N.B. v. State

Full title: N.B., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Mar 31, 2023

No. 5D22-1418 (Fla. Dist. Ct. App. Mar. 31, 2023)

Opinion

5D22-1418

03-31-2023

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

Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Marion County, LT Case No. 2021-CJ-000726 Stacy M. Youmans, Judge.

Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

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.