Q.Q.P. v. State

District Court of Appeal of Florida

Q.Q.P. v. State

183 So. 3d 1157, 2015 Fla. App. LEXIS 19517, 2015 WL 9491843

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 2015

DocketNo. 5D15-285

StatusPublished

This text of 183 So. 3d 1157 (Q.Q.P. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Q.Q.P. v. State, 183 So. 3d 1157, 2015 Fla. App. LEXIS 19517, 2015 WL 9491843 (Fla. Ct. App. 2015).

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Opinion

LAWSON, C.J.

Q.Q.P. appeals his adjudication of delinquency for resisting an officer without violence, arguing that the trial court erred by imposing $290.92 in investigative costs requested by the Orlando Police Depart[1158]*1158ment.¹ He reasons that the relevant statutes only authorize imposition of costs of prosecution, and not costs of investigation, on a juvenile. We disagree, and affirm.

Effective July 1, 2013, the legislature enacted section 985.032(2), Florida Statutes, which reads: “A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s.938.27.” Section 938.27, Florida Statutes, provides in relevant part:

In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Department of Financial Services or the Office of Financial Regulation of the Financial Services Commission, if requested by such agencies.

§ 938.27(1), Fla. Stat. (2013).

Because the relatively new section 985.032(2) authorizes the assessment of costs of prosecution “as provided in s.938.27,” — which expressly and unambiguously defines costs of prosecution as “including investigative costs” — we find that the plain language of the statute authorizes the assessment of investigative costs in juvenile cases. As such, it would be inappropriate to resort to the rules of statutory construction which Q.Q.P. relies upon to argue for a contrary result. See, e.g., Borden v. East-European Ins. Co., 921 So.2d 587, 595 (Fla.2006) (“[W]hen the statute is clear and unambiguous, courts will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent.” (quoting Daniels v. Fla. Dep’t of Health, 898 So.2d 61, 64 (Fla.2005))).

AFFIRMED.

COHEN and LAMBERT, JJ., concur.

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LAWSON, C.J.

Q.Q.P. appeals his adjudication of delinquency for resisting an officer without violence, arguing that the trial court erred by imposing $290.92 in investigative costs requested by the Orlando Police Depart[1158]*1158ment.¹ He reasons that the relevant statutes only authorize imposition of costs of prosecution, and not costs of investigation, on a juvenile. We disagree, and affirm.

Effective July 1, 2013, the legislature enacted section 985.032(2), Florida Statutes, which reads: “A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s.938.27.” Section 938.27, Florida Statutes, provides in relevant part:

In all criminal and violation-of-probation or community-control cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies, by fire departments for arson investigations, and by investigations of the Department of Financial Services or the Office of Financial Regulation of the Financial Services Commission, if requested by such agencies.

§ 938.27(1), Fla. Stat. (2013).

Because the relatively new section 985.032(2) authorizes the assessment of costs of prosecution “as provided in s.938.27,” — which expressly and unambiguously defines costs of prosecution as “including investigative costs” — we find that the plain language of the statute authorizes the assessment of investigative costs in juvenile cases. As such, it would be inappropriate to resort to the rules of statutory construction which Q.Q.P. relies upon to argue for a contrary result. See, e.g., Borden v. East-European Ins. Co., 921 So.2d 587, 595 (Fla.2006) (“[W]hen the statute is clear and unambiguous, courts will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent.” (quoting Daniels v. Fla. Dep’t of Health, 898 So.2d 61, 64 (Fla.2005))).

AFFIRMED.

COHEN and LAMBERT, JJ., concur.

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183 So. 3d 1157, 2015 Fla. App. LEXIS 19517, 2015 WL 9491843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qqp-v-state-fladistctapp-2015.

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