Clavelle v. State
80 So. 3d 456
| Fla. Dist. Ct. App. | 2012Background
- Clavelle was convicted of fleeing or eluding a law enforcement officer; conviction affirmed.
- The trial court imposed multiple costs and assessments in connection with the conviction.
- Notice and opportunity to contest the $150 Public Defender fee under 938.29(5) were not shown, rendering it premature.
- Assessments for Crimes Compensation Trust Fund ($50) and Additional Court Cost Clearing Trust Fund ($3) were improperly cited; proper authorities should be identified on remand.
- "SOC IF 100" assessment was imposed without a stated statutory authority; remand to cite basis.
- Local Government Criminal Justice Trust Fund assessment was $225, but in 2008 the statute authorized $200; remand to reduce to $200.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PD fee validity | Clavelle argues no proper notice/hearing on the PD fee. | State concedes improper notice may have occurred. | On remand, provide opportunity to contest the fee. |
| Improper statutory authority for assessments | Correct authorities were not cited for certain assessments (Crimes Compensation, Clearing Trust Fund). | Authorities were mis-cited but remand can cure with proper citations. | On remand, cite proper statutory authority for these assessments. |
| SOC IF 100 charge | No authority cited for the SOC IF 100 charge. | Authority should be provided on remand. | Remand to supply statutory basis for SOC IF 100. |
| Local Government Criminal Justice Trust Fund amount | Assessment exceeded statutory amount for offense era. | Statute in effect should govern amount; remand to adjust. | Reduce to $200 to align with statute in effect on May 2008. |
| Crime Stoppers assessment validity | Habitual offender status with no fine makes 938.06 inapplicable. | Assessment may be improper under current factual posture; needs correction on remand. | On remand, reassess as no fine was imposed and limit applicability. |
Key Cases Cited
- Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010) (premature assessment; right to contest fees on remand)
- Snowden v. State, 685 So. 2d 974 (Fla. 1st DCA 1996) (clarifies proper imposition and challenge to costs)
- Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010) (statutory amount guidance for local government trust fund)
- Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011) (limitations on 938.06 assessments when no fine imposed)
- Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011) (restrictions on 938.06 assessments in habitual offender context)