| 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 and to |
| 5 | assess and collect a fee for electronic monitoring |
| 6 | services; providing that failure to make timely payment of |
| 7 | the fee is grounds to remand; providing that the |
| 8 | assessment and collection of such fee is exempt from |
| 9 | regulation by the Department of Financial Services; |
| 10 | creating s. 903.0472, F.S.; authorizing pretrial release |
| 11 | subject to electronic monitoring and a fee for such |
| 12 | services; providing that failure to make timely payment of |
| 13 | fees violates pretrial release conditions; providing that |
| 14 | a violation of pretrial release conditions is grounds to |
| 15 | remand; requiring reporting of violations of pretrial |
| 16 | release conditions; prohibiting defendant's altering, |
| 17 | tampering with, damaging, or destroying electronic |
| 18 | monitoring equipment; providing criminal penalties; |
| 19 | providing applicability; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (6) is added to section 648.387, |
| 24 | Florida Statutes, to read: |
| 25 | 648.387 Primary bail bond agents; duties.-- |
| 26 | (6) A bail bond agent may provide electronic monitoring of |
| 27 | any person who is released by the court in accordance with |
| 28 | chapter 903, subject to conditions requiring electronic |
| 29 | monitoring. A bail bond agent may contract with government |
| 30 | entities to provide electronic monitoring services as a |
| 31 | condition of bail or bond, independent of bail or bond, or under |
| 32 | other conditions deemed appropriate by a court or sheriff. Bail |
| 33 | bond agents are authorized to assess and collect a reasonable, |
| 34 | nonrefundable fee for electronic monitoring services from the |
| 35 | person who is subject to electronic monitoring. Failure to make |
| 36 | timely payment of the fee is grounds for the agent to remand |
| 37 | such person to the court or sheriff. Assessment and collection |
| 38 | of the fee shall be exempt from the provisions of s. 648.26. |
| 39 | Section 2. Section 903.0472, Florida Statutes, is created |
| 40 | to read: |
| 41 | 903.0472 Electronic monitoring.-- |
| 42 | (1) The court may order a defendant to be released from |
| 43 | custody subject to conditions of electronic monitoring, if such |
| 44 | services are provided in its jurisdiction. The court may order |
| 45 | the defendant to pay a reasonable fee for electronic monitoring |
| 46 | services as a condition of pretrial release. The failure of the |
| 47 | defendant to make timely payment of such fees is a violation of |
| 48 | pretrial release and grounds for the defendant to be remanded to |
| 49 | the court or appropriate sheriff. |
| 50 | (2) Any entity that provides electronic monitoring |
| 51 | services shall report forthwith any known violation of the |
| 52 | defendant's pretrial release conditions to the appropriate |
| 53 | court, sheriff, state attorney, and bail bond agent, if any. |
| 54 | (3) A defendant who has been released in accordance with |
| 55 | this section shall not alter, tamper with, damage, or destroy |
| 56 | any electronic monitoring equipment. A person who violates this |
| 57 | subsection commits a felony of the third degree, punishable as |
| 58 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 59 | (4) Nothing in this section shall be construed to limit |
| 60 | any other provision of this chapter. |
| 61 | Section 3. This act shall take effect July 1, 2005, and |
| 62 | shall apply to offenses committed on or after that date. |