Victor Villanueva, Petitioner v. State of Florida, Respondent

Summary

The court held that the probation statute does not prohibit a trial court from imposing sex-offender therapy as a discretionary special condition for an offense outside the statute's enumerated offenses. It nevertheless held that the condition was invalid here because misdemeanor battery, as found by the jury, did not establish a sufficient relationship to sex-offender therapy, the therapy did not concern independently criminal conduct, and the record did not show a reasonable relationship to future criminality. The court quashed the district court's decision and remanded for modification of the probation conditions. Justice Pariente, concurring in part and dissenting in part, agreed that the condition was invalid but would also have held that the statute itself barred imposing sex-offender treatment for a nonenumerated offense; Justices Lewis and Canady would have upheld the condition.