RODNEY BOYNTON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE,

Citator

Cited By

• Torres v. State, 712 So. 2d 1169 (Fla. 2d DCA 1998)
  ….03(k), Fla. Stat. (1995). The second portion of condition A, requiring a probationer to pay for either alcohol or drug testing, is a special condition that must be orally pronounced. See State v. Williams, 712 So. 2d 762 (Fla.1998); Smith v. State, 702 So. 2d 1305 (Fla. 2d DCA 1997). Because the trial court did not pronounce condition A at the sentencing hearing, we must strike the portion requiring Mr. Torres to pay for alcohol or drug testing. [*1171] Affirmed in part, reversed in part, and remanded. ALTEN…
• Repoleon Porchia v. State, 705 So. 2d 1050 (Fla. 5th DCA 1998)
  …to pay for random drug testing is actually a general condition or rather a special condition that requires oral announcement. See Williams v. State, 700 So. 2d 750 (Fla. 2d DCA 1997); Huffv. State, 700 So. 2d 787 (Fla. 2d DCA 1997); Smith v. State, 702 So. 2d 1305 (Fla. 2d DCA 1997). We join the Second District Court of Appeal in certifying the following question to the Florida Supreme Court as one of great public importance: SHOULD THE REQUIREMENT THAT A DEFENDANT PAY FOR DRUG TESTING BE TREATED AS A GENER…
• Steinard v. State, 711 So. 2d 105 (Fla. 2d DCA 1998)
  …ation without oral pronouncement. He is correct. Condition twelve, requiring Stei-nard to pay for drug and alcohol testing and treatment, is a special condition not orally pronounced at sentencing; therefore, it must be stricken. See Smith v. State, 702 So. 2d 1305 (Fla. 2d DCA 1997). Condition thirteen, requiring Steinard to “waive extradition should a violation of supervision occur,” is also a special condition not orally pronounced at sentencing that must be stricken. See Smith, 702 So. 2d at 1306; McDaniel…

Authorities Cited

• THE Florida BAR v. Rightmyer, 488 So. 2d 532 (Fla. 1986)