Category: Bail & Bond · Statute: F.S. 903.047 · Source: Florida Legislature
Understanding GPS Monitoring as Bond Condition in Florida
Under Florida Statute Section 903.047, a judge has the authority to impose nonmonetary conditions of release reasonably necessary to protect the community from risk of physical harm. One of the most restrictive conditions is active Global Positioning System (GPS) electronic monitoring. When ordered, the defendant is fitted with a tamper-resistant ankle transmitter that constantly broadcasts their real-time location to a monitoring agency. This condition is most frequently applied in Florida domestic violence cases, stalking allegations, sex offenses, and cases where the court identifies a significant risk of flight or non-appearance.
The implementation of GPS monitoring creates strict geographic boundaries, known as inclusion and exclusion zones. For example, in domestic violence cases, the court will program the victim’s home, workplace, and school as exclusion zones. If the defendant enters these prohibited areas, or if the device loses power or signal, an immediate alert is sent to local law enforcement and the pretrial services program. In Florida, the defendant is typically responsible for the daily cost of this equipment, which generally ranges from $5 to $15 per day, making it both a logistical and financial burden during the pretrial phase.
Impact on Pretrial Release and Bail Bonds
In Florida, GPS monitoring is often used as an alternative to high cash bail or preventative detention, allowing defendants who might otherwise remain jailed to secure their release. However, a bail bondsman cannot write a bond until the GPS equipment is actively fitted by the county's pretrial services or an approved private provider. If a defendant violates a GPS boundary or fails to pay the daily monitoring fees, the court can immediately revoke the bond, issue a capias for arrest, and return the defendant to custody without the possibility of a new release.
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