FREDDIE L. KELLY
v.
STATE OF FLORIDA
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This case involves a consolidated appeal of two criminal cases where the appellant challenged several imposed costs and fees. The appellate court affirmed most of the lower court's decisions but reversed and remanded on the issue of specific costs and fees that were improperly imposed.
The appellate court held that the trial court erred in imposing investigative costs without a request and evidence, prosecution costs above the statutory minimum without sufficient proof of higher costs, and a drug abuse program fee that was not orally pronounced at sentencing or included in the plea agreement.
[1] Investigative costs imposed under section 938.27, Florida Statutes, must be requested by the investigating agency and supported by evidence of the amount of costs incurre…
[2] Prosecution costs under section 938.27, Florida Statutes, must be set at no less than $100 per case when a felony offense is charged, and a higher amount requires a showi…
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Join FLexlaw to unlock all legal intelligence“Investigative costs imposed under section 938.27, Florida Statutes (2018), must be requested by the investigating agency and supported by evidence of the amount of the costs incurred.”
Establishes the requirement for requesting and proving investigative costs.
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Join FLexlaw to unlock all legal intelligenceThe appellant was found guilty of battery on a law enforcement officer in one case and pled no contest to drug offenses in another. The trial court im…
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PER CURIAM.
In this consolidated appeal of two criminal cases,1 appellant raises five issues. We affirm on all issues but one; we reverse and remand on the issue of the imposed costs.
Investigative costs imposed under section 938.27, Florida Statutes (2018), must be requested by the investigating agency and supported by evidence of the amount of the costs incurred. See Jackson v. State, 137 So. 3d 470, 472 (Fla. 4th DCA 2014). Appellant asserts, and the state concedes, that the trial court erred by imposing $50 for investigative costs in both cases without a request for such costs. Additionally, section 938.27, Florida Statutes, mandates that costs of prosecution shall be set at “no less than $100 per case when a felony offense is charged,” as is the case here, and that “[t]he court may set a higher amount upon a showing
In lower court case number 2016-CF-2775A, a jury found appellant guilty of battery on a law enforcement officer. In lower court case number 2016-CF-365A, appellant pled no contest to sale of cocaine and possession of cocaine.
of sufficient proof of higher costs incurred.” § 938.27(8), Fla. Stat. (2018). Appellant asserts, and the state concedes, that the trial erred by imposing $200 for prosecution costs2 in both cases as there was never a showing of higher costs incurred to justify costs in excess of the $100 statutorily required minimum. The state also concedes that the trial court erred by imposing the $125 fee for the county drug abuse program in the cocaine case when such fee was never orally pronounced at sentencing or included in the plea agreement.
Accordingly, we reverse the trial court’s assessment of the aforementioned costs and fee and remand for the trial court to (1) strike the $50 for investigative costs in both cases, (2) reduce the prosecution costs to the statutorily required minimum of $100 in both cases, and (3) strike the $125 fee for the county drug abuse program in the cocaine case.
Affirmed in part, reversed in part, and remanded with instructions.
WARNER, GROSS and DAMOORGIAN, JJ., concur. * * *