ANTONIO BLANCO-DIAZ AND AGUSTIN RODRIGUEZ, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court must consider a defendant's financial resources when determining whether to impose investigative costs, not just at the collection stage.
Appellants were ordered to pay investigative costs. They appealed, arguing the trial court failed to consider their financial resources as required by…
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PER CURIAM.
Antonio Blanco-Diaz and Agustín Rodriguez appeal orders imposing $3,570 investigative costs on them.
Section 939.01, Florida Statutes (1991), governs imposition of costs of prosecution and investigation. Subsection 939.01(5) provides:
(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 added). Under the wording of this particular statute, the financial resources of the defendant must be considered prior to imposition of the cost order. The trial court took the view that ability to pay need not be considered until collection was undertaken. See State v. Beasley, 580 So. 2d 139 (Fla.1991). While 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 costs against the appellants and remand for a hearing to set the amount of costs pursuant to section 939.01, Florida Statutes (1991). The remainder of the trial court’s orders are not challenged and are affirmed.
Affirmed in part, reversed in part, and remanded,
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Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…f these costs on the record. § 939.01(2). Moreover, the court is obligated to consider the defendant’s financial resources and other factors in making the decision to assess these costs. § 939.01(5); Sutton, 635 So. 2d at 1033; Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993).9 Finally, the costs, when collected, must be properly dispersed to the appropriate agency. § 939.01(8)-(9), Fla.Stat. (1991). See also § 939.01(10), Fla.Stat. (1993) (added by chapter 92-300, Laws of Florida, and providing a proc…
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Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996)…f those costs, and where the trial court failed to inquire into the defendant’s ability to pay. § 939.01, Fla.Stat. (1993); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994); Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993). On remand, this reversal is without prejudice to the reim-position of the costs orally pronounced by the trial court upon compliance with the proper procedures. Reyes v. State, 655 So. 2d at 114; Blanco-Diaz v. State, 618 So. 2d…
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Roldan v. State, 676 So. 2d 1029 (Fla. 3d DCA 1996)…ation costs are to be imposed subsequent to a trial court’s consideration of a defendant’s financial resources and needs. Beckford v. State, 667 So. 2d 1007 (Fla. 3d DCA 1996); Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996); Blanco-Diaz v. State, 618 So. 2d 370 (Fla. 3d DCA 1993). § 939.01(5), Fla. Stat. (1995). See also Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994); Tennie v. State, 593 So. 2d 1199 (Fla. 2d DCA 1992). Furthermore, this court has stated, “[t]he right to appeal the investigative costs…
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- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992)