268 So. 3d 936 (Fla. 1st DCA 2019)
Walking away from a GPS tracking unit for about five minutes, with no evidence of intent, is not a willful and substantial probation violation.
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 man on sex-offender probation in Alachua County, living in a homeless shelter, left his monitoring device on its charger in the shelter’s welcome center and walked into the cafeteria. He was away from it for about five minutes and explained what happened when the monitoring company called. The trial court found he willfully violated the monitoring condition, as well as conditions on treatment and monitoring fees, and revoked and reinstated his probation on modified terms.
The First District reversed. “Evidence that a probationer walked away from a monitoring device for a brief period of time is not competent, substantial evidence of a substantial and willful violation,” and the State offered no evidence he intentionally violated the monitoring rules. It also reversed the treatment and $4.50-a-day monitoring-fee findings because the State never showed he was able to pay.
It is the clearest published Florida holding on a short separation from the separate tracking unit used in two-piece GPS monitoring, and it comes from the district whose decisions control in Leon County and the rest of the First District.
It did not define how long a separation may last, or address a pattern of repeated separations or a known rule deliberately ignored. It decided whether a violation was proved, not whether an officer may arrest on the alert.
First District reverses the revocation order.
Last verified against the sources above on October 22, 2026.
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