No. 1D2022-3499 (Fla. 1st DCA Oct. 2, 2024)
A revocation for a 49-minute “bracelet gone” alarm is affirmed without opinion, where the probationer admitted ignoring the carrying rules.
Good law. Affirmed without opinion. A per curiam affirmance sets no precedent; the only reasoning is one judge’s concurrence. Binds lower courts in its district or state until the state high court says otherwise.
A Bay County man on sex-offender probation, on his second violation, put his RTC tracking unit in his pocket instead of its required carrying case, lost it at a store and went to lunch, producing a “bracelet gone” alarm of about 49 minutes. Earlier alarms had occurred, and he conceded he had read the requirements but did not comply. The officer testified to a three-minute grace period and up to eight minutes of contact attempts by the contractor before the officer is notified.
The court affirmed without opinion. Judge B.L. Thomas, concurring, concluded the trial court did not abuse its discretion in finding the violation willful: “he just made a unilateral decision that it was inconvenient.”
Read with King, it shows that what decides these cases is evidence of intent — a known rule, an admitted choice, prior alarms — not the separation alone. The concurrence is also the most specific public description of the grace period applied to Florida’s two-piece equipment.
It is not precedent and does not hold that every receiver separation justifies arrest or revocation. The grace-period description is testimony in one case, not a published policy.
First District affirms per curiam; B.L. Thomas, J., concurs with opinion.
Last verified against the sources above on October 22, 2026.
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