ROBERT A. GUNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT A. GUNN, APPELLANT,
STATE OF FLORIDA, APPELLEE
818 So. 2d 681
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We grant the motion for rehearing and substitute this opinion for that previously issued. We reverse and remand with directions to strike that portion of the Administrative Probation Order which imposed payment of $50 plus 5% for the Indian River County Alcohol and Drug Abuse Trust Fund and the $100 fee payable to the FDLE Statewide Criminal Analysis Lab, pursuant to § 938.25. The trial court may impose these fees in the event it finds Appellant has the ability to pay such amounts. See §§ 938.21-938.23 (Florida Statutes).
We affirm the sentence and conviction in all other respects.
FARMER, STEVENSON and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Borck v. Abbie S. Borck, 906 So. 2d 1209 (Fla. 4th DCA 2005)…rom non-parties to the guardianship proceedings, the petitioners have alleged irreparable harm in the invasion of their privacy rights. See Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189 (Fla. 2003); Ross v. Fly Me to the Moon, LLC, 818 So. 2d 681 (Fla. 4th DCA 2002); Voytish v. Ozycz, 695 So. 2d 1301 (Fla. 4th DCA 1997). Article I, section 23, of the Florida Constitution protects the financial information of persons if there is no relevant or compelling reason to compel disclosure. See Frie…
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Freddrick Lee Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005)…ll not be prevented thereby from being rehabilitated or making restitution.” Here, the trial court did not consider these factors prior to imposing this discretionary cost and therefore the cost must be stricken from the sentence. See Gunn v. State, 818 So. 2d 681 (Fla. 4th DCA 2002). The trial court may again impose this cost if it- complies with sections 938.21 and 938.23. A different result is required, however, for the $100 public defender fee. This fee is governed by section 938.29, Florida Statutes (20…
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Glover v. State, 921 So. 2d 846 (Fla. 2d DCA 2006)…t must be stricken because the trial court did not make the statutorily required findings that Glover had the ability to pay the $100 cost and that payment would not prevent him from being rehabilitated or from making restitution. See Gunn v. State, 818 So. 2d 681, 681 (Fla. 4th DCA 2002); see, e.g., Ayoub v. State, 901 So. 2d 311 (Fla. 2d DCA 2005) (discussing section 939.18(l)(a), Florida Statutes (2002), containing cost assessment language similar to section 938.25 and requiring finding of ability to pay);…
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