Turkaly v. State, 615 So. 2d 222

PER CURIAM.

In the order placing the defendant on probation in case number 91-1190, we strike special condition number fourteen in the order imposing a $100 “State Attorney‘s Fee“. A “State Attorney‘s Fee” is not “investigative costs incurred by law enforcement agencies” which is authorized by section 939.01(1), Florida Statutes, as a cost of prosecution, but is an award of attorney‘s fees for which there is no statutory or rule authorization. Smith v. State, 606 So.2d 501 (Fla. 5th DCA 1992); Smith v. State, 606 So.2d 427 (Fla. 1st DCA 1992); see also Smith v. State, 614 So.2d 525, n. 3 (Fla. 5th DCA 1993).

AFFIRMED AS MODIFIED.

W. SHARP and GRIFFIN, JJ. and COWART, Judge, Retired, concur.

Case Details

Case Name: Turkaly v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 5, 1993

Citations: 615 So. 2d 222; 1993 WL 55991; 92-683

Docket Number: 92-683

Court Abbreviation: Fla. Dist. Ct. App.