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:
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause,
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, 2 12:59 PM 04/05/05 s1220.cj05.00c
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. 3 12:59 PM 04/05/05 s1220.cj05.00c
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. 4 12:59 PM 04/05/05 s1220.cj05.00c
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 5 12:59 PM 04/05/05 s1220.cj05.00c
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. 6 12:59 PM 04/05/05 s1220.cj05.00c
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. 31 7 12:59 PM 04/05/05 s1220.cj05.00c
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 8 12:59 PM 04/05/05 s1220.cj05.00c
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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 12:59 PM 04/05/05 s1220.cj05.00c