HB 0943

1	A bill to be entitled
2	An act relating to electronic monitoring services;
3	amending s. 648.387, F.S.; authorizing bail bond agents to
4	provide electronic monitoring of pretrial releasees;
5	authorizing bail bond agents to contract with government
6	entities to provide electronic monitoring services;
7	authorizing such agents to assess and collect a fee for
8	electronic monitoring services; providing that failure to
9	make timely payment of fees constitutes grounds to remand;
10	providing that the assessment and collection of such fee
11	is exempt from regulation by the Department of Financial
12	Services; creating s. 903.0472, F.S.; authorizing pretrial
13	release subject to electronic monitoring; authorizing a
14	fee for such services; providing that failure to make
15	timely payment of electronic monitoring fees constitutes a
16	violation of pretrial release conditions; providing that a
17	violation of pretrial release conditions constitutes
18	grounds to remand; requiring reporting of violations of
19	pretrial release conditions; providing that it is a third
20	degree felony for certain persons to alter, tamper with,
21	damage, or destroy electronic monitoring equipment;
22	providing criminal penalties; providing applicability;
23	providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (6) is added to section 648.387,
28	Florida Statutes, to read:
29	648.387  Primary bail bond agents; duties.--
30	(6)  A bail bond agent may provide electronic monitoring of
31	any person who is released by the court in accordance with
32	chapter 903, subject to conditions requiring electronic
33	monitoring. A bail bond agent may contract with government
34	entities to provide electronic monitoring services as a
35	condition of bail or bond, independent of bail or bond, or under
36	other conditions deemed appropriate by a court or sheriff. Bail
37	bond agents are authorized to assess and collect a reasonable,
38	nonrefundable fee for electronic monitoring services from the
39	person who is subject to electronic monitoring. Failure to make
40	timely payment of such fees constitutes grounds for the agent to
41	remand such person to the court or sheriff. Assessment and
42	collection of the fee shall be exempt from the provisions of s.
43	648.26.
44	Section 2.  Section 903.0472, Florida Statutes, is created
45	to read:
46	903.0472  Electronic monitoring.--
47	(1)  The court may order the defendant to be released from
48	custody subject to conditions of electronic monitoring, if such
49	services are provided in its jurisdiction. The court may order
50	the defendant to pay a reasonable fee for such services as a
51	condition of pretrial release. The failure of the defendant to
52	make timely payment of such fees constitutes a violation of
53	pretrial release and grounds for the defendant to be remanded to
54	the court or appropriate sheriff.
55	(2)  Any entity that provides electronic monitoring
56	services shall report forthwith any known violation of the
57	defendant's pretrial release conditions to the appropriate
58	court, sheriff, state attorney, and bail agent, if any.
59	(3)  A defendant who has been released in accordance with
60	the provisions of this section shall not alter, tamper with,
61	damage, or destroy any electronic monitoring equipment. A person
62	who violates this subsection commits a felony of the third
63	degree, punishable as provided in s. 775.082, s. 775.083, or
64	775.084.
65	(4)  Nothing in this section shall be construed to limit
66	any other provision of this chapter.
67	Section 3.  This act shall take effect October 1, 2004, and
68	shall apply to offenses committed on or after that date.

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