PRIVE v. STATE (2020)

In this Anders ¹ appeal, we affirm Jonathan Prive's judgment and sentence. However, we remand for the trial court to strike certain costs it imposed as follows.

First, the costs order errantly included the $100 costs of prosecution twice: once citing section 938.27(8), Florida Statutes (2019), identified as “Cost of Prosecution Circuit,” and again citing section 938.27, identified as “Cost of Prosecution City Ord.” Section 938.27, however, does not permit local governments to impose higher standard costs of prosecution. Rather, it authorizes the standard costs ($50 for misdemeanors, $100 for felonies), and higher amounts “upon a showing of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2019). Because no such showing was made in this case, we strike the portion of the order imposing costs pursuant to a city ordinance.

Second, we strike the costs imposed pursuant to section 318.18(11)(b), Florida Statutes (2019), as Prive was not charged with a traffic infraction. See Sorenson v. State, 291 So.3d 630 (Fla. 5th DCA 2020).

AFFIRMED; REMANDED WITH INSTRUCTIONS.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

EVANDER, C.J., GROSSHANS and SASSO, JJ., concur.