TERRY BERGER- SMITH
v.
STATE OF FLORIDA
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The Fourth District Court of Appeal affirmed a defendant's convictions and sentences but reversed an order assessing lab fees as investigative costs. The court held that such costs must be requested by the investigating agency before judgment, which did not occur in this case.
No, lab fees cannot be assessed as investigative costs if they are not requested by the investigating agency before judgment. The state must make this request prior to the imposition of sentence.
[1] Investigative costs may only be assessed if requested by the investigating agencies.
[2] The state must request investigative costs on behalf of the investigating agency before judgment is rendered.
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Join FLexlaw to unlock all legal intelligence“Investigative costs may only be assessed “if requested by [the investigating] agencies.””
Establishes the statutory requirement for requesting investigative costs.
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted and sentenced, and the trial court ordered the defendant to pay lab fees as investigative costs. The state did not file a …
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CONNER, J.
We affirm the defendant's judgments and sentences as to all issues raised on appeal but reverse the order assessing lab fees as investigative costs.
Investigative costs may only be assessed “if requested by [the investigating] agencies.” § 938.27(1), Fla. Stat. (2022). The state must request investigative costs on behalf of the investigating agency before judgment is rendered. Richards v. State, 288 So. 3d 574, 576 (Fla. 2020). Here, nothing in the record shows an investigative agency requested lab fees as costs. The state did not file a written motion or make an oral request for lab fees as investigative costs prior to the trial court imposing sentence. After pronouncing the sentence, the trial court stated, “there's lab costs associated with this . . .," which the state confirmed, but there was no discussion of the amount to be imposed. The trial court then stated "I have that form here. I will be signing the lab costs." “That form” referred to by the trial court at sentencing is not in the record, and it is not clear what the form entailed. The state exhibits admitted at sentencing contain a crime laboratory analysis report, but that exhibit says nothing about the cost of the analysis. Additionally, nothing in the record shows the defendant affirmatively agreed to pay the lab fees. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021) (“[A]n award of investigative costs need not be supported by evidence if the defendant affirmatively agrees to pay the requested amount.”).
The written order imposing lab costs states that the order was entered "upon the State's Motion for Investigative Costs pursuant to F.S.S. [sic] 938.27,” but, as stated above, the record does not contain a written motion or oral request prior to the sentence being imposed.
Thus, we conclude the state did not request lab fees as investigative costs prior to the trial court imposing sentence. For that reason, we reverse the order imposing lab fees and remand for the trial court to vacate the order. Because the state did not request lab fees as investigative costs prior to the imposition of sentence, the state is not entitled to seek payment of the fees after remand. Richards, 288 So. 3d at 576; McNaughton v. State, 369 So. 3d 304, 306 (Fla. 4th DCA 2023).
Affirmed in part, reversed in part, and remanded with instructions.
MAY and LOTT, JJ., concur.
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Citator
Cited By (33 total)
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Smith v. State (Fla. 4th DCA 2026)
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Javaughn Skinkle v. State (Fla. 5th DCA 2022)
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Anton B. Elliot v. State, 286 So. 3d 297 (Fla. 4th DCA 2022)
Previewing 3 of 33 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State (Fla. 4th DCA 2026)
- Icon v. State, 322 So. 3d 117 (Fla. 4th DCA 2021)
- McNaughton v. State, 369 So. 3d 304 (Fla. 4th DCA 2023)