No. 2D20-3196 (Fla. 2d DCA Feb. 11, 2022)
Losing a GPS tracking unit is not a willful violation of probation without evidence of a deliberate act causing the loss.
Good law. Still followed. Later cases may have narrowed it — see Scope. Binds lower courts in its district or state until the state high court says otherwise.
A Lee County probationer, on probation after community control for failing to register, was found in violation for “losing his RTC GPS Unit,” which caused a “bracelet gone” alert, and was sentenced to 364 days in jail. The trial court noted that no testimony explained how the unit reached the place it was found.
A unanimous panel reversed: “the record contains no evidence that Douglas willfully acted in a manner to cause the loss of the GPS unit,” so the State did not prove a willful and substantial violation. It remanded for reinstatement of probation.
It applies to the two-piece RTC unit the rule that a violation caused by “negligence or ineptitude” is not willful, and it shows how much jail time can attach to an equipment violation before an appeal.
It is a holding on the sufficiency of one record. It does not say losing a unit can never be willful, and it distinguishes cases with repeated failures to carry or charge the device. It did not reach the sentencing issue.
“Bracelet gone” alert after the RTC unit is lost, per the trial court’s order.
Second District reverses and remands for reinstatement of probation.
Last verified against the sources above on October 22, 2026.
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