N.B., A CHILD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-03-31
No. 22-1418
Florida District Court of Appeal, Fifth District (2023)

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Holding

A trial court must provide a citation to the statutory basis for each cost imposed in a juvenile sentence.


Headnotes

[1] In imposing costs in a juvenile disposition order, a trial court must cite to the statutory basis for each cost imposed.

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Key Quotes

“the trial court is required to provide a citation to the statutory basis for each cost imposed”

Statement of the legal requirement applicable to trial courts when imposing costs in juvenile dispositions.

Facts & Procedural History

N.B., a child, was sentenced by a Marion County circuit court to an amount including $304 in costs without any citation to statutory authority. Appell…

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Opinion of the Court

PER CURIAM.

Appellant, N.B., a child, appeals the sentence imposed below to the extent that it imposes costs in the amount of $304 without citing to any statutory authority. Appellant filed a motion to correct the error in the disposition order pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2) on September 27, 2022; however, the motion was not ruled on within the allotted time frame and is thus deemed denied. The State has commendably agreed that the matter should be remanded for a citation to the statutory authority for the costs sought to be imposed.

In accordance with V.D. v. State, 922 So. 2d 1037, 1038 (Fla. 5th DCA

2006), the trial court is required to provide a citation to the statutory basis for each cost imposed. See also Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st

DCA 1994). Accordingly, we strike the costs from the disposition order and remand for entry of an amended disposition order that contains a statutory citation as to each cost imposed by the court.

REMANDED.

LAMBERT, C.J., EDWARDS and MAKAR, JJ., concur.


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