HB 0391

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


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