378 So.3d 672
Fla. Dist. Ct. App.2024Background
- Jody O’Malley was convicted after pleading to one count of child neglect causing great bodily harm in Florida.
- At sentencing, the trial court orally announced the costs to be imposed, but these costs were not itemized in the written judgment and sentence.
- The only written reference to the costs was in the probation order, which listed a lump sum of $919 for various costs.
- O’Malley appealed both the imposition and documentation of these costs, specifically contesting the $100 cost of prosecution and $100 cost of investigation.
- The trial court did not rule within the time limit on O’Malley’s motion challenging the costs, making it automatically denied.
Issues
| Issue | O’Malley’s Argument | State’s Argument | Held |
|---|---|---|---|
| $100 cost of prosecution | Cannot be imposed without State’s request | Statute makes cost mandatory, no request needed | Affirmed imposition; request unnecessary per statute |
| $100 cost of investigation | Improper because not specifically requested | Concedes error | Reversed; improper without specific request |
| Lump sum cost award | Should be itemized and authority set forth | Concedes | Reversed and remanded for detailed amended order |
| Express conflict with 2d DCA | 1st and 2nd DCAs disagree on cost of prosecution rule | — | Certified direct conflict with D.L.J. v. State (2d DCA) |
Key Cases Cited
- Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012) (statutory minimum costs of prosecution can be imposed without State’s request)
- Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023) (similarly holds no request required for minimum prosecution cost)
- Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022) (costs of prosecution may be imposed regardless of request)
- Henderson v. State, 192 So. 3d 638 (Fla. 1st DCA 2016) (same issue on prosecution costs)
- Richards v. State, 288 So. 3d 574 (Fla. 2020) (cost of investigation requires a specific request)
- Capozzi v. State, 697 So. 2d 941 (Fla. 2d DCA 1997) (lump sum awards of costs are improper, costs must be itemized)
- Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997) (detailed order on costs required)