JEFFERY LEE CAIN v. STATE OF FLORIDA (2026)

ON CONFESSION OF ERROR

The defendant appeals from the circuit court's order denying his Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing errors. The defendant argues the circuit court erred by imposing $50 for investigative costs at sentencing because the investigating law enforcement agency did not request these costs nor prove its entitlement to receive them. The State concedes error and we agree.

“Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019) (citing Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017)). If these costs are not requested by the State or the investigating law enforcement agency, these costs must be stricken and cannot be imposed on remand. Id.; see also Richards v. State, 288 So. 3d 574, 577 (Fla. 2020). Thus, we reverse the $50 investigative cost imposition, and remand for the circuit court to strike the $50 investigative cost imposition.

Reversed and remanded.

Per Curiam.

Kuntz, C.J., May and Shaw, JJ., concur.