J.S., A CHILD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-11-22
No. 5D2024-0295
2024 FL 13281 Florida District Court of Appeal, Fifth District (2024)

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Holding

A cost imposed under section 938.27(8), Florida Statutes, is mandatory and must be imposed on juvenile defendants.


Headnotes

[1] A cost imposed under section 938.27(8), Florida Statutes, is mandatory and must be imposed on juvenile defendants regardless of the child's ability to pay or other circum…

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Facts & Procedural History

J.S., a child, was charged in Marion County Circuit Court. The trial court imposed a cost under section 938.27(8), Florida Statutes.…

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Opinion of the Court

November 22, 2024 PER CURIAM.

AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes, is mandatory and recognizing conflict with D.L.J. v.

State, 331 So. 3d 227 (Fla. 2d DCA 2021)), reh’g denied (Sept. 27, 2023), review granted, SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024).

MAKAR, SOUD, and PRATT, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________


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