RICHARD NEAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
AFFIRMED.
DAUKSCH, GOSHORN and HARRIS, JJ., concur.
ON MOTION FOR REHEARING
PER CURIAM.
In his motion for rehearing, Near correctly points out that the State has conceded that the special condition of probation precluding him from associating with minors is over-broad. See Graham v. State, 658 So. 2d 642 (Fla. 5th DCA 1995) (holding that .special probation condition barring any contact with children is too broad because the possibility of unintentional violation, after release from prison, is too great). Accordingly, we remand to allow the trial court to refashion that special condition. We find no merit to Near’s remaining arguments on rehearing and, therefore, grant rehearing for the limited purpose of striking the aforementioned condition.
REHEARING GRANTED; REMANDED with instructions.
DAUKSCH, GOSHORN and HARRIS, JJ., concur.
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Rost v. Bowling, 861 So. 2d 1246 (Fla. 2d DCA 2003)…ermitted to recover special damages such as the cost of improvements to the leased property or the cost of renting substitute property. See Young, 83 So. 2d at 419; Iglesia Bautista De “Renovacion Cristiana” v. Tamiami Baptist Church of Miami, Inc., 678 So. 2d 1, 2 (Fla. 3d DCA 1996). Here, the tenant acknowledged that he located another building where he could conduct his business. However, he asserted that he lost the ability to conduct his business at any location because the landlord converted his tool…
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Duer v. State, 701 So. 2d 1273 (Fla. 5th DCA 1997)…urt has held that such a broad condition is improper because the defendant might inadvertently be placed in a situation where children are present, which is beyond his control. See Rowles v. State, 682 So. 2d 1184 (Fla. 5th DCA 1996); Near v. State, 678 So. 2d 1 (Fla. 5th DCA 1996); Graham v. State, 658 So. 2d 642 (Fla. 5th DCA 1995). Accordingly, we remand this cause to the trial court for the purpose of refashioning the condition of probation in order to minimize inadvertent violation. AFFIRMED in part;…
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