ELSTON WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the State may not recover attorney fees as part of prosecution costs and that an administrative fee was not statutorily authorized.
Appellant was convicted of sexual battery, armed kidnapping, and aggravated battery. The trial court ordered appellant to pay prosecution costs and an…
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PER CURIAM.
Finding no reversible error, we affirm appellant’s convictions and sentences for sexual battery with a deadly weapon, armed kidnapping, and aggravated battery. We must reverse and remand, however, certain portions of the trial court’s judgment and sentence imposing costs.
The trial court ordered appellant to pay $800 for “costs of prosecution” pursuant to section 939.01, Florida Statutes. The amount was calculated by multiplying $25 per hour by 32 hours of what the prosecutor described as “investigative and trial time.” This court has held, however, that the State may not recover attorney fees as part of these costs. Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So. 2d 211 (Fla.1993); Scott v. State, 629 So. 2d 1070 (Fla. 1st DCA 1994). Since it is not clear how much of the $800 is attributable to the State’s attorney fees and how much is attributable to assessable investigative costs, we reverse and remand. See Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993).
We also reverse the $5 fee imposed pursuant to an “administrative order.” This fee is not specifically authorized by statute or otherwise proper. Lindsey v. Dykes, 129 Fla. 65, 175 So. 792 (1937); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Williams v. State, 596 So. 2d 758 (Fla. 2d DCA 1992); Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993).
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
BOOTH, MICKLE and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 42 So. 3d 807 (Fla. 1st DCA 2010)…9] courts have not permitted costs of judicial administration to be assessed. See Mickler v. State, 682 So. 2d 607, 609 (Fla. 2d DCA 1996) (holding juror costs and state attorneys’ fees improperly assessed as a cost of prosecution); Watson v. State, 662 So. 2d 969, 969 (Fla. 1st DCA 1995) (holding state attorney fees improperly assessed as a cost of prosecution); Williams v. State, 596 So. 2d 758, 759 (Fla. 2d DCA 1992) (noting judicial salaries, clerical and reportorial services, or juror reimbursements cann…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992)
- Williams v. State, 596 So. 2d 758 (Fla. 2d DCA 1992)
- Lindsey v. Geo. J. Dykes, 129 Fla. 65 (Fla. 1937)
- Mullings v. Barton, 620 So. 2d 258 (Fla. 1st DCA 1993)
- State v. Parks, 129 Fla. 64 (Fla. 1937)
- DeWayne Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993)
- Scott v. State, 629 So. 2d 1070 (Fla. 1st DCA 1994)
- Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993)