In Florida, ankle monitors are court-ordered electronic devices used as an alternative to jail during pretrial release, probation, or community control. A judge decides whether to require one based on the charge, the person’s record, and the risk of flight or further offenses. The person wearing the device typically pays a daily fee, has to follow curfew and location rules, and faces a separate felony charge for tampering with or removing it.1Florida Senate. Florida Statutes 843.23 – Tampering With an Electronic Monitoring Device
When Florida Courts Order Ankle Monitors
Judges have broad discretion. The main factors are the severity of the charge, the defendant’s criminal history, ties to the community, and whether the person is likely to flee or endanger others. Electronic monitoring shows up in two main contexts: as a condition of pretrial release before the case is resolved, and as part of probation or community control after sentencing.
Community control is Florida’s version of house arrest, and the statute explicitly lists electronic monitoring as a standard supervision tool. People on community control can be confined to an approved residence outside work and public-service hours, with the device verifying compliance.2Online Sunshine. Florida Statutes 948.101 – Terms and Conditions of Community Control
Ankle monitors are common in domestic violence cases, where real-time location data helps enforce no-contact orders. Courts also use them in DUI cases to enforce curfews or alcohol-abstinence conditions. For pretrial release, Florida law specifically directs courts to consider electronic monitoring when the charged crime was committed at a school or against a student.3Online Sunshine. Florida Statutes 907.041 – Pretrial Detention and Release
When Monitoring Is Mandatory
For most offenses, electronic monitoring is a choice the judge makes. Sex offenses are the main exception. Florida law requires mandatory electronic monitoring for three categories of people on probation or community control:
- Anyone 18 or older placed on supervision for a sexual offense involving a victim 15 or younger.
- Anyone classified as a sexual predator under Florida law.
- Anyone with a prior conviction for a qualifying sexual offense involving a victim 15 or younger.
If a person fits one of these categories, the judge has no discretion and must order monitoring.4Online Sunshine. Florida Statutes 948.30 – Additional Conditions for Sex Offenders on Probation or Community Control For probationers and community controllees with current or prior violent or sexual offense convictions, the Department of Corrections is required to use active GPS, which identifies the person’s location in real time and flags entry into prohibited areas or exits from approved boundaries.5Florida Senate. Florida Statutes 948.11 – Electronic Monitoring Devices
What the Device Actually Does
Not every ankle monitor works the same way. Radio frequency devices pair with a base unit in the person’s home and log entries and exits, which makes them useful for curfew enforcement but not for tracking location outside the home. GPS devices track movement throughout the day. Active GPS transmits in near real time and sends immediate alerts; passive GPS records data and uploads at set intervals, with notifications typically arriving the next day.5Florida Senate. Florida Statutes 948.11 – Electronic Monitoring Devices
SCRAM (Secure Continuous Remote Alcohol Monitor) bracelets are ordered mainly in DUI cases. Rather than tracking location, they sample perspiration through the skin at regular intervals to detect alcohol consumption, providing continuous monitoring rather than random checks.
Rules You Have to Follow While Wearing One
Specific conditions depend on the court order, but several apply almost universally. You must keep the device charged and functional at all times. A dead battery or malfunction can trigger a noncompliance report, and the Department of Corrections investigates those around the clock.5Florida Senate. Florida Statutes 948.11 – Electronic Monitoring Devices
Most people on monitoring must stay within court-designated geographic boundaries. Those often include curfew hours, exclusion zones around a victim’s home or workplace, and limits on how far you can travel from your residence. For community control, confinement to an approved residence during non-work hours is standard.2Online Sunshine. Florida Statutes 948.101 – Terms and Conditions of Community Control
Added conditions vary by offense. DUI defendants may be forbidden to drink, with compliance verified by a SCRAM device. Sex offenders face restrictions on being near schools, parks, and other places where children gather. Regular check-ins with a probation officer are standard across offense types.
What It Costs and When Fees Can Be Waived
Florida law puts the cost of electronic monitoring on the person wearing the device. You pay a daily monitoring fee on top of the standard monthly supervision cost. The statute caps the monitoring fee at the full cost of the service but does not set a fixed dollar amount, so what you pay depends on the device and the contract the county or Department of Corrections holds with its vendor.6Florida Senate. Florida Statutes 948.09 – Payment for Cost of Supervision and Other Monetary Obligations
Over months of supervision, the combined cost of monitoring plus standard supervision fees can become a serious burden, especially when employment options are already limited.
The Department of Corrections can exempt someone from paying all or part of the monitoring cost when specific hardship factors apply:
- Genuine efforts to find or keep work have not produced enough income to cover the fees.
- The person is enrolled in school or career training aimed at employment.
- A physical, psychological, or psychiatric condition limits the ability to work.
- Age prevents the person from obtaining employment.
- The person supports dependents and paying the fees would cause undue hardship.
Claiming hardship does not produce an automatic exemption. The department evaluates each factor and decides whether to reduce or waive the fees. Failing to pay without an approved exemption can be grounds for revoking supervision.6Florida Senate. Florida Statutes 948.09 – Payment for Cost of Supervision and Other Monetary Obligations
Penalties for Tampering or Removal
Tampering with an electronic monitoring device is a separate criminal offense in Florida, charged under its own statute. The law covers removing, destroying, or damaging the device and any deliberate attempt to circumvent its operation. It also applies to anyone who asks or helps someone else tamper with a monitor.1Florida Senate. Florida Statutes 843.23 – Tampering With an Electronic Monitoring Device
Penalties scale with the underlying charge:
- Third-degree felony, punishable by up to 5 years in prison, when the underlying offense is a misdemeanor or third-degree felony.7Online Sunshine. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures
- Second-degree felony, up to 15 years in prison, when the underlying offense is a second-degree felony.
- First-degree felony, up to 30 years in prison, when the underlying offense is a first-degree felony, life felony, or capital felony.
Anyone under 18 is charged with a third-degree felony regardless of the underlying offense. If the person tampers while on pretrial release, the court must revoke that release; the defendant goes back to jail, and only afterward can the court consider setting a new bond with added conditions.1Florida Senate. Florida Statutes 843.23 – Tampering With an Electronic Monitoring Device
The tampering charge is separate from any probation violation. You can face both the new felony and revocation of your existing supervision at the same time, and the penalties stack.
What Happens If You Break the Other Rules
Even without touching the device, violating a condition of your monitoring can trigger serious consequences. Missing a curfew, entering an exclusion zone, leaving your approved area, or letting the battery die can all be treated as a violation of probation or community control.
When a probation officer or law enforcement officer has reasonable grounds to believe a violation occurred, you can be arrested without a warrant and brought before the sentencing court. The judge then decides whether to revoke, modify, or continue your supervision. If the court revokes probation or community control, it can impose any sentence it could originally have handed down at sentencing, up to the maximum for your offense.8Florida Senate. Florida Statutes 948.06 – Violation of Probation or Community Control
That last point catches people off guard. If you were originally looking at up to five years in prison and received probation with monitoring instead, a violation puts you back in front of the same judge, who now has the option of imposing those five years. The original sentence was a break; a violation gives the court authority to take it back.
Asking the Court to Change Your Conditions
If a work schedule changes, or if the current restrictions make it impossible to hold a job, you can ask the court to modify your conditions. Courts can adjust curfew hours, expand geographic boundaries for work, or change reporting schedules. Getting a modification approved before you need it is always better than explaining a violation after the fact.