Kahasim Rashid Brown v. State of Florida, 348 So.3d 31

Appellant Kahasim Rashid Brown was convicted by a jury of DUI causing property damage (second offense) and leaving the scene of an accident involving property damage.
Counsel filed an Anders brief asserting no meritorious appellate issues; the court conducted the required Anders/Causey review.
The court affirmed the convictions but identified multiple sentencing errors in the written sentencing order.
Errors included an unauthorized five-year driver’s license suspension, $82 in court costs lacking statutory/local authority, and a $30 state facilities surcharge imposed without a required local ordinance citation.
The court also held the trial court erred by allowing community service in lieu of payment for (a) the leaving-the-scene fine and (b) court costs, noting statutory changes removed the community-service-in-lieu-of-costs option.
The appellate court struck the Anders brief and directed counsel to file a rule 3.800(b)(2) motion in the trial court within 20 days to correct sentencing errors; the lower court must resolve it and transmit a supplemental record for an amended brief.

Issue	Plaintiff's Argument (Brown)	Defendant's Argument (State)	Held
Driver's-license suspension length	Prior DUI not within five years, so 5-year suspension improper	Suspension was properly imposed	Error: 5-year suspension not authorized because prior DUI was more than five years earlier
Unsupported $82 in court costs	$82 lacks statutory or local-ordinance authority	Costs are proper as listed in written order	Error: only $374 of $456 supported; $82 unsupported and may not be reimposed unless properly authorized on remand
Prosecution costs under §938.27	Prosecution costs were improperly assessed without State request or factual basis	Costs are recoverable under statutes listed	Error as to prosecution costs: State failed to request them; such costs are waived and cannot be reimposed
$30 state facilities surcharge (318.18(13)(a)1)	Surcharge imposed without citation to required local ordinance	Surcharge valid as assessed	Error: surcharge requires local-ordinance adoption and citation; may be reimposed only with proper citation on remand
Community service in lieu of fines and costs	Allowed to perform community service at $10/hr in lieu of fines and costs	Community service is permissible alternative	Partially error: community service may substitute only for portion of DUI fine per §316.193(6)(m); not allowed for the leaving-the-scene fine; community service cannot be used in lieu of court costs (statutory authority removed)

Anders v. California, 386 U.S. 738 (procedural rule for counsel to brief lack of meritorious issues)
State v. Causey, 503 So. 2d 321 (Fla. 1987) (Florida standard for appellate Anders review)
Richards v. State, 288 So. 3d 574 (Fla. 2020) (State must request assessment of prosecution costs)
Jenkins v. State, 332 So. 3d 1013 (Fla. 4th DCA 2022) (State bears burden to show prosecution costs exceed $50 minimum)
Snowden v. State, 685 So. 2d 974 (Fla. 1st DCA 1996) (trial court must cite statutory/local authority for court-costs assessments)
Calhoun v. State, 522 So. 2d 509 (Fla. 1st DCA 1988) (amendment removed community-service-in-lieu-of-costs alternative)
Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993) (confirming statutory amendment eliminated community-service alternative for costs)
Garrison v. State, 685 So. 2d 53 (Fla. 2d DCA 1996) (same)
Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991) (same)
Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988) (same)
Adams v. State, 197 So. 3d 641 (Fla. 1st DCA 2016) (procedures for remand and filing amended appellate brief after 3.800(b)(2) relief)