ELIZABETH ANTONIK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Elizabeth Antonik appealed a criminal sentence challenging a civil restitution lien and court costs imposed by the trial court. The appellate court struck the restitution lien as invalid for noncompliance with statutory requirements and remanded the court costs assessment for clarification of statutory authority.
The restitution lien was invalid and struck because it failed to identify the person or entity in whose favor it was imposed. The court costs assessment of $580 was struck without prejudice and remanded to the trial court for clarification of the statutory authority underlying each assessment. The probation provision allowing community service in lieu of court costs was struck as no longer authorized. All other aspects of the judgment and sentence were affirmed.
[1] A civil restitution lien is invalid if it does not identify the person or entity in whose favor it is imposed.
[2] Assessments of court costs must be remanded for clarification of the statutory authority underlying each assessment.
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Join FLexlaw to unlock all legal intelligence“the lien at issue here is invalid in that it does not identify the person or entity in whose favor it is imposed”
Establishes the basis for striking the restitution lien—failure to comply with statutory identification requirements
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a civil restitution lien order against the defendant and imposed court costs of $580. The lien did not identify the person or …
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PER CURIAM.
In accordance with Lund v. State, 658 So. 2d 679 (Fla. 1st DCA 1995), we strike the civil restitution lien order entered in this case, based on its noncompliance with the requirements of section 960.292(3), Florida Statutes (Supp.1994). As was the case in Lund, the lien at issue here is invalid in that it does not identify the person or entity in whose favor it is imposed. In view of this disposition, we decline to reach the other issues presented by appellant regarding the interpretation of the statute and its eonstitu- tionality, and the absence of the defendant at the time the lien was imposed.
Appellant farther argues that the trial court erred in imposing costs without reference to statutory authority. The state acknowledges and we agree that this issue should be remanded to the trial court for clarification as to the nature of each assessment and the statutory authority underlying it. We therefore strike the assessment of court costs in the amount of $580, without prejudice to the reimposition of these costs upon compliance with the proper procedures. See, Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994).
We further direct the trial court, on remand, to strike the provision of the probation order allowing appellant to perform community service in lieu of a portion of the court costs, as this alternative is no longer authorized. Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991).
In all other respects, the judgment and sentence of the trial court is affirmed.
JOANOS, MICKLE and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)
- Bonner v. State, 658 So. 2d 679 (Fla. 1st DCA 1995)
- Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991)
- Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992)
- Lasley v. Palm Beach Cnty., 595 So. 2d 1056 (Fla. 4th DCA 1992)