ROBERT TERRY BOND
v.
STATE OF FLORIDA

Fla. 4th DCA | 2024-10-09
No. 4D2023-2449
383 So. 3d 513 Florida District Court of Appeal, Fourth District (2024) Positive Treatment
Cited by 2 cases

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Holding

An award of investigative costs must be supported by evidence that the costs were requested on the record and that the defendant affirmatively agreed to pay the requested amount.


Headnotes

[1] Investigative costs must be supported by a showing that such costs were requested on the record and that the defendant affirmatively agreed to pay the requested amount.

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Key Quotes

“We reverse the award of $50 for investigative costs because there was no showing that the costs were 'requested on the record' by the Vero Beach Police Department. Appellant did not 'affirmatively agree[]' to pay the requested amount.”

The court's explanation for reversing the investigative cost award.

Facts & Procedural History

Robert Terry Bond was convicted in the Circuit Court for the Nineteenth Judicial Circuit, Indian River County, and sentenced. The trial court imposed …

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Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence in all respects but one. We reverse the award of $50 for investigative costs because there was no showing that the costs were “requested on the record” by the Vero Beach Police Department. Lippwe v. State, 152 So. 3d 782, 783 (Fla. 1st DCA 2014). Appellant did not “affirmatively agree[]” to pay the requested amount. Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021).

We reverse and remand for the trial court to strike the $50 investigative cost with instructions that the court may reimpose that cost if sufficient evidence to support the cost is provided. Ray v. State, 383 So. 3d 513, 516 (Fla. 4th DCA 2024).

Affirmed in part, reversed in part, and remanded. GROSS, CIKLIN and KUNTZ, JJ., concur.

2

* * * Not final until disposition of timely filed motion for rehearing.


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Citator

Cited By

  • Bond v. State, 383 So. 3d 513 (Fla. 4th DCA 2024)
    …, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). We reverse and remand for the trial court to strike the $50 investigative cost with instructions that the court may reimpose that cost if sufficient evidence to support the cost is provided. Ray v. State, 383 So. 3d 513, 516 (Fla. 4th DCA 2024). Affirmed in part, reversed in part, and remanded. GROSS, CIKLIN and KUNTZ, JJ., concur.…
  • Peterson v. State (Fla. 4th DCA 2024)

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