### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JAMAAL DESROSIERS
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 18

- 2547

[ December 11, 2019 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County ; Gary L. Sweet , Judge; L.T. Case No. 562017CF002261A

.

Carey Haughwout, Public Defender, and Jessica A. De Vera, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Matthew Steven Ocksrider, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Jam aal Desrosiers appeals the trial court’s denial of his Florida Rule of

Criminal Procedure 3.800(b)(2) motion to correct sentenc ing error for drug

related charges. Desrosiers argues he is e ntitled to be resentenced

because of a scoresheet error and that the case should be remanded to

correct cost errors. We find the scoresheet error harmless but remand the

case to the trial court to make the requisite cost corrections.

During the sentencing hearing , Desrosiers requested a sentence of four years to run concurrently with a prior sentence. The scoresheet used by

the trial court erroneous ly included a prior count scored at .2 points, thus increasing Desrosiers ’ lowest permissible sent ence from 20.315 months to
20.175 months

. The trial court sentenced Desrosiers to six years in prison to run concurrently with his prior sentence. The trial court then imposed

costs totaling $793.00: $418.00 in court costs, $200.00 in prosecution

costs, $50.00 in investigatory costs, and $125.00 for the county drug

abuse trust fund. The trial court did not make any factual findings regarding these costs and the State did not make any request that these

costs be imposed

.2 After h e was sentenced

, Desrosier s filed a rule 3.800(b)(2) motion for resentencing with the trial court, alleging the trial court relied on an

incorrect scoresheet and requesting the discretionary costs be str uck

because the State had not requested them. The trial court did not timely

enter an order on the motion and it was deemed denied

. 1 On appeal, t he

State conce des that the above costs were assessed in error and agrees that

the case should be remand ed to assess appropriate costs but maintains
that the scoresheet error wa s h armless.

A. Scoresheet Error

“ A defendant who illustrates an erroneous imposition of points on his

scoresheet is entitled to have the errors corrected. However, that defendant is not entitled to resentencing if the errors were harmless. ” Zelaya v. State , 257 So. 3d 493, 497 (Fla. 4th DCA 2018) (citations omitted). “[T] he error ‘is harmless if the record conclusively shows that

the trial court would have imposed the same sentence using a correct

scoresheet.’ ” Somps v. State , 183 So. 3d 1090, 1093 (Fla. 4th DCA 2015) (quoting Sanders v. State , 35 So. 3d 864, 870

- 71 (Fla. 2010)).

Here, Desrosiers has shown and the State has conceded that the

scoresheet was defective

. However, th e error is harmless because

Desrosiers requested a four

- year prison sentence

, which amounts to more than 20.325 months. See Adlington v. State , 931 So. 2d 1040, 1042 (4th DCA 2006)

. I t follows that the trial court would have imposed the same

sentence even with a corrected scoresheet because Desrosiers agreed that

his sentence sh ould have been at least four years. Although the error is harmless, Desrosiers remains entitled to have t his scoresheet error corrected on remand. See Z elaya , 257 So. 3d at 497

.

B. Court Costs

In a criminal case, a t rial court s must assess a $100.00 fee in prosecution costs and a $225.00 fee where the defendant is convicted of a felony

. See § § 938.27(8)

, 938.05(1)

, Fla. Stat. (2017). Trial courts may impose discretionary costs above these amounts , but where the trial court

fail s to make the appropriate factual findings regarding the se costs , these

fees will be reduced to the mandatory fee amount s

. See Brown v. State

, 658 So. 2d 1058, 1059 (Fla. 2d DCA 1995). On remand, courts may reimpose discretionary costs if they are supported by the requisite factual

1 See Fla. R. Crim. P. 3.800 (b)(1)(B).3 findings. See id. ; accord Hogle v. State

, 250 So. 3d 178, 181 (Fla. 1st DCA 2018).

In drug cases, the trial court may assess fees for the county drug abuse

trust fund. See § 938.23, Fla. Stat. (2017). However, t he court must consider the defendant’s ability to pay prior to assessing these fees. See

Gunn v. State , 818 So. 2d 681, 681 (Fla. 4th DCA). These costs may be reimposed on remand if the trial court finds that the defendant has the ability to pay. See id

.

Trial courts may impose investigatory costs, but only when requested by the State or agency involved

. See Chambers v. State , 217 So. 3d 210, 214 (Fla. 4th DCA 2017). T rial court s cannot impose investigative costs

“where the record does not demonstrate that the [S] tate requested

reimbursements for these costs.” Id

. If these costs are not requested by

the State

, they must be stricken and cannot be imposed on remand. See
id.

Desr osiers’ case must be remanded because the trial court failed to make any factual findings when imposing costs. On remand, the trial

court must impose the mandatory $100.00 fee in prosecution cost s and

the $225.00 fee in court costs. See § § 938.27(8)

, 938 .05(1)

, Fla. Stat. (2017). The trial court may impose further costs if it makes appropriate factual findings to support the imposition of those costs

. See Brown , 658
So. 2d at 1059 ; Hogle

, 250 So. 3d at 181

. The trial court may also reimpose fees for the county drug abuse trust fund if it finds Desrosiers has the ability to pay. See Gunn , 818 So. 2d at 681. However, t he trial court may not reimpose investigatory costs because the State did not request them b elow. See Chambers , 217 So. 3d at 214.

Affirmed and remanded with instructions

.

G ROSS
, K LINGENSMITH and K UNTZ
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.