CHARLES EDWARD COMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that imposing court costs under section 27.3455, Florida Statutes (1985), for an offense committed before the statute's effective date is an impermissible ex post facto application of the law.
Appellant was convicted of possession of cocaine, an offense that occurred on November 24, 1984. He was sentenced to incarceration and ordered to pay …
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WENTWORTH, Judge.
Appellant seeks review of his sentence imposing $200 additional court costs pursuant to section 27.3455, Florida Statutes (1985). He argues that imposition of these costs was an impermissible ex post facto application of the law, since the offense for which he was convicted occurred prior to the effective date of section 27.3455. We agree and reverse.
Appellant was charged with possession of cocaine, in violation of section 893.13, Florida Statutes. After entering a plea of no contest, he was adjudicated guilty of the offense, which occurred on November 24, 1984, sentenced to 30 months incarceration, and ordered to pay $200 in court costs pursuant to section 27.3455. At the time of sentencing, appellant objected to imposition of the costs on the ground that the offense for which he was convicted occurred prior to the effective date of the statute.
Florida courts have found that application of section 27.3455, Florida Statutes (1985), to crimes committed prior to July 1, 1985, the effective date of the statute, is a violation of ex post facto provisions of the United States and Florida Constitutions.1 Beahn v. State, 499 So. 2d 74 (Fla. 2d DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).
Accordingly, the trial court’s assessment of the costs is vacated and the case is remanded for resentencing.2
BOOTH, C.J., and MILLS, J., concur. . U.S. Constitution, Art. I, section 9, Cl. 3; Art. I, section 10, Cl. 1. Florida Constitution, Art. I, section 10.
. Upon remand, imposition of costs pursuant to amended section 27.3455, Florida Statutes (1986), will not be an ex post facto violation since the amended law no longer provides that no gain-time shall accrue until the costs are paid.
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Sharyon Sanders v. State, 101 So. 3d 373 (Fla. 1st DCA 2012)…rt cost rather than an additional surcharge on any fine imposed. See Ch. 2010-162, § 31, Laws of Fla. This amendment took effect after the date of Sanders’ offenses and, thus, the 2009 version of the statute applies in this case. See Comer v. State, 502 So. 2d 513 (Fla. 1st DCA 1987).…
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Leondray Kirkland v. State, 106 So. 3d 4 (Fla. 1st DCA 2013)…2010-162, § 31, Laws of Fla. This amendment took effect after the date of [Appellant’s] offense and, thus, the 2009 version of the statute applies in this case.” Sanders v. State, 101 So. 3d 373, 377 n. 3 (Fla. 1st DCA 2012) (citing Comer v. State, 502 So. 2d 513 (Fla. 1st DCA 1987)).…
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Flint v. State, 515 So. 2d 388 (Fla. 2d DCA 1987)…f indigency. Ch. 86-154, § 1, Laws of Fla. The first district has applied this amendment to cases in which the crimes were committed before the effective date of the amendment. Jones v. State, 507 So. 2d 763, 764 (Fla. 1st DCA 1987); Comer v. State, 502 So. 2d 513 (Fla. 1st DCA 1987). This opinion maintains the consistency within our district by applying the statute in effect at the time the offense occurred. We believe this holding is consistent with recent Florida and United States Supreme Court rulings. Se…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)
- Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986)
- Loring v. State, 499 So. 2d 74 (Fla. 2d DCA 1986)