D.I.K., A CHILD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-09-03
No. 19-1802
292 So. 3d 556 Florida District Court of Appeal, Fifth District (2020) Positive Treatment
Cited by 1 case

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Holding

The court held that investigative costs cannot be imposed without a hearing on the specific amount.


Facts & Procedural History

Appellant was adjudicated delinquent and the trial court ordered reimbursement of investigative costs without a hearing on the amount. The State reque…

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Opinion of the Court

WALLIS, J.

Appellant appeals the trial court’s order imposing investigative costs of $1,490. We reverse and remand.

Following a bench trial, Appellant was adjudicated delinquent of sexual battery of a person over 12 but under 18 years of age, in violation of section 794.011, Florida Statutes (2019). During the disposition hearing, the State requested and the court acknowledged that there was a cost of investigation in this case. Following the hearing, the trial court, pursuant to section 938.27(1), Florida Statutes (2019), entered an Order for Reimbursement of Investigation Costs without holding a hearing on the specific amount.

Glasco v. State, 292 So. 3d 556 (Fla. 5th DCA 2020) is controlling. In Glasco, we reversed and remanded the trial court's denial of a motion to strike investigative costs without the introduction of any evidence. Id. Therefore, we reverse the order on appeal and remand with instructions that the trial court strike the imposition of investigative costs.

REVERSED and REMANDED with Instructions.

EDWARDS and EISNAUGLE, JJ., concur. 2


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Citator

Cited By

  • D.I.K. v. State, 292 So. 3d 556 (Fla. 5th DCA 2020)
    …investigation in this case. Following the hearing, the trial court, pursuant to section 938.27(1), Florida Statutes (2019), entered an Order for Reimbursement of Investigation Costs without holding a hearing on the specific amount. Glasco v. State, 292 So. 3d 556 (Fla. 5th DCA 2020) is controlling. In Glasco, we reversed and remanded the trial court's denial of a motion to strike investigative costs without the introduction of any evidence. Id. Therefore, we reverse the order on appeal and remand with instru…

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