Opinion
Case No. 96-253
Opinion Filed January 3, 1997
Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.
James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm the judgment and sentence with the exception of a special condition in the probation order imposing a fee of $100 "pursuant to section 893.13(4)(b),Florida Statutes (1995)." We vacate this condition of the written probation order for the reason that the costs were not orally imposed at the sentencing hearing. The requirement that a defendant contribute to the Department of Law Enforcement constitutes a special condition of probation which must be orally announced at sentencing. See Justice v. State, 674 So.2d 123 (Fla. 1996).
The court meant to cite to subsection (8) (b).
AFFIRMED IN PART; VACATED IN PART; REMANDED.
PETERSON, CJ., HARRIS and ANTOON, JJ., concur.