| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to electronic monitoring services; |
| 8 | amending s. 648.387, F.S.; authorizing the chief judge of |
| 9 | each judicial circuit to approve vendors of electronic |
| 10 | monitoring services; authorizing bail bond agents to |
| 11 | contract with approved vendors to provide electronic |
| 12 | monitoring of pretrial releasees in certain circumstances; |
| 13 | authorizing bail bond agents to contract with government |
| 14 | entities to provide electronic monitoring services in |
| 15 | certain circumstances; authorizing such agents to assess |
| 16 | and collect a fee for electronic monitoring services; |
| 17 | providing that failure to make timely payment of fees |
| 18 | constitutes grounds to remand; providing that such fees |
| 19 | are exempt from regulation by the Department of Financial |
| 20 | Services; creating s. 903.0472, F.S.; authorizing pretrial |
| 21 | release subject to electronic monitoring; authorizing a |
| 22 | fee for such services; providing that failure to make |
| 23 | timely payment of electronic monitoring fees constitutes a |
| 24 | violation of pretrial release conditions; providing that a |
| 25 | violation of pretrial release conditions constitutes |
| 26 | grounds to remand; requiring reporting of violations of |
| 27 | pretrial release conditions; providing that it is a third |
| 28 | degree felony for certain persons to alter, tamper with, |
| 29 | damage, or destroy electronic monitoring equipment; |
| 30 | providing criminal penalties; providing applicability; |
| 31 | providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Subsection (6) is added to section 648.387, |
| 36 | Florida Statutes, to read: |
| 37 | 648.387 Primary bail bond agents; duties.-- |
| 38 | (6) Vendors providing electronic monitoring services shall |
| 39 | be on an approved list by the chief judge of each judicial |
| 40 | circuit. A bail bond agent may contract with a vendor of the |
| 41 | bail bond agent's choice from the approved list to provide |
| 42 | electronic monitoring of any person who is released by the court |
| 43 | in accordance with chapter 903, subject to court-ordered |
| 44 | conditions requiring electronic monitoring. A bail bond agent |
| 45 | may contract with government entities to provide electronic |
| 46 | monitoring services as a condition of bail or bond, independent |
| 47 | of bail or bond, or under conditions ordered by the court. Bail |
| 48 | bond agents are authorized to assess and collect a reasonable, |
| 49 | nonrefundable fee for electronic monitoring services from the |
| 50 | person who is subject to electronic monitoring. Failure to make |
| 51 | timely payment of such fees constitutes grounds for the agent to |
| 52 | remand such person to the court or sheriff. Fees associated with |
| 53 | required electronic monitoring services are not considered part |
| 54 | of the premium for bail bond and shall be exempt from the |
| 55 | provisions of s. 648.26. |
| 56 | Section 2. Section 903.0472, Florida Statutes, is created |
| 57 | to read: |
| 58 | 903.0472 Electronic monitoring.-- |
| 59 | (1) The court may order the defendant to be released from |
| 60 | custody subject to conditions of electronic monitoring, if such |
| 61 | services are provided in its jurisdiction. The court may order |
| 62 | the defendant to pay a reasonable fee for such services as a |
| 63 | condition of pretrial release. The failure of the defendant to |
| 64 | make timely payment of such fees constitutes a violation of |
| 65 | pretrial release and grounds for the defendant to be remanded to |
| 66 | the court or appropriate sheriff. |
| 67 | (2) Any entity that provides electronic monitoring |
| 68 | services shall report forthwith any known violation of the |
| 69 | defendant's pretrial release conditions to the appropriate |
| 70 | court, sheriff, state attorney, and bail agent, if any. |
| 71 | (3) A defendant who has been released in accordance with |
| 72 | the provisions of this section shall not alter, tamper with, |
| 73 | damage, or destroy any electronic monitoring equipment. A person |
| 74 | who violates this subsection commits a felony of the third |
| 75 | degree, punishable as provided in s. 775.082, s. 775.083, or |
| 76 | 775.084. |
| 77 | (4) Nothing in this section shall be construed to limit |
| 78 | any other provision of this chapter. |
| 79 | Section 3. This act shall take effect October 1, 2004, and |
| 80 | shall apply to offenses committed on or after that date. |