JOSEPH AVALLONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that cost assessments made as special conditions of community control or probation must be supported by statutory authority and proper notice.
The trial court ordered the defendant to pay a deposit as a condition of community control and entered two cost orders. The court also assessed specif…
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GRIFFIN, Judge.
This is yet another ease requiring reversal because of errors in the increasingly byzantine complex of cost assessments.
As a special condition of community control, the trial court ordered Avallone to pay a $24 deposit to First Step of Volusia County. This court has recently held that such orders should be stricken unless the trial court cites supporting statutory authority, Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994).
Also, the trial court entered two cost orders pursuant to section 27.3455(1), Florida Statutes (1993), one for each count. That was error. Hollingsworth v. State, 632 So. 2d 176 (Fla. 5th DCA 1994).
Finally, the court order for Count II assesses “$10.00 pursuant to Volusia County Fee E75-52 and E75-44.” This $10 appears to be part of the $115 in court costs assessed as a special condition of probation in Count II. The trial court did not cite any statutory authority for its imposition nor was there notice and opportunity to be heard. Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992). This court has determined to strike such assessments unless the trial court cites supporting statutory authority. See Gedeon. See Also Fla.R.Crim.P. 3.986(c).
JUDGMENT AFFIRMED; SENTENCE VACATED WITH INSTRUCTIONS TO ENTER AMENDED COST ORDER. HARRIS, C.J., and DIAMANTIS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…, it must be imposed as a discretionary cost. It is possible that this list is not complete. Locating cost statutes is a challenge. This list should demonstrate why at least one court has described the cost system as “byzantine.” Avallone v. State, 646 So. 2d 745 (Fla. 5th DCA 1994). When trying to pair the above-described statutes with the costs imposed in this case, one cannot logically arrive at the $235 assessment of court costs in Mr. Reyes’ written judgment. He was obligated to pay $200 under section…
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McLEOD v. State, 645 So. 2d 116 (Fla. 5th DCA 1994)
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Dumas v. State, 651 So. 2d 699 (Fla. 5th DCA 1995)…DCA 1994); Sweet v. State, 644 [*700] So. 2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Murray v. State, 647 So. 2d 313 (Fla. 5th DCA 1994); Avallone v. State, 646 So. 2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). The requirement…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hollingsworth v. State, 632 So. 2d 176 (Fla. 5th DCA 1994)
- Menchaca v. State, 636 So. 2d 178 (Fla. 2d DCA 1994)
- Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994)
- Hernandez v. State, 638 So. 2d 214 (Fla. 4th DCA 1994)
- Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994)
- Britton v. State, 595 So. 2d 583 (Fla. 2d DCA 1992)
- Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992)