MAGALENE PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*1106] PER CURIAM.
We agree with appellant’s contention that the trial court erred in ordering her to perform community service in lieu of paying court costs. The statute authorizing the imposition of community service in lieu of costs was amended effective October 1, 1986, and eliminated this alternative. Section 27.3455, Fla.Stat. (Supp.1986). Accordingly, we reverse the imposition of community service in lieu of court costs and remand the case to the trial court for the determination of costs after giving appellant adequate notice and an opportunity to be heard. Rowe v. State, 558 So. 2d 174, 175 (Fla. 5th DCA1990).
REVERSED AND REMANDED.
GUNTHER, POLEN and KLEIN, JJ., concur.
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Garrison v. State, 685 So. 2d 53 (Fla. 2d DCA 1996)…, affirm conditions (n) and (o) of the order of probation. The appellant correctly argues that there is no statutory authority for the special condition that he be allowed to use community service hour’s to work off court costs. See Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993). This provision should be stricken. We, therefore, affirm the judgment and sentence, strike the $2.00 cost and certain probation conditions, affirm other probation conditions and remand for further proceedings in accordance with…
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Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)…ent that the provision is permissive only and that defendant acquiesced to it. A trial court no longer has the authority to require a defendant to perform community service hours as an alternative to paying the cost of supervision. Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991). Although the provision is couched in permissive language, the only alternative to an indigent defendant, who is unable to pa…
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Phaneuf v. State, 655 So. 2d 1300 (Fla. 5th DCA 1995)…ate, 638 So. 2d 116 (Fla. 5th DCA), rev. granted, State v. Blackwell, 649 So. 2d 234 (Fla.1994) (Table). If probation is imposed as a portion of the sentence, monetary conditions may not be converted to community service hours. See Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993) (trial court erred in ordering defendant to perform community service in lieu of payment of costs; section 27.3455 authorizing community service in lieu of payment of costs was amended in 1986 to eliminate this alternative); Park…
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- Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990)