SENATE AMENDMENT
Bill No. SB 2426
Amendment No. ___ Barcode 460360
CHAMBER ACTION
Senate House
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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
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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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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
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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.
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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
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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.
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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
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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
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SENATE AMENDMENT
Bill No. SB 2426
Amendment No. ___ Barcode 460360
1 electronic monitoring equipment; creating s.
2 903.0472, F.S.;
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