JOSEPH GUY BAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the conviction and sentence except for imposition of costs. We reverse that portion of the sentence and remand so that the trial court may either strike the costs or conduct the required hearing to impose such costs. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984).
We also note that it is unclear from the sentencing order whether the investigative costs were imposed pursuant to section 939.01, Florida Statutes (1987), or as restitution pursuant to section 775.089(b), Florida Statutes (1987). Because we find that a police agency is not a “victim” within section 775.089(b), the investigative costs should be imposed pursuant to section 939.-01, if the trial court decides to order such costs.
GLICKSTEIN, DELL and GARRETT, JJ., concur. ¡
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Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993)…tution and civil judgments in favor of the victims. We reverse that part of the order of restitution which requires appellant to pay the investigative costs of the Florida Department of Law Enforcement and Stuart Police Department. In Bain v. State, 559 So. 2d 106 (Fla. 4th DCA 1990), this court held a police agency was not a “victim” as used within section 775.089, Florida Statutes (1987), and that investigative costs should be imposed pursuant to section 939.01, Florida Statutes (1987). We remand this cau…
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Knaus v. State, 638 So. 2d 156 (Fla. 2d DCA 1994)…and therefore strike that portion of the restitution order. Under section 775.089(l)(c), Florida Statutes (1991), the sheriffs office does not meet the definition of a victim. See Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993); Bain v. State, 559 So. 2d 106 (Fla. 4th DCA 1990). Restitution order stricken in part; otherwise affirmed. PATTERSON and LAZZARA, JJ., concur.…
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T.H. Taylor v. State, 672 So. 2d 605 (Fla. 4th DCA 1996)…ed. See Hunt v. State, 613 So. 2d 893 (Fla.1992). Additionally, for purposes of restitution, a police agency does not meet the definition of a “victim.” § 775.089, Fla.Stat. (1995); Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993); Bain v. State, 559 So. 2d 106 (Fla. 4th DCA 1990). Accordingly, this case is reversed with directions to the trial court to strike the provision ordering restitution. REVERSED AND REMANDED. GUNTHER, C.J., and WARNER and FARMER, JJ., concur.…
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- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)