NAJEE SANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed probation revocation and underlying sentence but reversed and remanded to require the trial court to cite statutory authority for costs imposed at sentencing.
A trial court must cite the statutory authority for all costs imposed in a written sentencing order, whether mandatory or discretionary.
[1] Statutory authority for all costs imposed at sentencing, whether mandatory or discretionary, must be cited in the written sentencing order.
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Join FLexlaw to unlock all legal intelligence“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.”
Court stating the legal requirement for sentencing orders imposing costs.
Najee Sanders was convicted of felony battery, and his probation was revoked at sentencing. The circuit court orally pronounced that minimum mandatory…
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Najee Sanders challenges the revocation of his probation and the resulting sentence on his underlying conviction for felony battery. We affirm the revocation of Sanders’ probation and his sentence without comment, but reverse and remand because the circuit court erred in imposing certain costs. Sanders preserved his challenge to this sentencing error by filing a motion pursuant, to Florida Rule of Criminal Procedure 3.800(b)(2). Although the record reflects that the circuit court granted Sanders’ motion, the motion was deemed denied when an amended sentence was not filed within the time specified by rule 3.800(b)(2).
At sentencing, the circuit court orally pronounced that “[mjinimum, mandatory costs [be] imposed as a lien.” The written sentence reflects various costs, but provides no statutory basis for their assessment. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Kirby v. State, 695 So.2d 889, 890 (Fla. 2d DCA 1997). Therefore, we strike the costs imposed. On remand, the circuit court may reimpose these costs if it provides statutory authority for their assessment. See id.; McGee v. State, 963 So.2d 931, 932 (Fla. 2d DCA 2007).
Affirmed in part, reversed in part, and remanded with directions.
KHOUZAM and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Singletary v. State, 198 So. 3d 973 (Fla. 2d DCA 2016)…e statutory authority underlying their assessment. See Vick, 37 So. 3d at 952. Affirmed in part, reversed in part, and remanded with directions. NORTHCUTT and SLEET, JJ., concur. . A virtually identical situation occurred in Sanders v. State, 189 So. 3d 946 (Fla. 2d DCA 2016).…
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King v. State, 48 Fla. L. Weekly D662 (Fla. 5th DCA 2023)…uthority for these costs in its order.” Id. at 1264 (emphasis added). Since then, the second district has regularly employed similar language when reversing cost orders. See Weber v. State, 368 So. 3d 487, 489 (Fla. 2d DCA 2023); Sanders v. State, 189 So. 3d 946, 946 (Fla. 2d DCA 2016); Kirby v. State, 695 So. 2d 889, 890 (Fla. 2d DCA 1997). That said, even the second district does not always require citation to authority in the written order. See T.D.S. v. State, 45 So. 3d 18, 19 (Fla. 2d DCA 2010) (affir…
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Greene v. State, 241 So. 3d 282 (Fla. 2d DCA 2018)…y days. See Fla. R. Crim. P. 3.800(b)(2)(B); White v. State, 32 So. 3d 132, 132 (Fla. 2d DCA 2010). "The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." Sanders v. State, 189 So. 3d 946, 946 (Fla. 2d DCA 2016) (quoting Kirby v. State, 695 So. 2d 889, 890 (Fla. 2d DCA 1997)); see also Singletary v. State, 198 So. 3d 973, 974 (Fla. 2d DCA 2016). Here, the written cost order reflects various costs with no citation to statutory author…
Authorities Cited
- Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)
- C.B. v. State, 963 So. 2d 931 (Fla. 2d DCA 2007)