State v. Porchia

Supreme Court of Florida

Decided August 20, 1998

Supreme Court of Florida · decided 1998-08-20

Cited by 3 later decisions — most recently February 2005

3 state decisions

Relies on 712 So. 2d 762 - State v. Williams · 705 So. 2d 1050 - Porchia v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-08-20

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PER CURIAM.

¶1We have for review the following question certified to be of great public importance:

SHOULD THE REQUIREMENT THAT A DEFENDANT PAY FOR DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE TREATED AS A SPECIAL CONDITION THAT REQUIRES ORAL ANNOUNCEMENT?

¶2 Porchia v. State, 705 So.2d 1050, 1051 (Fla. 5th DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We answered this question in State v. Williams, 712 So.2d 762 (Fla.1998), by holding that the requirement that a defendant pay for drug testing is a special condition of probation which the trial court must pronounce orally at sentencing.

¶4Accordingly, we approve the decision below.

¶5It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.