Private electronic-monitoring surcharges turn release into a purchase. Price the daily vendor fee against the client's actual means and move to waive or shift it to the county before non-payment becomes remand.
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Vendor contract allows removal / violation for non-payment
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Orange County, Florida · Circuit Court · Speedy trial: Fla. R. Crim. P. 3.191 · Release: Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046
[Florida — Inability-to-pay / Bearden ROR proffer] Your Honor, R.M. on case 2026-CF-004182. If the Court orders electronic monitoring, the vendor charges $0.00 per day — about $0 a month, and roughly $0 over the projected term of supervision. My client's monthly income is $0 and supports 0 people. This Court has already found R.M. indigent for purposes of counsel. Bearden v. Georgia forbids incarceration for non-payment absent a finding of willful refusal and consideration of alternatives. I'd ask the Court to waive the vendor surcharge, order county-subsidized monitoring, or in the alternative set the fee at zero and order that non-payment alone never be grounds for revocation. Your Honor, my client is indigent. Under Bearden v. Georgia, 461 U.S. 660 (1983), and Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046, the Court may not detain by setting a bond my client has no ability to post without first inquiring into that ability and considering alternatives. We ask the Court to make that inquiry on the record and grant release on personal recognizance, or on conditions no more restrictive than necessary to secure appearance and community safety, as required by Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046.