SHAWN DONTRELL FOSTER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-09-10
No. 2024-1020
Borello, J., Makar, J., Lambert, J., Harris, J.
2026 FL 11891 Florida District Court of Appeal, Fifth District (2026)

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Holding

Sex offender probation conditions are mandatory under section 948.30 when a defendant is convicted of attempted sexual battery.


Headnotes

[1] Attempted sexual battery constitutes an offense under the battery statute, triggering mandatory sex offender probation conditions under Florida Statute section 948.30.

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Key Quotes

“because attempted sexual battery is an offense under the battery statute, the mandatory provisions in section 948.30 require conditions of sex offender probation”

Citation to State v. Fureman, 161 So. 3d 403, 408 (Fla. 5th DCA 2014)

Facts & Procedural History

Shawn Dontrell Foster was convicted of attempted sexual battery in Duval County. The trial court imposed sex offender probation conditions as part of …

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2024-1020 LT Case No. 2021-CF-010288-A

SHAWN DONTRELL FOSTER, Appellant,

v.

STATE OF FLORIDA, Appellee.

On appeal from the Circuit Court for Duval County. Mark Jeffrey Borello, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, and Miranda L. Butson, Assistant Attorney General, Tallahassee, for Appellee.

September 10, 2026

PER CURIAM.

AFFIRMED. See State v. Fureman, 161 So. 3d 403, 408 (Fla. 5th DCA 2014) (holding that “because attempted sexual battery is an offense under the battery statute, the mandatory provisions in section 948.30 require conditions of sex offender probation"); Donovan v. State, 821 So. 2d 1099, 1102 (Fla. 5th DCA 2002)

(noting that, in Thurman, “we adopted the reasoning that it was not improper for the trial court to subject a defendant to sex offender probation conditions when he pled no contest to an attempted lewd act upon a child"); State v. Thurman, 791 So. 2d 1228, 1230 (Fla. 5th DCA 2001) (holding that the imposition of sex offender probation conditions on defendant convicted of attempted sexual act is proper).

MAKAR, LAMBERT, and HARRIS, JJ., concur.


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