TIMOTHY HUTCHINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal of the revocation of Appellant’s probation, the State concedes error. The State properly concedes that the failure to pay court costs imposed' in a probation order, in accordance with a payment schedule established by a probation officer, cannot furnish a basis to revoke probation, and the probationer has the entire probation term in which to pay costs. “ ‘The establishment of a payment schedule for court costs is a judicial responsibility that cannot be delegated to a probation officer.’” Seders v. State, 700 So. 2d 126 (Fla. 2d DCA 1997) (citation omitted). See Antoine v. State, 684 So. 2d 266 (Fla. 4th DCA 1996) (no matter how reasonable the payment schedule may be, or how derelict the probationer in failing to pay under its terms, if such schedule is not imposed by the court, then the probationer has the entire probation term to pay the costs.) See also Smith v. State, 738 So. 2d 433 (Fla. 1st DCA 1999); McCoy v. State, 730 So. 2d 803 (Fla. 2d DCA 1999).
REVERSED and REMANDED.
BOOTH, WEBSTER and PADOVANO, JJ„ CONCUR.
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Arnau v. State, 80 So. 3d 457 (Fla. 1st DCA 2012)…of condition (5) was supported by the evidence. As the state concedes on appeal, however, the court erred by finding a violation of condition (10), because the trial court had not established a schedule of monthly payments. See Hutchinson v. State, 801 So. 2d 291 (Fla. 1st DCA 2001). We need not remand for reconsideration because it is clear from the record that the trial court would have revoked appellant’s probation and imposed the same sentence based on his commission of two new offenses. See Ware v. St…
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L.L.N. v. Dep't of Child. & Families, 840 So. 2d 1172 (Fla. 5th DCA 2003)…appeal under Florida Rule of Appellate Procedure 9.020(h). Thus, the notice of appeal had to be filed by December 21, 2001. The mother’s counsel did not file a notice of appeal until January 8, 2002. See R.F. v. Department of Children and Families, 801 So. 2d 291 (Fla. 1st DCA 2001) (dismissing appeal for lack of jurisdiction because notice not filed within 30 days of termination order); Salam v. Benmelech, 622 So. 2d 592 (Fla. 3d DCA 1993)(distriet court of appeal lacked jurisdiction to review final judgmen…
Authorities Cited
- Smith v. State, 738 So. 2d 433 (Fla. 1st DCA 1999)
- Antoine v. State, 684 So. 2d 266 (Fla. 4th DCA 1996)
- McCOY v. State, 730 So. 2d 803 (Fla. 2d DCA 1999)
- Seders v. State, 700 So. 2d 126 (Fla. 2d DCA 1997)
- James v. State, 700 So. 2d 126 (Fla. 2d DCA 1997)