Hill v. State, 845 So. 2d 310 (Fla. 2d DCA 2003). · Go Syfert
Hill v. State, 845 So. 2d 310 (Fla. 2d DCA 2003). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Phillips v. State (fladistctapp, 2006-12-08)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Phillips v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
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.
cited Cited as authority (rule) Hall v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
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).
discussed Cited "see" Howard v. State (2×)
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
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).
cited Cited "see" Major v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Hill v. State, 845 So.2d 310 (Fla. 2d DCA 2003); Pagliuca v. State, 860 So.2d 1095 (Fla. 5th DCA 2003).
cited Cited "see, e.g." Pagliuca v. State
Fla. Dist. Ct. App. · 2003 · signal: see, e.g. · confidence low
See, e.g., Hill v. State, 845 So.2d 310 (Fla. 2d DCA 2003), and citations therein.
David HILL, Appellant,
v.
STATE of Florida, Appellee.
2D02-666.
District Court of Appeal of Florida, Second District.
May 16, 2003.
845 So. 2d 310
Threadgill.
Cited by 6 opinions  |  Published

James Marion Moorman, Public Defender, and Celene Humphries, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

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 enforcement[*311] 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.