Heather Anne Bell v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 13, 2026
Docket6D2025-1433
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-1433
Lower Tribunal No. 2025-CT-000237
_____________________________
HEATHER ANNE BELL,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal from the County Court for Lee County.
Josephine Gagliardi, Judge.
November 13, 2026
WOZNIAK, J.
Heather Anne Bell appeals her judgment and sentence for reckless driving
with damage to property or person in violation of section 316.192(3)(c)1., Florida
Statutes (2025). We find no error in the judgment; however, we write to address her
challenge to the imposition of four different costs.
We remand for the trial court to strike the $33 “Traffic Offense Court Cost”
and the $70 “Reckless Driving Court Cost.” See Raber v. State, 423 So. 3d 557, 567
(Fla. 6th DCA 2025) (remanding for striking of cost imposed under section 318.18,
Florida Statutes (2022), on the ground that section 318.18’s penalties were
inapplicable, via application of section 318.17, Florida Statutes (2022), to
appellant’s convictions). Additionally, the State correctly concedes error with
respect to the discretionary assessment of $50 per month for costs of supervision.
See Paris v. State, 337 So. 3d 2, 3 (Fla. 4th DCA 2022) (holding that where trial
court did not orally impose $50 cost of probationary supervision, court was
authorized to impose only $40 per month under section 948.09(1)(b), Florida
Statutes (2019)). On remand, the $50 figure should be corrected to $40.
We afford Bell no relief on her challenge to the imposition of $65 costs under
section 939.185(1)(a), Florida Statutes (2025), as the reference to that statute was
sufficient to apprise Bell of the basis for the cost. See Chavis v. State, 247 So. 3d 9,
11 (Fla. 4th DCA 2018) (affirming imposition of $65 cost where court cited statutory
authority but not the specific ordinance).
AFFIRMED in part; REVERSED in part; REMANDED with instructions.
STARGEL and PRATT, JJ., concur.
Blair Allen, Public Defender, and Lisa Martin, Assistant Public Defender, Bartow,
for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Taylor Anne Schell, Assistant
Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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