From Casetext: Smarter Legal Research

Staudt v. State

District Court of Appeal of Florida, Fourth District
Apr 7, 1993
616 So. 2d 600 (Fla. Dist. Ct. App. 1993)

Summary

holding that police agency is not a "victim" under restitution statute, and therefore defendant could not be ordered to pay for investigative costs under statute

Summary of this case from Seidman v. State

Opinion

No. 92-0891.

April 7, 1993.

Appeal from the Circuit Court, Martin County, Larry Schack, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Smith, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm the trial court's order of restitution and civil judgments in favor of the victims. We reverse that part of the order of restitution which requires appellant to pay the investigative costs of the Florida Department of Law Enforcement and Stuart Police Department. In Bain v. State, 559 So.2d 106 (Fla. 4th DCA 1990), this court held a police agency was not a "victim" as used within section 775.089, Florida Statutes (1987), and that investigative costs should be imposed pursuant to section 939.01, Florida Statutes (1987).

We remand this cause to the trial court with directions to vacate the assessment of investigative costs from its restitution order, to conduct a hearing and to impose such costs as may be appropriate pursuant to section 939.01.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, FARMER and KLEIN, JJ., concur.


Summaries of

Staudt v. State

District Court of Appeal of Florida, Fourth District
Apr 7, 1993
616 So. 2d 600 (Fla. Dist. Ct. App. 1993)

holding that police agency is not a "victim" under restitution statute, and therefore defendant could not be ordered to pay for investigative costs under statute

Summary of this case from Seidman v. State
Case details for

Staudt v. State

Case Details

Full title:STEPHEN STAUDT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 7, 1993

Citations

616 So. 2d 600 (Fla. Dist. Ct. App. 1993)

Citing Cases

Taylor v. State

Additionally, for purposes of restitution, a police agency does not meet the definition of a "victim." §…

Sparkes v. State

We reverse the order requiring appellant to pay investigative costs to the Forensic Automobile Investigation…