Background
Fernandez D. Gunter appealed an order revoking his community control and the sentence entered after he admitted violating community control.
The accompanying Monetary Obligations Order imposed $150 in additional State Attorney’s Office costs of prosecution. The State did not present proof that it had incurred costs above $100.
The Court’s Holding
The Sixth District held that the $150 prosecution-cost assessment was improper. Under section 938.27(8), Florida Statutes (2023), state-attorney costs in a felony case, including a community-control violation proceeding, must be set at no less than $100; a higher amount requires sufficient proof of higher costs incurred.
The court reversed the $150 assessment and remanded for entry of a corrected Monetary Obligations Order imposing $100 in state-attorney costs. Gunter need not be present for that ministerial correction. The court otherwise affirmed the revocation order and sentence.
Key Takeaways
- A felony prosecution-cost assessment may be set at $100 without additional proof.
- A court may impose more than $100 only upon sufficient proof of higher costs incurred.
- An unsupported cost assessment may be corrected on remand without the defendant’s presence.
Why It Matters
The decision reinforces that statutory minimum prosecution costs do not authorize an unsupported increase. Trial courts must have record support before imposing state-attorney costs above $100 in felony and community-control violation proceedings.