RONALD TIBERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's assessment of a deposit to First Step of Volusia County, Inc. was beyond the court's authority.
The State moved for rehearing after the trial court assessed a $48.00 deposit to First Step of Volusia County, Inc. as a condition of probation. The a…
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PER CURIAM.
We granted the State’s motion for rehearing in this cause and, because there is a recurring problem in the trial court’s grant of costs in criminal cases, we elect to consider this case en banc. After considering the supplemental briefing and en banc oral argument, we conclude, as did the original panel, that the assessment by the trial court of a $48.00 deposit to First Step of Volusia County, Inc. is beyond the authority of the court.
We are unable to agree with the State that the court’s inherent authority justifies this award. While we agree that the court has inherent authority to order those things “that are reasonably necessary for the administration of justice within the scope of its jurisdiction,” 1 the deposit to First Step simply does not meet this condition. The State presented no other authority for the assessment. The requirement for such deposit, therefore, is stricken from the conditions of probation.
In all other respects, the judgment and order of probation are affirmed.
AFFIRMED as modified.
HARRIS, C.J., and DAUKSCH, COBB, W. SHARP, GOSHORN, PETERSON, GRIFFIN, DIAMANTIS and THOMPSON, JJ., concur. . Rose v. Palm Beach County, 361 So. 2d 135 (Fla.1978).
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Citator
Cited By (56 total)
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Brown v. State, 652 So. 2d 877 (Fla. 5th DCA 1995)…e probation order, requiring Brown to pay the $240 to First Step of Volusia County, Inc., was improperly imposed. This court recently considered this issue en banc and held that the imposition of costs to First Step is improper. See Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994). Further, the court’s oral pronouncement was for court costs in the amount of $225, while special condition 29 orders Brown to pay court costs in the amount of $255. Upon remand, the award of court costs in the amount of $255 as…
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Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)…rtunity to reimpose the lien upon compliance with section 27.56(7) and with rule 3.720(d)(1). Finally, we strike the imposition of a payment of $60 to First Step of Volusia County because no statutory basis exists for this payment. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994) (en banc). JUDGMENT AFFIRMED; SENTENCE REVERSED and REMANDED for resen-tencing consistent with this opinion. W. SHARP, J., concurs. DAUKSCH, J., dissents with opinion. . §§ 784.03, 784.07(2), Fla.Stat. (1993). . § 39.061, Fl…
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Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)…on the part of the trial judge has been shown in this ease for not permitting Johnson to withdraw his plea.2 However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rose v. Palm Beach Cnty., 361 So. 2d 135 (Fla. 1978)