N.B., A CHILD vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: March 31, 2023
• Docket: 22-1418
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

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

N.B., A CHILD,

Appellant,

v. Case No. 5D22-1418 LT Case No. 2021-CJ-000726

STATE OF FLORIDA,

Appellee.

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Opinion filed March 31, 2023

Appeal from the Circuit Court for Marion County, 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.