MICHELLE SANTIAGO HASKINS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-09-23
No. 22-0760
286 So. 3d 384 Florida District Court of Appeal, Fifth District (2022) Negative Treatment
Cited by 2 cases

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Holding

Trial courts lack authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the written disposition order.


Headnotes

[1] Trial courts lack authority to impose costs and fines in criminal cases unless the imposition is specifically authorized by statute and the statutory authority is cited i…

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Key Quotes

“The law is well settled that trial courts lack the authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the defendant's written disposition order.”

Court's statement of the governing law requiring statutory authorization for costs and fines in criminal cases.

Facts & Procedural History

Michelle Santiago Haskins was convicted in Osceola County and sentenced to a criminal judgment that included $271 in court costs. The appeal was handl…

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Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm Michelle Santiago Haskins’ judgment and sentence. We remand, however, for the trial court to identify the authority for the $271 in court costs it imposed during sentencing. See Cash v. State, 286 So. 3d 384, 385 (Fla. 5th DCA 2019) (“The law is well settled that trial courts lack the authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the defendant’s written disposition order.” (quoting J.S. v. State, 920 So. 2d 752, 753 (Fla. 5th DCA 2006))).

AFFIRMED and REMANDED.

SASSO, TRAVER and NARDELLA, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Haskins v. State, 286 So. 3d 384 (Fla. 5th DCA 2022)
    …PER CURIAM. In this Anders1 appeal, we affirm Michelle Santiago Haskins’ judgment and sentence. We remand, however, for the trial court to identify the authority for the $271 in court costs it imposed during sentencing. See Cash v. State, 286 So. 3d 384, 385 (Fla. 5th DCA 2019) (“The law is well settled that trial courts lack the authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the defendant’s…
  • King v. State, 48 Fla. L. Weekly D662 (Fla. 5th DCA 2023)
    …authority is no different. We are aware of at least two summary opinions in which we have referenced a written cost order’s lack of citation to municipal authorities. See Charles v. State, 292 So. 3d 1270, 1271 (Fla. 5th DCA 2020); Cash v. State, 286 So. 3d 384, 385 (Fla. 5th DCA 2019). But again, neither case considers whether a cost order is proper when authority for the cost imposed is otherwise evident in the record. See Charles, 292 So. 3d at 1271; Cash, 286 So. 3d at 385; cf. Harrison, 146 So. 3d…

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