KELVIN BERRIOS
v.
STATE OF FLORIDA
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When a trial court imposes prosecution costs exceeding the statutory minimum under section 938.27(8), Florida Statutes, the State must present evidence establishing that higher costs were actually incurred, and absent such proof, costs must be reduced to the minimum amount.
[1] Under section 938.27(8), Florida Statutes, prosecution costs for felony charges must be set at the statutory minimum of $100 per case unless the State presents sufficient…
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Join FLexlaw to unlock all legal intelligence“The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.”
Statutory language from section 938.27(8), Florida Statutes, establishing the requirement for proof of increased costs
Kelvin Berrios was convicted of felony offenses in two cases. The trial court imposed $150 in prosecution costs in each case based on the State's requ…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-2361 LT Case Nos. 2023-CF-001470 2023-CF-001472 _____________________________
KELVIN BERRIOS,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Sumter County. David B. Eddy, Judge.
Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Kristen Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
July 25, 2025
PER CURIAM.
In this Anders1 appeal, we affirm Kelvin Berrios’s judgments and sentences but remand for the trial court to reduce the
2 prosecution costs to the minimum amount authorized under section 938.27(8), Florida Statutes (2024). Section 938.27(8) requires a trial court to set prosecution costs at standardized amounts unless increased costs are established: 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 court may set a higher amount upon a showing of sufficient proof of higher costs incurred. § 938.27(8), Fla. Stat. The minimum costs must be imposed even absent a request by the State. See Parks v. State, 50 Fla. L. Weekly S120, S122 (Fla. June 12, 2025). Here, the State requested, and the trial court awarded, $150 in prosecution costs in each case, but nothing was presented to demonstrate higher costs were incurred in either case. See id. at S122 (noting higher prosecution costs must be requested and established by the State). Thus, we remand for the trial court to reduce the imposed prosecution costs in each case to the standard minimum amount for felony charges: $100. § 938.27(8), Fla. Stat. AFFIRMED; REMANDED with instructions.
JAY, C.J., and KILBANE and PRATT, JJ., concur.
3 _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
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Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)