SENATE AMENDMENT
    Bill No. SB 2426
    Amendment No. ___   Barcode 460360
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 12:16 PM         .                    
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11  Senator Crist moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, lines 4-17, delete those lines
15  
16  and insert:  
17         (6)(a)1.  A bail bond agent may contract with a vendor
18  of the bail bond agent's choice from among those vendors who
19  register with the clerk of the court to provide electronic
20  monitoring of any person who is released by the court in
21  accordance with chapter 903, subject to court-ordered
22  conditions requiring electronic monitoring.
23         2.  A vendor who provides electronic monitoring
24  services shall register with the clerk of the court in each
25  judicial circuit in which the vendor intends to provide such
26  services. At a minimum, the vendor shall provide the clerk
27  with the name of the vendor, the name of an individual
28  employed by the vendor who is to serve as a contact person for
29  the vendor, the address of the vendor, and the telephone
30  number of the contract person. Each clerk of the court may
31  establish an appropriate fee for registration, not to exceed
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    3:36 PM   04/24/04                                s2426c-12c2v

SENATE AMENDMENT Bill No. SB 2426 Amendment No. ___ Barcode 460360 1 $25. 2 (b) A bail bond agent may contract with government 3 entities to provide electronic monitoring services as a 4 condition of bail or bond, independent of bail or bond, or 5 under conditions ordered by the court. 6 (c) Bail bond agents are authorized to assess and 7 collect a reasonable, nonrefundable fee for electronic 8 monitoring services from the person who is subject to 9 electronic monitoring. Failure to make timely payment of such 10 fees constitutes grounds for the agent to remand such person 11 to the court or sheriff. Fees associated with required 12 electronic monitoring services are not considered part of the 13 premium for bail bond and shall be exempt from the provisions 14 of s. 648.26. 15 (d)1. The contracted vendor providing the electronic 16 monitoring services shall furnish a transmitter that meets 17 certification standards approved by the Federal Communications 18 Commission unless otherwise specified by state law. For 19 purposes of providing electronic monitoring in accordance with 20 this section and s. 903.0472, each transmitter shall perform 21 according to the following specifications: 22 a. Operate within a signal range of no less than 65 23 feet but no greater than 150 feet under normal household 24 conditions. 25 b. Emit a signal at least once every 30 seconds. 26 c. Possess signal content that identifies the offender 27 and the offender's location. 28 d. Possess an internal power source that provides a 29 minimum of 1 year of normal operation without need for 30 recharging or replacing the power source, as well as signal 31 content that indicates the power status of the transmitter and 2 3:36 PM 04/24/04 s2426c-12c2v
SENATE AMENDMENT Bill No. SB 2426 Amendment No. ___ Barcode 460360 1 provides the vendor with notification of whether the power 2 source needs to be recharged or replaced. 3 e. Possess signal content that indicates whether the 4 transmitter has been subjected to tampering or removal. 5 f. Possess encrypted signal content or another feature 6 designed to discourage duplication. 7 g. Be of a design that is shock resistant, water and 8 moisture proof, and capable of reliable function under normal 9 atmospheric and environmental conditions. 10 h. Be capable of wear and use in a manner that does 11 not pose a safety hazard or unduly restrict the activities of 12 the defendant. 13 14 In addition, the transmitter must be capable of being attached 15 to the defendant in a manner that readily reveals any efforts 16 to tamper with or remove the transmitter upon visual 17 inspection. Straps or other mechanisms for attaching the 18 transmitter to the defendant must be either capable of being 19 adjusted to fit a defendant of any size or made available in a 20 variety of sizes. 21 2. The contracted vendor providing the electronic 22 monitoring services shall furnish the bail bondsman with a 23 monitoring unit that meets certification standards approved by 24 the Federal Communications Commission unless otherwise 25 specified by state law. The monitoring unit must be capable of 26 receiving radio-frequency signals from the transmitter worn by 27 the defendant and described in subparagraph 1. The monitoring 28 unit must transmit data concerning the defendant's monitoring 29 status to a central monitoring system facility. The monitoring 30 unit must include an internal memory capable of storing data 31 in the event that communication with the central monitoring 3 3:36 PM 04/24/04 s2426c-12c2v
SENATE AMENDMENT Bill No. SB 2426 Amendment No. ___ Barcode 460360 1 system facility is disrupted or in the event of a power 2 failure. The monitoring unit must be capable of transmitting 3 data that is stored by the unit in the event that 4 communication with the central monitoring system facility is 5 disrupted as soon as communication is restored. The monitoring 6 unit must not pose any safety hazard to the defendant or 7 others and must be capable of reliable function under normal 8 environmental and atmospheric conditions. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, lines 4-15, delete those lines 14 15 and insert: 16 requiring vendors that provide electronic 17 monitoring services to register certain 18 information with the clerk of the court; 19 authorizing bail bond agents to contract with 20 registered vendors to provide electronic 21 monitoring of pretrial releasees in certain 22 circumstances; authorizing bail bond agents to 23 contract with government entities to provide 24 electronic monitoring services in certain 25 circumstances; authorizing such agents to 26 assess and collect a fee for electronic 27 monitoring services; providing that failure to 28 make timely payment of fees constitutes grounds 29 to remand; providing that such fees are exempt 30 from regulation by the Department of Financial 31 Services; providing specifications for 4 3:36 PM 04/24/04 s2426c-12c2v
SENATE AMENDMENT Bill No. SB 2426 Amendment No. ___ Barcode 460360 1 electronic monitoring equipment; creating s. 2 903.0472, F.S.; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 3:36 PM 04/24/04 s2426c-12c2v