Frederick O'Neal GARRISON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*54 James Marion Moorman, Public Defender, and Michael J.P. Baker, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert L. Martin, Assistant Attorney General, Tampa, for Appellee.
HALL, VINCENT T., Senior Judge.
Frederick Garrison challenges the denial of his motion to suppress and certain costs and probation conditions imposed at sentencing. We conclude that the lower court properly denied the appellant's motion to suppress because the totality of the circumstances observed by the police officer contributed to his reasonable suspicion of criminal activity. We, therefore, affirm the denial of the appellant's motion to suppress and the final judgment, strike the $2.00 cost, affirm certain probation conditions and remand for the lower court to strike other probation conditions.
Based upon the totality of the circumstances, the police officer possessed a reasonable suspicion that criminal activity was afoot. See Tamer v. State,
The appellant also disputes certain costs imposed. At the sentencing hearing, the judge announced a $500.00 attorney's fee lien and advised the appellant of his right to contest the amount. The appellant correctly contends that the lien was improperly assessed because neither the judge nor the record recited section 27.56, Florida Statutes (1995), the statutory authority for its imposition. See Sutton v. State,
Similarly, the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1995), is a discretionary cost and must be pronounced at sentencing. Reyes,
Finally, the appellant contends that certain probation conditions were not orally announced and were, therefore, improperly imposed. State v. Hart,
*55 Condition (7) is a standard condition published in Florida Rule of Criminal Procedure 3.986 and, as such, requires no oral announcement. Hart,
We affirm condition (o), which required that the appellant obtain a graduate equivalency degree (GED) and permitted him to "study off" his community service hours by enrolling within thirty days in the GED program and remaining successfully enrolled. The trial judge orally pronounced this special condition, and it is referred to in the order of probation. The trial judge also ordered in condition (n) that the appellant complete 100 hours of community service. The order of probation specified that he complete ten hours per month. We agree with the state that the monthly requirement does not alter that portion of the sentence imposed. We, therefore, 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 hours to work off court costs. See Price v. State,
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 our opinion.
FRANK, A.C.J., and ALTENBERND, J., concur.
