Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Wise) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause,
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17 and insert:
18 Section 1. Subsection (6) is added to section 648.387,
19 Florida Statutes, to read:
20 648.387 Primary bail bond agents; duties.--
21 (6)(a) A bail bond agent may be a vendor of electronic
22 monitoring services. A bail bond agent may also contract with
23 a vendor of the bail bond agent's choice from among those
24 vendors approved under s. 907.07 for monitoring of a defendant
25 for whom the agent has provided a criminal surety bail bond. A
26 bail bond agent may additionally contract with government
27 entities to provide electronic monitoring services when
28 monitoring has been ordered by a court.
29 (b) A bail bond agent may charge a reasonable,
30 nonrefundable fee for electronic monitoring services from the
31 person who is subject to electronic monitoring. Failure to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 make timely payment of such fees constitutes grounds for the
2 agent to remand such person to the court or sheriff. Fees
3 charged by a bail bond agent associated with required
4 electronic monitoring services are not considered part of the
5 premium for bail bond and shall be exempt from the provisions
6 of s. 648.33.
7 Section 2. Section 903.135, Florida Statutes, is
8 created to read:
9 903.135 Probation appearance bond.--As a condition of
10 any probation, community control, or any other court-ordered
11 community supervision authorized pursuant to chapter 948, the
12 court may order the posting of a bond to secure the appearance
13 of the defendant at any subsequent court proceeding. Such bond
14 may include as a condition thereof that the defendant be
15 placed on an electronic monitoring device, in a like manner
16 and under like conditions as in s. 907.06. The appearance bond
17 shall be filed by a bail agent with the sheriff who shall
18 provide a copy to the clerk of the court. Upon 72 hours notice
19 by the Clerk of Court, the bail agent shall produce the person
20 on probation, community control, or other court-ordered
21 community supervision to the court. The bail agent shall
22 surrender to the sheriff a person on probation, community
23 control or court-ordered community supervision upon notice by
24 the probation officer that the person has violated the terms
25 of probation, community control, or court-ordered community
26 supervision. If the bail agent fails to produce the defendant
27 in the court at the time noticed by the court or the clerk of
28 court, the bond shall be estreated and forfeited according to
29 the procedures set forth in this chapter. Failure to appear
30 shall be the sole grounds for forfeiture and estreature of the
31 appearance bond. Where not inconsistent with this subsection,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 this chapter and chapter 648 shall regulate the relationship
2 between the bail agent and probationer.
3 Section 3. Section 907.06, Florida Statutes, is
4 created to read:
5 907.06 Electronic monitoring.--
6 (1) As a condition of pretrial release, and whether or
7 not the court requires bail as a condition of pretrial
8 release, the court may order a defendant charged with a
9 violent or sex related offense, or who has previously been
10 convicted of a violent or sex related offense, to be subject
11 to electronic monitoring, if electronic monitoring is
12 available in the jurisdiction. This section also applies to
13 persons subject to electronic monitoring pursuant to s.
14 903.135.
15 (2) A defendant required to submit to electronic
16 monitoring shall pay a reasonable fee for equipment use and
17 monitoring as an additional condition of pretrial release. The
18 failure of the defendant to make timely payment of such fees
19 constitutes a violation of pretrial release and grounds for
20 the defendant to be remanded to the court or appropriate
21 sheriff.
22 (3) The court ordering electronic monitoring shall
23 appoint a person to continuously receive and monitor the
24 radio-frequency signals from the transmitter worn by the
25 defendant so as to be capable of identifying the defendant's
26 geographic position at any time, subject to the limitations
27 related to the technology and to circumstances of force
28 majeuere. The appointed person may be a government entity, or
29 may be a vendor as provided in s. 907.07 a bail bond agent may
30 provide both bail bond services and electronic monitoring
31 services.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 (4) Any person who provides electronic monitoring
2 services shall report forthwith any known violation of the
3 defendant's pretrial release conditions to the appropriate
4 court, sheriff, state attorney, and bail agent, if any.
5 (5) A defendant who has been released in accordance
6 with the provisions of this section shall not alter, tamper
7 with, damage, or destroy any electronic monitoring equipment.
8 A defendant who is notified of a malfunction in the equipment
9 shall immediately cooperate with the vendor in restoring the
10 equipment to proper functioning. A violation of this
11 subsection constitutes a violation of pretrial release and
12 grounds for the defendant to be remanded to the court or
13 appropriate sheriff.
14 Section 4. Section 907.07, Florida Statutes, is
15 created to read:
16 907.07 Approved vendors for provision of electronic
17 monitoring services; approved equipment.--
18 (1) This section does not apply to electronic
19 monitoring provided by the state, a county or a sheriff.
20 (2) The chief judge of each circuit shall develop and
21 maintain a list of all vendors who are authorized to provide
22 electronic monitoring services for courts in the circuit. The
23 chief judge shall place any person who is eligible as a
24 vendor, and who agrees to comply with the terms of this
25 section, onto the list of approved vendors.
26 (3) The following persons are eligible for inclusion
27 on the list of approved vendors:
28 (a) A bail bond agency holding an active and current
29 license pursuant to ch. 648.
30 (b) A private investigative agency holding a current
31 and active license pursuant to ch. 493.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 (c) A person approved by the chief judge in his or her
2 discretion, who is known to the chief judge as a person who is
3 reliable, trustworthy, and has never been convicted of a
4 felony or crime or moral turpitude.
5 (4) A vendor must agree to abide by the following
6 minimum terms before inclusion on the list of approved
7 vendors:
8 (a) The vendor shall provide the clerk with the name
9 of the vendor, the name of an individual employed by the
10 vendor who is to serve as a contact person for the vendor, the
11 address of the vendor, and the telephone number of the contact
12 person.
13 (b) The vendor must initially certify, and must
14 certify at least annually thereafter on a date set by the
15 chief judge, that all of the vendor's electronic monitoring
16 devices comply with the requirements for privately owned
17 electronic monitoring devices in s. 907.08.
18 (5) A vendor shall promptly notify the chief judge of
19 any changes in the vendor's address, ownership, or
20 qualification to be a vendor.
21 (6) The chief judge, in his discretion, may remove any
22 vendor from the list of approved vendors should the vendor:
23 (a) Fail to comply with the registration requirements
24 of this section.
25 (b) Fail to properly monitor any person that the
26 vendor was required to monitor.
27 (c) Charge a defendant a clearly excessive fee for use
28 and monitoring of electronic monitoring equipment.
29 Section 5. Section 907.08, Florida Statutes, is
30 created to read:
31 907.08 Standards for privately owned electronic
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 monitoring devices.--A privately owned electronic monitoring
2 device provided by a vendor must, at a minimum, meet the
3 standards set forth in this section. A device must:
4 (1) Be a transmitter unit that meets certification
5 standards approved by the Federal Communications Commission.
6 (2) At the court's discretion, either:
7 (a) Emit signal content 24 hours per day, which signal
8 identifies the specific device being worn by the defendant and
9 the defendant's physical location using global positioning
10 system (GPS) technology accurate to within 3 meters.
11 (b) Receive signal content 24 hours per day,
12 determining the defendant's physical location using global
13 positioning system (GPS) technology accurate to within 3
14 meters, recording the defendant's physical locations
15 throughout the day, and capable of transmitting that record of
16 locations to the vendor at least daily.
17 (3) A unit affixed to the defendant must possess an
18 internal power source that provides a minimum of 1 year of
19 normal operation without need for recharging or replacing the
20 power source. The device must emit signal content that
21 indicates the power status of the transmitter and provides the
22 vendor with notification of whether the power source needs to
23 be recharged or replaced.
24 (4) Possess and emit signal content that indicates
25 whether the transmitter has been subjected to tampering or
26 removal.
27 (5) Possess encrypted signal content or another
28 feature designed to discourage duplication.
29 (6) Be of a design that is shock resistant, water and
30 moisture proof, and capable of reliable function under normal
31 atmospheric and environmental conditions.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 (7) Be capable of wear and use in a manner that does
2 not pose a safety hazard or unduly restrict the activities of
3 the defendant.
4 (8) Be capable of being attached to the defendant in a
5 manner that readily reveals any efforts to tamper with or
6 remove the transmitter upon visual inspection.
7 (9) Utilize straps or other mechanisms for attaching
8 the transmitter to the defendant that are either capable of
9 being adjusted to fit a defendant of any size or made
10 available in a variety of sizes.
11 Section 6. Section 907.09, Florida Statutes, is
12 created to read:
13 907.09 Offenses related to electronic monitoring
14 devices.--
15 (1) It is illegal for any person to intentionally
16 alter, tamper with, damage or destroy any electronic
17 monitoring equipment used for monitoring the location of a
18 person pursuant to court order, unless such person is the
19 owner of the equipment, or an agent of the owner, performing
20 ordinary maintenance and repairs. A person who violates this
21 subsection commits a felony of the third degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084.
23 (2) It is illegal for any person to develop, build,
24 create, possess, or use any device that is intended to mimic,
25 clone, interfere with, or jam the signal of an electronic
26 monitoring device used to monitor the location of a person
27 pursuant to court order. A person who violates this subsection
28 commits a felony of the second degree, punishable as provided
29 in s. 775.082, s. 775.083, or s. 775.084.
30 Section 7. This act shall take effect October 1, 2005.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause,
4
5 and insert:
6 A bill to be entitled
7 An act relating to electronic monitoring;
8 amending s. 648.387, F.S.; authorizing bail
9 bond agents to be a vendor of electronic
10 monitoring services; authorizing bail bond
11 agents to contract with vendors to provide
12 electronic monitoring of pretrial releasees in
13 certain circumstances; authorizing bail bond
14 agents to contract with government entities to
15 provide electronic monitoring services in
16 certain circumstances; authorizing such agents
17 to collect a fee for electronic monitoring
18 services; providing that failure to make timely
19 payment of fees constitutes grounds to remand;
20 providing that such fees are exempt from
21 regulation by the Department of Financial
22 Services; creating s. 903.135, F.S.;
23 authorizing issuance of a probation appearance
24 bond; authorizing electronic monitoring of a
25 person subject to a probation appearance bond;
26 providing procedures for revocation of the
27 bond; providing application; creating s.
28 907.06, F.S.; providing for electronic
29 monitoring of persons on pretrial release;
30 requiring the monitored person to pay fees;
31 prohibiting a person being monitored from
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1220
Barcode 594460
1 tampering with monitoring equipment; creating
2 s. 907.07, F.S.; providing a means by which the
3 chief judge of each circuit shall create a list
4 of approved vendors for provision of electronic
5 monitoring services; creating s. 907.08, F.S.;
6 providing standards for privately owned
7 electronic monitoring devices; creating s.
8 907.09, F.S.; providing criminal penalties for
9 tampering with electronic monitoring devices;
10 providing criminal penalties for cloning the
11 signal of an electronic monitoring device;
12 providing an effective date.
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