DON SMITH A/K/A DAVID WATTS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)
  …ause the trial court in its written order did not set forth the statutory authority for their imposition. The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order. Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996); Belton v. State, 673 So. 2d 880 (Fla. 2d DCA 1996); Reyes, 655 So. 2d at 119. The remaining $2 was a discretionary cost imposed pursuant to section 943.25(13), Florida Statutes (1995). The court erred by failing to individually a…
• Webster v. State, 705 So. 2d 970 (Fla. 2d DCA 1998)
  …sts without orally announcing the statutory authority at the sentencing hearing, the written order must reflect the statutory authority upon which the costs are imposed. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); see also Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996). In addition, statutory costs must be assessed per case, not per count. See Mills v. State, 672 So. 2d 873 (Fla. 2d DCA 1996); Rafael v. State, 679 So. 2d 314 (Fla. 1st DCA 1996), approved, 688 So. 2d 335 (Fla.1997). Because the c…
• Carter v. State, 173 So. 3d 1048 (Fla. 1st DCA 2015)
  …ial court imposed two costs without appropriately citing the statutory authority for the costs in the order: a $20 “Teen Court” fee and a $20.50 “Pub. Rec. Mod.” fee. See Kirby v. State, 695 So. 2d 889, 890 (Fla. 2d DCA 1997) (citing Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996)). We strike both costs and remand; on remand, the trial court may re-impose those costs in the appropriate amounts if it provides statutory authority for their assessment. See Vick v. State, 37 So. 3d 951, 952 (Fla. 2d DCA 2010).…

Authorities Cited

• Deldesondro Callaway v. State, 658 So. 2d 593 (Fla. 2d DCA 1995)