park or playground, or any other place proscribed by the court where children regularly congregate. This is one of the standard conditions of sex offender probation mandated by section 948.30, Florida Statutes (2005). Several days after sentencing, on December 12, 2005, Kalinowski filed a motion to clarify or modify his sentence. The motion states that Kalinowski has lived in the same house for over thirty years, but was instructed by his probation officer that he must now move based upon the prohibition in condition 26 of his probation order. The motion argues that this condition could not be enforced by the Department of Corrections because it is a special condition of probation not orally pronounced at sentencing. See Rothery v. State, 757 So.2d 1256, 1258 (Fla. 5th DCA 2000) (<HOLDING>). Alternatively, the motion asks that if the
holding that the requirement that a defendant pay for drug testing is a special condition of probation which must be pronounced at sentencing recognizing that before a special condition of probation may be imposed there must be an oral pronouncement of the condition at sentencing holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls holding special conditions of probation must be imposed at sentencing and may not be imposed at resentencing holding that when there is a variation between the oral pronouncement of sentence and the written memorialization of the sentence the oral pronouncement controls