NICOLAS CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that discretionary costs must be orally pronounced at sentencing and that all costs must have statutory authority and supporting documentation.
Nicholas Cruz was convicted of felony habitual driving with license revoked. The trial court imposed various costs and fines, some without oral pronou…
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KELLY, Judge.
Nicholas Cruz challenges his judgment and sentence for felony habitual driving with license revoked. We affirm Cruz’s judgment and sentence without discussion, but strike certain costs which were improperly imposed.
The trial court imposed a discretionary $2 fine pursuant to section 775.083, Florida Statutes (1999), and a discretionary $150 cost under section 939.18, Florida Statutes (1999), without orally pronouncing these costs at sentencing. Therefore, we strike the imposition of these discretionary costs. See Reyes v. State, 655 So. 2d 111, 116 (Fla. 2d DCA 1995) (en banc) (holding that discretionary costs must be individually announced at sentencing in a manner sufficient for the defendant to know the legal basis for the cost imposed and to have an opportunity to object).
We also strike the requirement that the defendant pay $54 in investigative costs because, although the State requested this cost, it failed to provide supporting documentation. See King v. State, 696 So. 2d 860 (Fla. 2d DCA 1997) (holding that all costs of prosecution must be expressly requested by the state agency and supported with adequate documentation).
Finally, we strike a $3 “teen court” cost/fine which was imposed without citation to statutory authority. See Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997) (stating that statutory authority for all costs, whether mandatory or discretionary, must be cited in the written order).
Affirmed in part, reversed in part and remanded.
BLUE, C.J., and CASANUEVA, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Stewart v. State, 916 So. 2d 53 (Fla. 2d DCA 2005)…e statute, section 775.083(2)(b) was discretionary and required the court to find an ability to pay: “[T]he court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine.... ” See Cruz v. State, 830 So. 2d 892, 892 (Fla. 2d DCA 2002) (noting that a “fine pursuant to section 775.083, Florida Statutes (1999),” that was identical to the 2003 version, was discretionary). Because the section 775.083(2)(b) fine was discretionary, the court could not impose it w…
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Stewart v. State, 906 So. 2d 1128 (Fla. 2d DCA 2005)…e county ordinance authorizing the imposition of such a fee. We affirm the imposition of the teen court fee because the trial court did cite to the statutory authority for the fee, and this is sufficient to support its imposition. See Cruz v. State, 830 So. 2d 892, 893 (Fla. 2d DCA 2002) (citing Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997)). However, we note that a [*1130] recent opinion of this court directs that future court orders include a reference to both the statutory authority for the teen co…
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Meier v. State, 912 So. 2d 1277 (Fla. 2d DCA 2005)…ce.4 Cf. Waller, 911 So. 2d 226. The trial court correctly imposed this cost without an oral pronouncement. We strike the $150 court facility fee because it is a discretionary cost that the trial court failed to pronounce orally. See Cruz v. State, 830 So. 2d 892, 892-93 (Fla. 2d DCA 2002); Edwards v. State, 814 So. 2d 1197, 1198 (Fla. 2d DCA 2002). We also strike the $800 public defender fee. The State concedes that the trial court imposed this cost without the required notice to Mr. Meier of his right to…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Adonia Hillary King v. State, 696 So. 2d 860 (Fla. 2d DCA 1997)
- Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997)