HB 391

1
A bill to be entitled
2An act relating to electronic monitoring; amending s.
3648.387, F.S.; authorizing bail bond agents to be vendors
4of electronic monitoring services; authorizing bail bond
5agents to contract with third-party vendors to provide
6electronic monitoring of pretrial releasees in certain
7circumstances; authorizing bail bond agents to register
8with a government entity to provide electronic monitoring
9services in certain circumstances; authorizing such agents
10to collect a fee for electronic monitoring services;
11providing that failure to make timely payment of fees
12constitutes grounds to remand; providing that such fees
13are exempt from regulation by the Department of Financial
14Services; creating s. 903.135, F.S.; authorizing issuance
15of a probation appearance bond for certain offenders;
16authorizing electronic monitoring of a person subject to a
17probation appearance bond; providing procedures for
18revocation of the bond; providing application; creating s.
19907.06, F.S.; providing for electronic monitoring of
20persons on pretrial release; requiring the monitored
21person to pay fees; providing that provision of electronic
22monitoring equipment and services is not an undertaking;
23prohibiting a person being monitored from tampering with
24monitoring equipment; creating s. 907.07, F.S.; providing
25a means by which the chief judge of each circuit shall
26maintain a list of eligible private vendors for provision
27of electronic monitoring services; creating s. 907.08,
28F.S.; providing standards for privately owned electronic
29monitoring devices; creating s. 907.09, F.S.; providing
30criminal penalties for tampering with electronic
31monitoring devices; providing criminal penalties for
32cloning the signal of an electronic monitoring device;
33amending s. 948.039, F.S.; allowing a court to require a
34probation appearance bond; amending s. 948.11, F.S.;
35allowing private vendors to provide electronic monitoring
36of offenders subject to community control or probation for
37violent felonies and sex-related offenses; providing an
38effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsection (6) is added to section 648.387,
43Florida Statutes, to read:
44     648.387  Primary bail bond agents; duties.--
45     (6)(a)  A licensed bail bond agent may be a vendor of
46electronic monitoring services. A licensed bail bond agent may
47also subcontract for such services with a third-party vendor of
48the bail bond agent's choice provided the licensed bail bond
49agent can certify that the equipment and services rendered by
50such third-party vendor on the bail bond agent's behalf meet the
51requirements of s. 907.07 for monitoring of a defendant for whom
52the bail bond agent has provided a criminal surety bail bond. A
53licensed bail bond agent may additionally register with a
54government entity to provide electronic monitoring services when
55monitoring has been ordered by a court if the electronic
56monitoring devices meet the requirements of s. 907.07.
57     (b)  A licensed bail bond agent may charge a reasonable,
58nonrefundable fee for electronic monitoring services from the
59person who is subject to electronic monitoring. Failure to make
60timely payment of such fees constitutes grounds for the agent to
61remand such person to the court or sheriff. Fees charged by a
62bail bond agent associated with required electronic monitoring
63services are not considered part of the bail bond premium and
64shall be exempt from the provisions of s. 648.33.
65     (c)  Records and receipts for electronic monitoring
66provided by a licensed bail bond agent shall be kept separate
67and apart from bail bond records.
68     Section 2.  Section 903.135, Florida Statutes, is created
69to read:
70     903.135  Probation appearance bond.--As a condition of any
71probation, community control, or any other court-ordered
72community supervision for a violent felony or sex-related
73offense authorized pursuant to chapter 948, the court may order
74the posting of a surety bond to secure the appearance of the
75defendant at any subsequent court proceeding. Such bond may
76include as a condition thereof that the defendant be placed on
77an electronic monitoring device and subject to electronic
78monitoring services, in a like manner and under like conditions
79as set forth in s. 907.06. The appearance bond shall be filed by
80a licensed bail agent with the sheriff who shall provide a copy
81to the clerk of the court. Upon 72 hours' notice by the clerk of
82court, the licensed bail agent shall produce the person on
83probation, community control, or other court-ordered community
84supervision to the court. The licensed bail agent shall
85surrender to the sheriff a person on probation, community
86control, or court-ordered community supervision upon notice by
87the probation officer that the person has violated the terms of
88probation, community control, or court-ordered community
89supervision. Under this section, notice shall be in writing or
90by electronic data transmission. If the licensed bail agent
91fails to produce the defendant in the court at the time noticed
92by the court or the clerk of court, the bond shall be estreated
93and forfeited according to the procedures set forth in this
94chapter. Failure to appear shall be the sole grounds for
95forfeiture and estreature of the appearance bond. Where not
96inconsistent with this section, this chapter and chapter 648
97shall regulate the relationship between the bail agent and
98probationer.
99     Section 3.  Section 907.06, Florida Statutes, is created to
100read:
101     907.06  Electronic monitoring.--
102     (1)  The court may order a defendant who has been charged
103with a violent felony or sex-related offense, or who has been
104charged with any crime but who has been previously convicted of
105a violent felony or sex-related offense, to be released from
106custody on a surety bond subject to conditions that include,
107without limitation, electronic monitoring, if electronic
108monitoring is available in the jurisdiction. This section also
109applies to persons subject to electronic monitoring pursuant to
110s. 903.135.
111     (2)  A defendant required to submit to electronic
112monitoring shall pay a reasonable fee for equipment use and
113monitoring as an additional condition of pretrial release. The
114failure of the defendant to make timely payment of such fees
115constitutes a violation of pretrial release and grounds for the
116defendant to be remanded to the court or appropriate sheriff or
117law enforcement agency.
118     (3)  Electronic monitoring shall include the provision of
119services to continuously receive and monitor the electronic
120signals from the transmitter worn by the defendant so as to be
121capable of identifying the defendant's geographic position at
122any time to within 9 meters using Global Positioning Satellite
123(GPS) technology, subject to the limitations related to the
124technology and to circumstances of force majeure. Such
125electronic monitoring services may be undertaken as a primary
126responsibility by a government entity or by a licensed bail bond
127agent who may provide both bail bond services and have primary
128responsibility or oversight for electronic monitoring services.
129A government entity or licensed bail bond agent may subcontract
130to a third-party vendor for electronic monitoring services
131provided such third-party vendor complies with all provisions of
132this subsection and s. 907.08, and operates under the direction
133and control of the government entity or bond agent with primary
134responsibility as the vendor for electronic monitoring. A
135government entity that elects to subcontract for electronic
136monitoring services shall be required to select such third-party
137vendor through a competitive bidding process.
138     (4)  Any person who provides electronic monitoring services
139shall report forthwith any known violation of the defendant's
140pretrial release conditions to the appropriate court, sheriff or
141law enforcement agency, state attorney, and licensed bail agent,
142if any. Notwithstanding the foregoing requirement, the provision
143of electronic monitoring services shall not be deemed to
144constitute an undertaking to protect members of the public from
145harm occasioned by a monitored person. The sole duty owed by a
146person who provides electronic monitoring is to give a law
147enforcement officer, upon request, an indication of the physical
148location of the monitored person at any point in time. It is
149unreasonable for any member of the public to expect that a
150provider of electronic monitoring services will provide
151protection against harm occasioned by a monitored person. A
152provider of electronic monitoring services cannot control the
153activities of a monitored person. A person who provides
154electronic monitoring is not responsible to other persons for
155equipment failure or for the criminal acts of a monitored
156person.
157     (5)  A defendant who has been released in accordance with
158the provisions of this section shall not alter, tamper with,
159damage, or destroy any electronic monitoring equipment. A
160defendant who is notified of a malfunction in the equipment
161shall immediately cooperate with the vendor in restoring the
162equipment to proper functioning. A violation of this subsection
163constitutes a violation of pretrial release and grounds for the
164defendant to be remanded to the court or appropriate sheriff or
165law enforcement agency.
166     Section 4.  Section 907.07, Florida Statutes, is created to
167read:
168     907.07  Vendor requirements for provision of electronic
169monitoring services; vendor registration and certification
170process.--
171     (1)  This section shall not apply to electronic monitoring
172provided directly by the state, a county, or a sheriff.
173     (2)  The chief judge of each judicial circuit shall
174maintain a list of all eligible vendors of electronic monitoring
175in the circuit. To be an eligible vendor, a person must be a
176licensed bail bond agent in this state who has registered in
177accordance with this section as a vendor capable of providing
178electronic monitoring services in that judicial circuit. The
179chief judge shall place on such list of eligible vendors any
180licensed bail bond agent in this state who certifies in writing,
181as part of the vendor registration, that all electronic
182monitoring equipment and electronic monitoring services shall be
183operated and maintained in compliance with this section, and who
184agrees as part of such certification to comply with the terms of
185this section.
186     (3)  Only a governmental entity or a licensed bail bond
187agent who is included on a list of eligible vendors under
188subsection (2) shall be permitted to undertake primary
189responsibility as a vendor of electronic monitoring services in
190a judicial circuit of this state.
191     (4)  A licensed bail bond agent shall agree to abide by the
192following minimum terms as a condition of being included on the
193list of eligible vendors of electronic monitoring in a given
194judicial circuit of this state:
195     (a)  The vendor shall register in writing the name of the
196vendor who shall be a licensed bail bond agent in this state,
197the name of an individual employed by the vendor who is to serve
198as a contact person for the vendor, the address of the vendor,
199and the telephone number of the contact person.
200     (b)  The vendor must initially certify as part of the
201registration, and must certify in writing at least annually
202thereafter on a date set by the chief judge, that all of the
203electronic monitoring devices used by the vendor and any of the
204vendor's subcontractors comply with the requirements for
205privately owned electronic monitoring devices in s. 907.08.
206     (5)  A vendor shall promptly notify the chief judge of any
207changes in the vendor's registration information that is
208required under this section.
209     (6)  Failure to comply with the registration or
210recertification requirements of this section shall be grounds
211for removal from any chief judge's list of eligible vendors for
212electronic monitoring.
213     (7)  The chief judge, in his or her discretion, may also
214remove any registered vendor from the list of eligible vendors
215should the vendor:
216     (a)  Fail to properly monitor any person that the vendor
217was required to monitor.
218     (b)  Charge a defendant a clearly excessive fee for use and
219monitoring of electronic monitoring equipment. Such fees shall
220be considered clearly excessive if the fees charged on a per
221diem basis are at least two times greater than the average fee
222charged by other vendors on the eligible vendor list who provide
223comparable electronic monitoring equipment and services in that
224judicial circuit.
225     Section 5.  Section 907.08, Florida Statutes, is created to
226read:
227     907.08  Standards for privately owned electronic monitoring
228devices.--A privately owned electronic monitoring device
229provided by a vendor must, at a minimum, meet the standards set
230forth in this section to be used for electronic monitoring of a
231person under s. 907.06 or s. 903.135. A device must:
232     (1)  Be a transmitter unit that meets certification
233standards approved by the Federal Communications Commission.
234     (2)  At the court's discretion, either:
235     (a)  Emit signal content 24 hours per day, which signal
236identifies the specific device being worn by the defendant and
237the defendant's physical location using Global Positioning
238Satellite (GPS) technology accurate to within 9 meters; or
239     (b)  Receive signal content 24 hours per day, determining
240the defendant's physical location using Global Positioning
241Satellite (GPS) technology accurate to within 9 meters,
242recording the defendant's physical locations throughout the day,
243and capable of transmitting that record of locations to the
244vendor at least daily.
245     (3)  A unit affixed to the defendant must possess an
246internal power source that provides a minimum of 1 year of
247normal operation without need for recharging or replacing the
248power source. The device must emit signal content that indicates
249the power status of the transmitter and provides the vendor with
250notification of whether the power source needs to be recharged
251or replaced.
252     (4)  Possess and emit signal content that indicates whether
253the transmitter has been subjected to tampering or removal.
254     (5)  Possess encrypted signal content or another feature
255designed to discourage duplication.
256     (6)  Be of a design that is shock resistant, water and
257moisture proof, and capable of reliable function under normal
258atmospheric and environmental conditions.
259     (7)  Be capable of wear and use in a manner that does not
260pose a safety hazard or unduly restrict the activities of the
261defendant.
262     (8)  Be capable of being attached to the defendant in a
263manner that readily reveals any efforts to tamper with or remove
264the transmitter upon visual inspection.
265     (9)  Use straps or other mechanisms for attaching the
266transmitter to the defendant that are either capable of being
267adjusted to fit a defendant of any size or made available in a
268variety of sizes.
269     Section 6.  Section 907.09, Florida Statutes, is created to
270read:
271     907.09  Offenses related to electronic monitoring
272devices.--
273     (1)  It is illegal for any person to intentionally alter,
274tamper with, damage, or destroy any electronic monitoring
275equipment used for monitoring the location of a person pursuant
276to court order, unless such person is the owner of the
277equipment, or an agent of the owner performing ordinary
278maintenance and repairs. A person who violates this subsection
279commits a felony of the third degree, punishable as provided in
280s. 775.082, s. 775.083, or s. 775.084.
281     (2)  It is illegal for any person to develop, build,
282create, possess, or use any device that is intended to mimic,
283clone, interfere with, or jam the signal of an electronic
284monitoring device used to monitor the location of a person
285pursuant to court order. A person who violates this subsection
286commits a felony of the second degree, punishable as provided in
287s. 775.082, s. 775.083, or s. 775.084.
288     Section 7.  Subsection (3) is added to section 948.039,
289Florida Statutes, to read:
290     948.039  Special terms and conditions of probation or
291community control imposed by court order.--The court may
292determine any special terms and conditions of probation or
293community control. The terms and conditions should be reasonably
294related to the circumstances of the offense committed and
295appropriate for the offender. The court shall impose the special
296terms and conditions by oral pronouncement at sentencing and
297include the terms and conditions in the written sentencing
298order. Special terms and conditions may include, but are not
299limited to, requirements that the offender:
300     (3)  Effective October 1, 2005, and applicable for violent
301felonies and sex-related offenses committed on or after that
302date, the court may order the posting of a probation bond
303pursuant to s. 903.135 to secure the appearance of the offender
304at any subsequent court proceeding. Such bond may include as a
305condition thereof that the offender be placed on an electronic
306monitoring device and subject to electronic monitoring services,
307in a like manner and under like conditions as in s. 907.06. The
308offender shall be ordered to pay the reasonable cost of the
309electronic monitoring service.
310     Section 8.  Subsection (6) is added to section 948.11,
311Florida Statutes, to read:
312     948.11  Electronic monitoring devices.--
313     (6)  Any offender sentenced to community control or
314probation for a violent felony or sex-related offense, and
315required to submit to electronic monitoring pursuant to statute,
316court order, or the discretion of the Department of Corrections
317may be referred by the department to a vendor who has been
318selected through a competitive bidding process for the provision
319of electronic monitoring services, subject to the requirements
320of s. 907.07. Notwithstanding subsection (5) and s. 948.09(2),
321such offender shall be responsible for the cost of monitoring
322and shall pay the same directly to the vendor. A vendor shall
323report noncompliance to the assigned probation officer or
324community control officer pursuant to the procedures applicable
325to the Department of Corrections under subsection (3). If an
326offender fails to timely pay any cost related to electronic
327monitoring services to the vendor, the vendor may file an
328affidavit of nonpayment with the department and, upon receipt of
329the affidavit, the department shall proceed with a violation of
330the probation or community control.
331     Section 9.  This act shall take effect October 1, 2005.


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