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MADISON v. STATE

No. 95-424.

664 So.2d 1140 (1995)

Dan MADISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Erin J. O'Leary, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

We agree with Madison that the cost assessments of $50.00 for the drug abuse fund and $100.00 for Florida Department of Law Enforcement (FDLE) must be reversed. They were not orally pronounced at the sentencing hearing and there is no statutory reference for these costs on either the sentence or order of probation, authorizing such assessment. The state argues that section 893.13(8)(a) authorizes the drug abuse cost assessment, and that section 939...

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