DAVID HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court struck $300 in investigative costs imposed without required documentation, holding that Florida Statute 938.27(1) mandates documented requests for law enforcement investigative costs.
Investigative costs imposed by law enforcement agencies must be documented in support of the request, as required by Florida Statute 938.27(1).
[1] Investigative costs imposed under Florida Statute 938.27(1) require documented requests from law enforcement agencies and cannot be imposed based solely on oral statement…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“including investigative costs incurred by law enforcement agencies ... if requested and documented by such agencies”
Florida Statute 938.27(1) statutory language requiring documentation for investigative costs
David Hill was sentenced and the trial court imposed $300 in investigative costs for the Pinellas Park Police Department based solely on the prosecuto…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Investigative Costs cases and more on FLexlaw
THREADGILL, EDWARD F., Senior Judge.
David Hill challenges the court’s imposition of $300 in investigative costs for the Pinellas Park Police Department. The State concedes error because the State failed to document its request for costs. See Tucker v. State, 832 So. 2d 840 (Fla. 2d DCA 2002).
In requesting costs, the prosecutor merely stated: “And the Pinellas Park Police Department is asking for $300 in investigative costs.” No documentation was presented in support of this request, contrary to section 938.27(1), Florida Statutes (2000), which allows the court to impose the costs of prosecution, “including investigative costs incurred by law en forcement agencies ... if requested and documented by such agencies.”
Although Hill did not object at sentencing to the imposition of these investigative costs, he did raise this issue in his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which the trial court denied.
Accordingly, we strike the $300 in investigative costs and remand to the trial court with directions that such costs may be reimposed following the State’s production of the required documentation pursuant to Reyes v. State, 655 So. 2d 111, 114 (Fla. 2d DCA 1995). See Tucker, 832 So. 2d at 841; Taylor v. State, 821 So. 2d 404, 405 (Fla. 2d DCA 2002); Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999).
Costs stricken; remanded.
FULMER and CANADY, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Phillips v. State, 942 So. 2d 1042 (Fla. 2d DCA 2006)…by entering an order imposing an award of those costs upon Ms. Phillips. See Howard v. State, 920 So. 2d 764, 765 (Fla. 2d DCA 2006) (reversing imposition of cost of prosecution because State failed to document its request for costs); Hill v. State, 845 So. 2d 310, 310 (Fla. 2d DCA 2003) (reversing award of investigative costs where State concedes error because of failure to document its request for costs.) We reverse the order on appeal and remand with instructions to hold a new hearing. KELLY and CANADY,…
-
Howard v. State, 920 So. 2d 764 (Fla. 2d DCA 2006)…gister as a sexual offender. We affirm Howard’s conviction without comment. However, the State concedes that the trial court erred in imposing $25 in costs of prosecution because the State failed to document its request for costs. See Hill v. State, 845 So. 2d 310, 310 (Fla. 2d DCA 2003); Tucker v. State, 832 So. 2d 840, 840 (Fla. 2d DCA 2002). Although Howard did not object at sentencing to the imposition of these costs, he did raise the issue in his motion filed pursuant to Florida Rule of Criminal Proced…
-
Hall v. State, 932 So. 2d 1169 (Fla. 2d DCA 2006)…n without comment. However, the State concedes that the trial court erred in imposing $80 in costs of prosecution because the State failed to document its request for costs. See Howard v. State, 920 So. 2d 764, 765 (Fla. 2d DCA 2006); Hill v. State, 845 So. 2d 310, 310 (Fla. 2d DCA 2003); Tucker v. State, 832 So. 2d 840, 840 (Fla. 2d DCA 2002). Because the State failed to meet its burden of demonstrating the amount of costs incurred as required by section 938.27(4), Florida Statutes (2004), we strike the $8…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Taylor v. State, 821 So. 2d 404 (Fla. 2d DCA 2002)
- Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999)
- Tucker v. State, 832 So. 2d 840 (Fla. 2d DCA 2002)