State v. Porchia
State v. Porchia
716 So. 2d 766; 23 Fla. L. Weekly Supp. 423; 1998 Fla. LEXIS 1475; 1998 WL 608231
(Southern Reporter, Second Series)
State v. Porchia
Opinion of the Court
We 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?
Porchia v. State, 705 So.2d 1050, 1051 (Fla. 5th DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We 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.
Accordingly, we approve the decision below.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.