JOHN STEVENS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Vandy Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996)
  …s that the imposition of the $200.00 costs of prosecution was erroneous on grounds that before such costs could be imposed, it was obligated to demonstrate the amount spent on prosecuting Tarrant and her ability to pay those costs. Stevens v. State, 647 So. 2d 335 (Fla. 4th DCA 1995) (it is improper to impose $200.00 in prosecution costs without taking any evidence to support such costs). See also Ruffin v. State, 652 So. 2d 1287 (Fla. 4th DCA 1995) (state must document its expenses and trial court must consi…
• Betancourt v. Manning, 679 So. 2d 83 (Fla. 3d DCA 1996)
  …ient on its face because it does not contain a finding that Betancourt has the present ability to pay the purge amount. See Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So. 2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995). Moreover,. the record contains no evidence that he, in fact, has that ability. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). As a result, in accordance with our prior order releasing the petitioner from custody on his own recogniza…
• Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995)
  …t, 561 So. 2d 565, 570-71 (Fla.1990). If the contemnor does not have the present ability to pay the purge amount, then the trial court may only impose non-incarcerative sanctions for contempt. Bowen, 471 So. 2d at 1279. See generally Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995); Siegel v. Felcher, 636 So. 2d 872 (Fla. 3d DCA 1994); Laing v. Laing, 574 So. 2d 279 (Fla. 3d DCA 1991). This rule applies even if the person has willfully or negligently divested himself of the ability to pay. Cum-mins v. Cummin…

Authorities Cited

• Davis Smith, Jr. v. State, 543 So. 2d 348 (Fla. 5th DCA 1989)
• Pickrel v. State, 609 So. 2d 65 (Fla. 4th DCA 1992)