Faison v. State
The First DCA reversed a probation revocation where the trial court found Faison willfully failed to complete a court-ordered mental health evaluation. The majority held there was no competent, substantial evidence of willfulness because the probation officer's own testimony confirmed Faison repeatedly cited his inability to pay the $50 copay, and the record contradicted the trial court's finding that he only raised indigency after being threatened with violation. Judge Kelsey dissented, arguing the trial court's credibility determination and the tipsy coachman rule supported affirmance.
Key facts
- Faison was on probation and ordered to complete a court-ordered mental health evaluation with a $50 copay requirement.
- Faison failed to complete the evaluation, citing inability to pay the copay; the trial court found him in willful violation of probation.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners litigating VOP cases involving conditions with incidental costs (e.g., evaluations, classes, copays), extending the ability-to-pay/willfulness framework from purely monetary… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.