90 So. 3d 927
Fla. Dist. Ct. App.2012Background
- Kimberly Hills was convicted under section 893.13, Florida Statutes, and sentenced with mandatory $100 state attorney costs under section 938.27(8).
- Hills challenged the constitutionality of section 893.13 and sought relief from the $100 costs.
- Plea and sentencing occurred in two cases, 2010 CF 580 and 2010 CF 3371; defense counsel acknowledged the $100 costs in the plea description.
- The record contains no written or oral request by the state for the costs, but both sides were aware of the mandatory minimum costs.
- Sentences contained scrivener’s errors; Hills moved to correct sentences under Rule 3.800, but the $100 costs were not corrected.
- The trial court denied relief on the $100 costs, and Hills appealed challenging both the costs and related sentencing errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of 893.13 challenged | Hills argues 893.13 is unconstitutional. | State defends constitutionality | Affirmed convictions; upheld constitutionality of 893.13. |
| Imposition of $100 costs under 938.27(8) without state request | Costs were improperly imposed absent state request on the record. | Statute mandates the $100 costs regardless of request. | Affirmed; mandatory costs imposed notwithstanding lack of on-record request. |
| Effect of sentencing errors on costs under Rule 3.800 | Correct sentence errors should include removal of $100 costs. | Corrections of scrivener’s errors did not affect the $100 costs. | Affirmed denial of relief; costs remained imposed. |
Key Cases Cited
- Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011) (recognizes related constitutional considerations in similar context)
- Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011) (prosecution costs affirmed despite non-pronouncement in open court)
- Del Valle v. State, 26 So.3d 650 (Fla. 2d DCA 2010) (earlier version of 938.27 guidance; amendments replaced need for documentation)
- James v. State, 662 So.2d 995 (Fla. 2d DCA 1995) (costs of prosecution historically discretionary requiring state request)
- Brown v. State, 963 So.2d 342 (Fla. 2d DCA 2007) (applies 2004 version of 938.27 with discretionary considerations)
- Parker v. State, 44 So.3d 1190 (Fla. 1st DCA 2010) (distinguishes investigative costs from prosecutorial costs in 938.27(8))
- Vaughn v. State, 65 So.3d 138 (Fla. 1st DCA 2011) (reiterates on-record considerations for certain costs)