STEPHEN STAUDT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s order of restitution 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 cause to the trial court with directions to vacate the assessment of investigative costs from its restitution order, to conduct a hearing and to impose such costs as may be appropriate pursuant to section 939.01.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, FARMER and KLEIN, JJ., concur.
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Knaus v. State, 638 So. 2d 156 (Fla. 2d DCA 1994)…te County Sheriffs Office as restitution. We agree 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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Rohit K. SAM (Seam) v. State, 741 So. 2d 1247 (Fla. 2d DCA 1999)…e reverse because the Florida Department of Insurance is not a “victim” as that term is used in the restitution statute, section 775.089(l)(c), Florida Statutes (1997). See Rodriguez v. State, 691 So. 2d 568, 569 (Fla. 2d DCA 1997); Staudt v. State, 616 So. 2d 600 (Fla. 4th DCA 1993). The amounts assessed in this case are in the nature of costs of prosecution. Although this record suggests that Mr. Sam does not have the financial ability to pay such costs, the State is not precluded from seeking these costs o…
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T.H. Taylor v. State, 672 So. 2d 605 (Fla. 4th DCA 1996)…on the agreement that no restitution would be imposed. 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 FARM…
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- Bain v. State, 559 So. 2d 106 (Fla. 4th DCA 1990)