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ROBERT A. GUNN, Appellant, v. STATE OF FLORIDA, Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing and substitute this opinion for that previously issued. We reverse and remand with directions to strike that portion of the Administrative Probation Order which imposed payment of $50 plus 5% for the Indian River County Alcohol and Drug Abuse Trust Fund and the $100 fee payable to the FDLE Statewide Criminal Analysis Lab, pursuant to § 938.25. The trial court may impose these fees in the event it finds Appellant has the ability to pay such amounts. See §§ 938.21— 938.23 (Florida Statutes).

We affirm the sentence and conviction in all other respects.

FARMER, STEVENSON and MAY, JJ., concur.

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GUNN v. STATE
(Jun 12, 2002)