ROOSEVELT SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROOSEVELT SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
401 So. 2d 1176
Florida District Court of Appeal, First District (1981)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Roosevelt Smith appeals a condition of his probation requiring him to pay court costs, contending that the trial court erred in setting an amount of $300 over his objection without any determination of the actual costs incurred. We interpret Section 27.-56, Florida Statutes (1979), to require that costs imposed be shown to be the actual costs, rather than set at an arbitrary figure. Accordingly, this condition of Smith’s probation is set aside pending remand of the cause for a hearing to determine the actual amount of costs incurred.
BOOTH, SHAW and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001)…he costs of prosecution and appointed counsel fees require the state or county to prove the actual costs incurred. See, e.g., Bennett v. State, 686 So. 2d 810 (Fla. 4th DCA 1997); Ruffin v. State, 652 So. 2d 1287 (Fla. 4th DCA 1995); Smith v. State, 401 So. 2d 1176 (Fla. 1st DCA 1981). Further, section 938.27(1), Florida Statutes (1999), dealing with a judgment for costs of prosecution against a criminal defendant, requires the agency seeking costs to document its actual costs. Therefore, the weight of authori…
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Scott v. State, 459 So. 2d 1176 (Fla. 2d DCA 1984)…quired to repay court costs as a condition of probation. State v. Byrd, 378 So. 2d 1231 (Fla.1979). The problem here is that the $5,000 figure appears to have been determined without regard to actual costs or any estimate thereof. In Smith v. State, 401 So. 2d 1176 (Fla. 1st DCA 1981), our sister court reversed a cost judgment which was set as an arbitrary figure. Although the condition to pay costs in this case does not appear to have been imposed under the same statute, we believe that the' figure of $5,000…