Everly Scott Lippwe v. State of Florida, 152 So. 3d 782 (Fla. 1st DCA 2014). · Go Syfert
Everly Scott Lippwe v. State of Florida, 152 So. 3d 782 (Fla. 1st DCA 2014). Cases Citing This Book View Copy Cite
“we also point out that 'investigative fees' that are not 'costs for the state attorney' . . . must be requested on the record by the appropriate agency.”
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Robert Joseph Goldsmith v. State of Florida (fladistctapp, 2024-04-03)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Robert Joseph Goldsmith v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
we also point out that 'investigative fees' that are not 'costs for the state attorney' ... must be requested on the record by the appropriate agency.
discussed Cited as authority (verbatim quote) ROYTEZ LEONARD TAYLOR v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
we also point out that 'investigative fees' that are not 'costs for the state attorney' . . . must be requested on the record by the appropriate agency.
cited Cited as authority (rule) Robert Terry Bond v. State of Florida
Fla. Dist. Ct. App. · 2024 · confidence medium
Lippwe v. State, 152 So. 3d 782, 783 (Fla. 1st DCA 2014).
discussed Cited as authority (rule) William Henry Thomas, III v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Mills v. State, 177 So.3d 984, 988 (Fla. 1st DCA 2015) (holding that the trial court erred in imposing the $100 sheriffs investigative cost “without notice or hearing and without specifically identifying it at sentencing”); Lippwe v. State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27(1), Florida Statutes,, “must be requested on the record by the appropriate agency”); Kirkland v. State, 106 So.3d 4, 4-5 (Fla. 1st DCA 2013) (holding that “the trial court should have orally pronounced the $100 investigative cost, as it is a discretio…
cited Cited "see" Lanique Woods v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Taylor v. State, 352 So. 3d 346 , 349 (Fla. 4th DCA 2022) (citing Lippwe v. State, 152 So. 3d 782, 783 (Fla. 1st DCA 2014)).
discussed Cited "see, e.g." Mills v. State
Fla. Dist. Ct. App. · 2015 · signal: see also · confidence medium
See also Lippwe v. State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27(1), Florida Statutes “must be requested on the record by the appropriate agency”).
Retrieving the full opinion text from the archive…
Everly Scott LIPPWE, Appellant,
v.
STATE of Florida, Appellee
1D13-3423.
District Court of Appeal of Florida, First District.
Dec 11, 2014.
152 So. 3d 782
Melissa J. Ford, Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.
Wolf, Benton, Makar.
Cited by 6 opinions  |  Published
WOLF, J.

Pursuant to Goddard v. State, 458 So.2d 230 (Fla.1984), the trial court fundamentally erred in convicting appellant of two counts of organized trafficking pursuant to section 812.019(2), Florida Statutes (2011), when the evidence showed that appellant directly participated in the theft and sale of the same stolen property. “[A]n individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under sections 812.014 and 812.019(1), but may not be charged with ‘organizing’ under section 812.019(2).” Goddard, 458 So.2d at 234. The judgment and sentence is reversed and remanded as to the two counts on appeal for imposition of the lesser included offense of trafficking pursuant to section 812.019(1), and for resentencing. See id. at 234.

On remand, the trial court will have an opportunity to re-impose costs and fees. We remind the trial court that fines imposed pursuant to section 775.083, Florida Statutes (2011), are discretionary and must be separately and orally pronounced at sentencing. See Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012). We also point out that “investigative fees” that are not “costs for the state attorney” are imposed pursuant to subsection 938.27(1), Florida Statutes (2011), not subsection (8), and must be requested on the record by the appropriate agency. Finally, we point out that section 28.37(2), Florida Statutes (2011), does not itself authorize the imposition of a 10% fee. Rather, it directs that 10% of any fines imposed be directed to the Public Records Modernization Trust Fund. Any confusion could be remedied if the clerk ensured that amounts directed to the fund are properly labeled as being imposed “pursuant to” the appropriate statute, in this case, section 775.083.

REVERSED and REMANDED with instructions.

BENTON and MAKAR, JJ., concur.