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DAVID MERLE KNAUS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

RYDER, Acting Chief Judge.

Knaus contends that the trial court erred in imposing costs of prosecution due the Charlotte County Sheriff's Office as restitution. We agree and therefore strike that portion of the restitution order.

Under section 775.089(1)(c), Florida Statutes (1991), the sheriff's office does not meet the definition of a victim. See Staudt v. State, 616 So.2d 600 (Fla. 4th DCA 1993); Bain v. State, 559 So.2d 106 (Fla. 4th DCA 1990).

Restitution order stricken in part; otherwise affirmed.

PATTERSON and LAZZARA, JJ., concur.

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KNAUS v. STATE
(Jun 8, 1994)