Simply as a matter of common understanding, there is no doubt that "merely forgetting to do an act does not equate with intentionally and willfully refusing to do it." ( Grumet v. State (Fla.Ct.App. 2000) 771 So.2d 39, 44 (conc. opn. of Farmer J.) [revocation of probation for failure to register as sex offender as required by Florida statute remanded for clarification of whether trial court determined that defendant did not forget requirement].) Indeed, the word "forget" is defined as "[t]o omit or neglect through inadvertence; . . . to cease or omit to think of, let slip out of the mind, leave out of sight, take no note of" (Oxford English Dictionary (2d ed. 1989)).
We agree with Appellant that he did not qualify as a sexual offender under section 943.0435 because he was on probation. See ยง 943.0435(1)(a)2., Fla. Stat. (2005) (defining a "sexual offender," as that term is used in section 943.0435, as a person who has been released on or after October 1, 1997, from the sanction imposed for an enumerated offense and providing that a sanction includes but is not limited to probation); see also Grumet v. State, 771 So.2d 39, 42 (Fla. 4th DCA 2000). However, Appellant did qualify as a sexual offender under section 944.607, Florida Statutes (2005).
While there may not be a defense for failure to reregister, the trial court was still obliged to find pursuant to section 943.0435 appellant's violation of the condition of probation that he not commit a new violation of law was a willful violation. As was the case in Grumet v. State, 771 So.2d 39 (Fla. 4th DCA 2000), we remand the cause back to the trial court for it to determine whether the violation was willful. REVERSED and REMANDED.
In Jackson, the court held that registration under the quoted provision was not required in that case because Jackson's driver's license had not been "renewed" when it was reinstated, after a payment of a traffic fine. We find Grumet v. State, 771 So.2d 39 (Fla. 4th DCA 2000), rev. denied, 790 So.2d 1103 (Fla. 2001) more on point. In that case, Grumet's probation was revoked for having failed to register under section 943.0435(4).