The Florida Supreme Court today issued a significant ruling clarifying that minimum costs for the state attorney, as mandated by statute, must be imposed on convicted individuals even if the State does not explicitly request them.
The decision, in the case of Jourdan Daniel Parks v. State of Florida, resolves a direct conflict between Florida’s First and Second District Courts of Appeal and underscores the mandatory nature of these specific statutory costs.
Writing for the unanimous Court, Justice Canady affirmed the First District Court of Appeal’s decision in Parks v. State, which held that the minimum costs for the state attorney are mandatory under section 938.27(8), Florida Statutes (2019), and do not require a request by the State.
This ruling directly disapproves the Second District Court of Appeal’s decision in D.L.J. v. State, which had previously held that a request from the State was necessary for the imposition of such costs.
READ: Youth Drain Is Real: California, NY Losing Young People To Texas, Florida, And North Carolina
The core of the dispute revolved around the interpretation of two subsections within section 938.27, Florida Statutes.
Subsection (1) generally states that convicted persons are liable for “costs of prosecution, including investigative costs incurred by law enforcement agencies… if requested by such agencies.” In contrast, subsection (8) specifically mandates: “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.”
The Supreme Court emphasized that subsection (8) unequivocally singles out “Costs for the state attorney” with a mandatory requirement that does not apply to other costs. The Court reasoned that the specific mandate of subsection (8), which contains no requirement for a request by the State, controls over any general language in subsection (1) that might suggest otherwise.
READ: Florida Sen. Ashley Moody Joins Bipartisan Push To Deliver Full Benefits To Combat-Injured Vets
“The current version of the law changes the statutory scheme in a fundamental way by requiring the award of a minimum amount of ‘[c]osts for the state attorney,’” Justice Canady wrote. “These mandatory minimum costs by their very nature are not discretionary. And there is no need for proof to support the award of the mandatory minimum amount of costs.”
The Court further noted that the language in subsection (8) requiring these minimum costs was enacted in 2008, fundamentally altering the prior statutory framework where the imposition of “costs of prosecution” was discretionary and typically required a state request and proof.
Petitioner Jourdan Parks had challenged the imposition of a $100 minimum state attorney cost after being convicted of five felony charges, arguing that the State had not expressly requested it. The trial court, relying on prior precedent, had imposed the cost, recognizing the mandatory nature of the 2008 amendment to subsection (8). The First District upheld this decision, leading to the conflict review by the Supreme Court.
The Supreme Court’s decision clarifies that the $50 or $100 minimum costs for the state attorney are a fixed statutory requirement, reflecting a legislative intent to ensure these costs are consistently recovered without the need for a specific request or a showing of proof by the prosecution for the minimum amount. The ruling ensures uniformity in the application of these statutory costs across Florida’s judicial circuits.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
