Johnson v. State

Full title: JAN JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jul 30, 2021

No. 5D21-55 (Fla. Dist. Ct. App. Jul. 30, 2021)

Opinion

5D21-55

07-30-2021

JAN JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, 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 County Court for Seminole County, Mark E. Herr, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant, Jan Johnson's, conviction, judgment, and sentence for resisting an officer without violence in violation of section 843.02, Florida Statutes (2020), but remand with instructions to enter an amended judgment and sentence striking the improperly imposed cost of $10.00 as it was based upon Eighteenth Judicial Circuit Administrative Order No. 18-02-S, and was not authorized by any statute. "The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." Garrett v. State, 262 So.3d 267, 267 (Fla. 5th DCA 2019) (quoting Hornstra v. State, 218 So.3d 979, 980 (Fla. 5th DCA 2017)). A fee imposed pursuant to an administrative order, which is not specifically authorized by statute is not allowed. See Watson v. State, 662 So.2d 969, 969-70 (Fla. 1st DCA 1995).

AFFIRMED, in part; REVERSED, in part; and REMANDED, with instructions.

EDWARDS, EISNAUGLE and WOZNIAK, JJ., concur.