Jeffrey Ayr and William Dubois v. Mitchell Chance

We have for review Lee v. State, 490 So.2d 80 (Fla. 1st DCA 1986) which the First District Court has certified as being in direct conflict with the Fourth District Courts decision in Fortini v. State, 472 So.2d 1383 (Fla. 4th DCA 1985), review denied, 484 So.2d 10 (Fla. 1986), on the question of whether: