JOHNSON v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Jan JOHNSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-55

Decided: July 30, 2021

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.

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.

PER CURIAM.

EDWARDS, EISNAUGLE and WOZNIAK, JJ., concur.

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