DARRELL RICHTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FARMER, Judge.
Richter appeals his sentence for selling marijuana. The trial court imposed investí- gative costs of $522.31 as part of his probation, without determining whether he had the ability to pay these costs. Section 939.-01(5), Florida Statutes (1991), says:
(5) The court, in determining whether to order costs and the amount of such costs, shall consider the amount of the costs incurred, the financial resources of the defendant, the financial needs and earning ability of the defendant, and such other factors which it deems appropriate. [Emphasis supplied]
Hence, unlike the situation in State v. Beasley, 580 So. 2d 139 (Fla.1991), where the amount of the costs was liquidated by statute and nothing in the text required a pre-assessment determination of ability to pay, this statute specifically incorporates into its text the express requirement that the court consider ability to pay in determining whether to impose an obligation to pay investigative costs. See Denmark v. State, 588 So. 2d 324 (Fla. 4th DCA 1991).
Accordingly, we reverse the condition of probation imposing investigative costs.
REVERSED.
HERSEY and GUNTHER, JJ., concur.
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Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…. See also Wheeler v. State, 635 So. 2d 140 (Fla. 4th DCA 1994); Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), review denied, 618 So. 2d 211 (Fla.1993). . See also Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992); Smith v. State, 543 So. 2d 348 (Fla. 5th DCA 1989). . We are aware that these statutory requirements are burdensome for the trial courts. We understand the trial court’s temptation to use a flat fee for the state attorney in ev…
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Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993)…ile that is true of some other cost statutes, id., section 939.01 requires consideration of defendants’ financial resources “in determining whether to order costs and the amount of such costs_” Section 939.01(5), Fla. Stat. (1991); Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992). We have carefully considered the State’s argument that the point was not properly preserved for appellate review, but are not persuaded thereby. We reverse so much of the trial court orders as assess $3,570 in investigative cos…
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Thomas v. State, 625 So. 2d 962 (Fla. 5th DCA 1993)…e. We affirm the conviction and sentence in this case except that portion of the sentence imposing court costs and cost of investigation. At sentencing, the court made no reference to these costs as a condition of probation. In Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992), investigative costs were reversed when the trial court failed to determine ability to pay. See also Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993). While it is true that ability to pay certain costs need not be determin…
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- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Smith v. Fla. Unemployment Appeals Comm'n & DGP Invs., Inc., 588 So. 2d 324 (Fla. 4th DCA 1991)