MICHAEL LIVINGSTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The application of section 27.3455(1), Florida Statutes (1985), to crimes committed prior to its effective date violates the ex post facto provisions of the U.S. and Florida Constitutions.
The case concerns the retroactive application of a statute requiring court costs to be paid before granting prisoner gain time. The district court cer…
The full statement of facts, procedural history, and disposition for this case are member content.
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OVERTON, Justice.
This is a petition to review Livingston v. State, 497 So. 2d 998 (Fla. 5th DCA 1986), concerning the retroactive application of section 27.3455(1), Florida Statutes (1985), which requires that all court costs and court fees shall be paid in full prior to granting a prisoner gain time. The district court certified the following question of great public importance:
Does the application of section 27.3455, Florida Statutes (1985) to crimes committed prior to the effective date of the statute violate the ex post facto provisions of the Constitutions of the United States and of the State of Florida, or does the statute merely effect a procedural change as is permitted under State v. Jackson, 478 So. 2d 1054 (Fla.1985)?
497 So. 2d at 999. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986), the district court certified the identical question which we rephrased as follows:
Does application of the penalty provisions of section 27.3455, Florida Statutes (1985), to crimes committed prior to the effective date of the statute violate the ex post facto provisions of the Constitutions of the United States and Florida?
State v. Yost, 507 So. 2d 1099, 1101 (Fla.1987). We held the statute unconstitutional in its application to crimes committed prior to its effective date and answered the rephrased question in the affirmative.
In accordance with our decision in Yost, we approve the decision of the Fifth District Court of Appeal in the instant case.
It is so ordered.
McDonald, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ. concur.
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Carter v. State, 513 So. 2d 782 (Fla. 1st DCA 1987)…ition of a period of community service on indigents unable to pay the fees and court costs is permissible for a defendant such as Carter who committed his crimes before the 1 July 1985 effective date of Section 27.3455. See also Livingston v. State, 510 So. 2d 295 (Fla.1987) (the statute is unconstitutional in its application to crimes committed prior to its effective date). Section 27.3455 was amended by Ch. 86-154, section 1 Laws of Florida, to delete the aforementioned penalty provisions for failure to pa…
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In re Name Change Petition of Byron Suber, 675 So. 2d 1021 (Fla. 1st DCA 1996)…olates Article I, Section 10 of the Constitution of the State of Florida. See generally Dugger v. Williams, 593 So. 2d 180 (Fla.1991); Waldrup v. Dugger, 562 So. 2d 687 (Fla.1990); Patterson v. State, 513 So. 2d 1263 (Fla.1987); Livingston v. State, 510 So. 2d 295 (Fla.1987). The statutory amendment disadvantaged appellant, depriving him of a liberty interest. See Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So. 2d 732, 733 (Fla. 2d DCA 1983)(concluding that the name change statute codifies the co…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)
- State v. Yost, 507 So. 2d 1099 (Fla. 1987)
- Walker v. State, 497 So. 2d 998 (Fla. 5th DCA 1986)
- Livingston v. State, 497 So. 2d 998 (Fla. 5th DCA 1986)