GARRETT v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Richard S. GARRETT, Jr., Appellant, v. STATE of Florida, Appellee.

Case Nos. 5D18-816, 5D18-817, 5D18-818, 5D18-819

Decided: January 18, 2019

James S. Purdy, Public Defender, and Brittany N. O'Neil and Edward J. Weiss, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley B. Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant, Richard S. Garrett, Jr., appeals the imposition of costs, arguing that the trial court erred in failing to cite statutory authority for the same. We agree and reverse the order imposing costs.

“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Hornstra v. State, 218 So.3d 979, 980 (Fla. 5th DCA 2017) (quoting Kirby v. State, 695 So.2d 889, 890 (Fla. 2d DCA 1997) ). We therefore reverse the order of costs and remand so that the State “may seek reimposition” of costs. Kirby, 695 So.2d at 890. We otherwise affirm.

REVERSED and REMANDED with instructions.

PER CURIAM.

EVANDER, C.J., EISNAUGLE and HARRIS, JJ., concur.

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