Background
Ciriaco Delacruz appealed his judgment and sentences from the Circuit Court for Hillsborough County, where Judge Samantha L. Ward presided. The appeal raised challenges to both the conviction and the sentences imposed by the trial court.
The Court’s Holding
The Second District Court of Appeal affirmed Delacruz’s underlying judgment of conviction without further discussion. However, the court identified and reversed a sentencing error: the trial court had imposed a $10.00 recording fee authorized under Florida Statutes section 28.24(13). The appellate court found this fee impermissible because section 28.24(13) does not apply to criminal cases, relying on precedent from Glaubius v. State, 401 So. 3d 580 (Fla. 2d DCA 2025).
The court remanded the case with instructions for the trial court to strike the recording fee from Delacruz’s sentences. All other sentences were affirmed.
Key Takeaways
- Florida Statutes section 28.24(13) does not authorize recording fees in criminal cases
- Trial courts must ensure that fees imposed during sentencing are legally applicable to the type of case being handled
- Improper fee assessments can be reversed on appeal even when the underlying conviction is affirmed
Why It Matters
This decision provides important guidance to trial courts on the proper application of Florida’s fee statutes during criminal sentencing. Trial courts must carefully review whether statutory fees are authorized for the specific proceeding before imposing them, as misapplied fees will be reversed on appeal. For criminal defendants, the ruling reinforces that appellate review includes scrutiny of all components of a sentence, including improper financial impositions.