IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
PAUL MICHAEL WATKINS, Case No: 0602007CFAES
ORDER AND OPINION
On June 11, 1992, Defendant, plead no contest to a lewd and lascivious sexual offense (he was 18 at the time of the offense) on a child less then sixteen years of age. Defendant was required to register as a sexual offender. On November 3, 2005, defendant was charged with driving under the influence and he plead no contest. He was adjudicated guilty and placed on one year probation and ordered to pay fines and court costs. His license was suspended for six months and he was ordered to attend DUI school and complete 50 hours of community service.
Due to his sex offender status, the state requested the defendant be placed on a global positioning system pursuant to F.S. 948.30(3)©. The state argued “[t]he state’s position is it includes all periods of probation. . . . Anytime you are a registered sex offender and you’re put back on probation you’re required to get a GPS.” The state further argued; “. . . It says electronic monitoring when deemed necessary by community control and/or his or her supervisor as deemed necessary if he’s on probation. He’s going to be put on probation with this disposition.” The court replied “[w]ell, don’t we have it to be deemed necessary by his probation officer ….I don’t think this calls for it. . . .”
The trial judge denied the state’s request, and this appeal followed. This Court affirms the decision of the trial court.
The statute at issue here is Florida Statute 948.30, titled “Additional terms and conditions of probation or community control for certain sex offenses” and reads, in part;
Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section.
(3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who:
(a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older;
(b) Is designated a sexual predator pursuant to s. 775.21; or
(c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older,
the court must order, in addition
to any other provision of this section, mandatory electronic monitoring as a
condition of the probation or community control supervision.
948.30(3) is a criminal statute, and as such, must be strictly construed. Clement
v. State, 895 So.2d 446, 448 (
ORDERED and ADJUDGED that the ruling of the trial court be AFFIRMED.
DONE AND ORDERED in Chambers at New
Primary Appellate Judge
Daniel D. Diskey
Copies furnished to:
Honorable Robert Cole
Matthew J. Ryan, A.S.A.
Paul Michael Watkins, pro se