control, any costs ordered 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 comply with such order.

(5)  The court, in determining whether to order costs and the amount of such costs, shall consider the amount of the costs incurred, the financial resources of the defendant, the financial needs and earning ability of the defendant, and such other factors which it deems appropriate.

(6)  Any dispute as to the proper amount or type of costs ordered 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.

(7)  Any default in payment of costs ordered may be collected by any means authorized by law for enforcement of a judgment.

(8)  The court may order the clerk of the court to collect and dispense cost payments in any case.

¹(9)  Investigative costs which are recovered shall be returned to the appropriate investigative agency which incurred the expense. Costs shall include actual expenses incurred in conducting the investigation and prosecution of the criminal case; however, costs may also include the salaries of permanent employees.

(10)  Costs that are collected by the state attorney under this section shall be deposited into the state attorney's grants and donations 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.

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.

¹Note.--Section 25, ch. 2001-122, amended subsection (9), effective March 1, 2002, to read:

(9)  Investigative costs which are recovered shall be returned to the appropriate investigative agency which incurred the expense. Costs shall 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.

Note.--Former s. 939.01.