CHRISTOPHER GEARHART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Certain conditions of probation must be stricken if they were not orally imposed by the trial court or lack statutory authority.
Appellant pleaded no contest to unlawful possession of a controlled substance and was placed on drug offender probation. The written probation order c…
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[*317] THOMPSON, Judge.
In this Anders appeal1 appellant entered a no contest plea to unlawful possession of a controlled substance and was placed on drug offender probation for 30 months. Several conditions of probation must be stricken. The requirements that appellant be financially responsible for blood or other tests requested by his probation officer (condition 12) and that appellant be financially responsible for summary fees as the result of any alcohol or drug evaluation (condition 16), are hereby stricken because they were not orally imposed as special conditions of probation by the trial court. See Jackson v. State, 685 So. 2d 1386 (Fla. 5th DCA 1997).
Furthermore, condition 13, which requires that appellant pay a $50 non-recurring processing fee and a 4% surcharge, was not orally imposed by the trial court and there appears to be no statutory authority for it. Id. That fee is likewise stricken.
As appellant committed his offense on 4 July 1994, there was no statutory authority at that time for the $1 per month First Step fee imposed in condition 18. That assessment is therefore stricken. See Bruce v. State, 687 So. 2d 1322 (Fla. 5th DCA 1997).
Finally, special conditions 15,19, and 20 of the written probation order, which prohibit all consumption of alcoholic beverages2 and require attendance at specific educational programs,3 were not orally pronounced by the trial court and therefore must also be stricken.
PROBATION ORDER VACATED IN PART; AFFIRMED AS MODIFIED.
DAUKSCH and GOSHORN, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. See Boyd v. State, 688 So. 2d 959 (Fla. 2d DCA 1997).
. See Welborn v. State, 687 So. 2d 35 (Fla. 4th DCA 1997).
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Harris v. State, 698 So. 2d 343 (Fla. 5th DCA 1997)…uires him to pay a one-time $50 non-recurring processing fee and an accompanying 4%. surcharge in conjunction with administrative probation. Since none of these special conditions were orally pronounced, they must be stricken. See Gearhart v. State, 692 So. 2d 316 (Fla. 5th DCA 1997); Jackson v. State, 685 So. 2d 1386 (Fla. 5th DCA 1997).1 See also Justice v. State, 674 So. 2d 123 (Fla.1996). AFFIRMED in part; REVERSED in part; and REMANDED. DAUKSCH, COBB and ANTOON, JJ., concur. . We do, however, lake thi…
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E-Z Marine Supply, Inc. v. Wachovia Commercial Mortg., Inc., 875 So. 2d 729 (Fla. 4th DCA 2004)…der in this case, which provided for payments during the pendency of the underlying lawsuit, was not “final in nature.” The motion for rehearing did not toll the time for filing of the notice of appeal. Deal, 783 So. 2d at 321; Hoffman v. Dickerson, 692 So. 2d 316 (Fla. 5th DCA 1997). The notice of appeal was not filed within thirty days of rendition of the order to be reviewed. See Fla. R.App. P. 9.130(b). The previously entered dismissal was therefore proper. The motion for rehearing is denied. STEVENSON…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jackson v. State, 685 So. 2d 1386 (Fla. 5th DCA 1997)
- Boyd v. State, 688 So. 2d 959 (Fla. 2d DCA 1997)
- Edmond A. Welborn v. State, 687 So. 2d 35 (Fla. 4th DCA 1997)
- Bruce v. State, 687 So. 2d 1322 (Fla. 5th DCA 1997)