Senate Bill sb2426e1

CODING: Words stricken are deletions; words underlined are additions.




    SB 2426                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to electronic monitoring

  3         services; amending s. 648.387, F.S.; requiring

  4         vendors that provide electronic monitoring

  5         services to register certain information with

  6         the clerk of the court; authorizing bail bond

  7         agents to contract with registered vendors to

  8         provide electronic monitoring of pretrial

  9         releasees in certain circumstances; authorizing

10         bail bond agents to contract with government

11         entities to provide electronic monitoring

12         services in certain circumstances; authorizing

13         such agents to assess and collect a fee for

14         electronic monitoring services; providing that

15         failure to make timely payment of fees

16         constitutes grounds to remand; providing that

17         such fees are exempt from regulation by the

18         Department of Financial Services; providing

19         specifications for electronic monitoring

20         equipment; creating s. 903.0472, F.S.;

21         authorizing pretrial release subject to

22         electronic monitoring; authorizing a fee for

23         such services; providing that failure to make

24         timely payment of electronic monitoring fees

25         constitutes a violation of pretrial release

26         conditions; providing that a violation of

27         pretrial release conditions constitutes grounds

28         to remand; requiring reporting of violations of

29         pretrial release conditions; providing that it

30         is a third-degree felony for certain persons to

31         alter, tamper with, damage, or destroy


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 2426                                        First Engrossed



 1         electronic monitoring equipment; providing

 2         criminal penalties; providing applicability;

 3         amending s. 948.09, F.S.; authorizing the

 4         department to contract for collection of

 5         electronic monitoring fees; providing an

 6         effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Subsection (6) is added to section 648.387,

11  Florida Statutes, to read:

12         648.387  Primary bail bond agents; duties.--

13         (6)(a)1.  A bail bond agent may contract with a vendor

14  of the bail bond agent's choice from among those vendors who

15  register with the clerk of the court to provide electronic

16  monitoring of any person who is released by the court in

17  accordance with chapter 903, subject to court-ordered

18  conditions requiring electronic monitoring.

19         2.  A vendor who provides electronic monitoring

20  services shall register with the clerk of the court in each

21  judicial circuit in which the vendor intends to provide such

22  services. At a minimum, the vendor shall provide the clerk

23  with the name of the vendor, the name of an individual

24  employed by the vendor who is to serve as a contact person for

25  the vendor, the address of the vendor, and the telephone

26  number of the contract person. Each clerk of the court may

27  establish an appropriate fee for registration, not to exceed

28  $25.

29         (b)  A bail bond agent may contract with government

30  entities to provide electronic monitoring services as a

31  


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 2426                                        First Engrossed



 1  condition of bail or bond, independent of bail or bond, or

 2  under conditions ordered by the court.

 3         (c)  Bail bond agents are authorized to assess and

 4  collect a reasonable, nonrefundable fee for electronic

 5  monitoring services from the person who is subject to

 6  electronic monitoring. Failure to make timely payment of such

 7  fees constitutes grounds for the agent to remand such person

 8  to the court or sheriff. Fees associated with required

 9  electronic monitoring services are not considered part of the

10  premium for bail bond and shall be exempt from the provisions

11  of s. 648.26.

12         (d)1.  The contracted vendor providing the electronic

13  monitoring services shall furnish a transmitter that meets

14  certification standards approved by the Federal Communications

15  Commission unless otherwise specified by state law. For

16  purposes of providing electronic monitoring in accordance with

17  this section and s. 903.0472, each transmitter shall perform

18  according to the following specifications:

19         a.  Operate within a signal range of no less than 65

20  feet but no greater than 150 feet under normal household

21  conditions.

22         b.  Emit a signal at least once every 30 seconds.

23         c.  Possess signal content that identifies the offender

24  and the offender's location.

25         d.  Possess an internal power source that provides a

26  minimum of 1 year of normal operation without need for

27  recharging or replacing the power source, as well as signal

28  content that indicates the power status of the transmitter and

29  provides the vendor with notification of whether the power

30  source needs to be recharged or replaced.

31  


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 2426                                        First Engrossed



 1         e.  Possess signal content that indicates whether the

 2  transmitter has been subjected to tampering or removal.

 3         f.  Possess encrypted signal content or another feature

 4  designed to discourage duplication.

 5         g.  Be of a design that is shock resistant, water and

 6  moisture proof, and capable of reliable function under normal

 7  atmospheric and environmental conditions.

 8         h.  Be capable of wear and use in a manner that does

 9  not pose a safety hazard or unduly restrict the activities of

10  the defendant.

11  

12  In addition, the transmitter must be capable of being attached

13  to the defendant in a manner that readily reveals any efforts

14  to tamper with or remove the transmitter upon visual

15  inspection. Straps or other mechanisms for attaching the

16  transmitter to the defendant must be either capable of being

17  adjusted to fit a defendant of any size or made available in a

18  variety of sizes.

19         2.  The contracted vendor providing the electronic

20  monitoring services shall furnish the bail bondsman with a

21  monitoring unit that meets certification standards approved by

22  the Federal Communications Commission unless otherwise

23  specified by state law. The monitoring unit must be capable of

24  receiving radio-frequency signals from the transmitter worn by

25  the defendant and described in subparagraph 1. The monitoring

26  unit must transmit data concerning the defendant's monitoring

27  status to a central monitoring system facility. The monitoring

28  unit must include an internal memory capable of storing data

29  in the event that communication with the central monitoring

30  system facility is disrupted or in the event of a power

31  failure. The monitoring unit must be capable of transmitting


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    SB 2426                                        First Engrossed



 1  data that is stored by the unit in the event that

 2  communication with the central monitoring system facility is

 3  disrupted as soon as communication is restored. The monitoring

 4  unit must not pose any safety hazard to the defendant or

 5  others and must be capable of reliable function under normal

 6  environmental and atmospheric conditions.

 7         Section 2.  Section 903.0472, Florida Statutes, is

 8  created to read:

 9         903.0472  Electronic monitoring.--

10         (1)  The court may order the defendant to be released

11  from custody subject to conditions of electronic monitoring,

12  if such services are provided in its jurisdiction. The court

13  may order the defendant to pay a reasonable fee for such

14  services as a condition of pretrial release. The failure of

15  the defendant to make timely payment of such fees constitutes

16  a violation of pretrial release and grounds for the defendant

17  to be remanded to the court or appropriate sheriff.

18         (2)  Any entity that provides electronic monitoring

19  services shall report forthwith any known violation of the

20  defendant's pretrial release conditions to the appropriate

21  court, sheriff, state attorney, and bail agent, if any.

22         (3)  A defendant who has been released in accordance

23  with the provisions of this section shall not alter, tamper

24  with, damage, or destroy any electronic monitoring equipment.

25  A person who violates this subsection commits a felony of the

26  third degree, punishable as provided in s. 775.082, s.

27  775.083, or 775.084.

28         (4)  Nothing in this section shall be construed to

29  limit any other provision of this chapter.

30         Section 3.  Subsection (2) of section 948.09, Florida

31  Statutes, is amended to read:


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    SB 2426                                        First Engrossed



 1         948.09  Payment for cost of supervision and

 2  rehabilitation.--

 3         (2)  Any person being electronically monitored by the

 4  department as a result of placement on community control shall

 5  be required to pay as a surcharge an amount that may not

 6  exceed the full cost of the monitoring service in addition to

 7  the cost of supervision fee as directed by the sentencing

 8  court. The department is authorized to contract with a private

 9  entity to provide services necessary to implement or

10  facilitate the collection of this surcharge and to allow for

11  payment of a reasonable fee for costs of collection from the

12  proceeds. The surcharge, less the reasonable fee for costs of

13  collection, shall be deposited in the Operating Trust Fund to

14  be used by the department for purchasing and maintaining

15  electronic monitoring devices.

16         Section 4.  This act shall take effect October 1, 2004,

17  and shall apply to offenses committed on or after that date.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.