Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 450
Barcode 801880
CHAMBER ACTION
Senate House
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03/15/2006 06:25 PM .
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11 The Committee on Criminal Justice (Wise) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 648.387, Florida Statutes, is
19 amended to read:
20 648.387 Primary bail bond agents; duties; electronic
21 monitoring services by licensed bail bond agents.--
22 (1) The owner or operator of a bail bond agency shall
23 designate a primary bail bond agent for each location, and
24 shall file with the department the name and license number of
25 the person and the address of the location on a form approved
26 by the department. The designation of the primary bail bond
27 agent may be changed if the department is notified
28 immediately. Failure to notify the department within 10
29 working days after such change is grounds for disciplinary
30 action pursuant to s. 648.45.
31 (2) The primary bail bond agent is responsible for the
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1 overall operation and management of a bail bond agency
2 location, whose responsibilities may include, without
3 limitations, hiring and supervising of all individuals within
4 the location, whether they deal with the public in the
5 solicitation or negotiation of bail bond contracts or in the
6 collection or accounting of moneys. A person may be designated
7 as primary bail bond agent for only one location.
8 (3) The department may suspend or revoke the license
9 of the owner, operator, and primary bail bond agent if a bail
10 bond agency employs, contracts with, or uses the services of a
11 person who has had a license denied or whose license is
12 currently suspended or revoked. However, a person who has been
13 denied a license for failure to pass a required examination
14 may be employed to perform clerical or administrative
15 functions for which licensure is not required.
16 (4) An owner, operator, or primary agent may not
17 employ, contract with, or use the services of any person in a
18 bail bond agency who has been charged with, found guilty of,
19 or pled guilty or nolo contendere to a felony or a crime
20 punishable by imprisonment of 1 year or more under the law of
21 any jurisdiction, without regard to whether judgment was
22 entered or withheld by the court.
23 (5) A bail bond agency location may not conduct surety
24 business unless a primary bail bond agent is designated at all
25 times. The failure to designate a primary agent on a form
26 prescribed by the department, within 10 working days after an
27 agency's inception or a change of primary agent, is a
28 violation of this chapter, punishable as provided in s.
29 648.45.
30 (6)(a) A licensed bail bond agent who meets the
31 requirements of s. 907.07 may be a vendor of electronic
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1 monitoring services. A licensed bail bond agent may also
2 subcontract for such services with a third-party vendor of the
3 bail bond agent's choice provided the licensed bail bond agent
4 can certify that the equipment and services rendered by such
5 third-party vendor on the bail bond agent's behalf meet the
6 requirements of s. 907.07 for monitoring of a defendant for
7 whom the bail bond agent has provided a criminal surety bail
8 bond. A licensed bail bond agent who meets the requirements of
9 s. 907.07 may additionally register with a governmental entity
10 to provide electronic monitoring services when monitoring has
11 been ordered by a court.
12 (b) A licensed bail bond agent may charge a
13 reasonable, nonrefundable fee for electronic monitoring
14 services from a person who is subject to electronic
15 monitoring. Failure to timely pay such fees constitutes
16 grounds for the agent to remand such person to the court or
17 sheriff. Fees charged by a bail bond agent associated with
18 required electronic monitoring services are not considered
19 part of the bail bond premium and are exempt from the
20 provisions of s. 648.33.
21 (c) Records and receipts for electronic monitoring
22 provided by a licensed bail bond agent shall be kept separate
23 and apart from bail bond records.
24 Section 2. Section 907.06, Florida Statutes, is
25 created to read:
26 907.06 Electronic monitoring.--
27 (1) The court may order a defendant who has been
28 charged with a forcible felony, as defined in s. 776.08, or a
29 sex-related offense, or who has been charged with any crime
30 and who has been previously convicted of a forcible felony or
31 a sex-related offense, to be released from custody on a surety
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1 bond subject to conditions that include, without limitation,
2 electronic monitoring, if electronic monitoring is available
3 in the jurisdiction. For purposes of this section, the term
4 "sex-related offense" includes any of the offenses contained
5 in s. 943.0435(1)(a)1.
6 (2) A defendant required to submit to electronic
7 monitoring shall pay a reasonable fee for equipment use and
8 monitoring as an additional condition of pretrial release. The
9 failure of the defendant to timely pay such fees constitutes a
10 violation of pretrial release and grounds for the defendant to
11 be remanded to the court or appropriate sheriff or law
12 enforcement agency.
13 (3) Electronic monitoring shall include the provision
14 of services to continuously receive and monitor the electronic
15 signals from the transmitter worn by the defendant so as to be
16 capable of identifying the defendant's geographic position at
17 any time to within 9 meters using Global Positioning Satellite
18 (GPS) technology, subject to the limitations related to the
19 technology and to circumstances of force majeure. Such
20 electronic monitoring services may be undertaken as a primary
21 responsibility by a governmental entity or by a licensed bail
22 bond agent who may provide both bail bond services and have
23 primary responsibility or oversight for electronic monitoring
24 services. A governmental entity or licensed bail bond agent
25 may subcontract to a third-party vendor for electronic
26 monitoring services, provided such third-party vendor complies
27 with all provisions of this subsection and s. 907.08 and
28 operates under the direction and control of the governmental
29 entity or licensed bail bond agent with primary responsibility
30 as the vendor for electronic monitoring. A governmental entity
31 that elects to subcontract for electronic monitoring services
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1 shall be required to select such third-party vendor through a
2 competitive bidding process.
3 (4)(a) Any person who provides electronic monitoring
4 services shall report forthwith any known violation of the
5 defendant's pretrial release conditions to the appropriate
6 court, sheriff or law enforcement agency, state attorney, and
7 licensed bail bond agent, if any.
8 (b)1. Notwithstanding paragraph (a), the provision of
9 electronic monitoring services shall not be deemed to
10 constitute an undertaking to protect members of the public
11 from harm occasioned by a monitored person. The sole duty owed
12 by a person who provides electronic monitoring is to give a
13 law enforcement officer, upon request, an indication of the
14 physical location of the monitored person at any point in
15 time.
16 2. A person who provides electronic monitoring is not
17 responsible to other persons for equipment failure or for the
18 criminal acts of a monitored person. A provider of electronic
19 monitoring services cannot control the activities of a
20 monitored person. It is unreasonable for any member of the
21 public to expect that a provider of electronic monitoring
22 services will provide protection against harm occasioned by a
23 monitored person.
24 (5) A defendant who has been released in accordance
25 with this section shall not alter, tamper with, damage, or
26 destroy any electronic monitoring equipment or data recorded
27 by such equipment. A defendant who is notified of a
28 malfunction in the equipment shall immediately cooperate with
29 the vendor in restoring the equipment to proper functioning. A
30 violation of this subsection constitutes a violation of
31 pretrial release and grounds for the defendant to be remanded
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1 to the court or appropriate sheriff or law enforcement agency.
2 Section 3. Section 907.07, Florida Statutes, is
3 created to read:
4 907.07 Vendor requirements for provision of electronic
5 monitoring services; vendor registration and certification
6 process.--
7 (1) This section shall not apply to electronic
8 monitoring provided directly by the state, a county, or a
9 sheriff.
10 (2) The chief judge of each judicial circuit shall
11 maintain a list of all licensed bail bond agents who are
12 eligible vendors of electronic monitoring in the circuit. For
13 a licensed bail bond agent to be an eligible vendor, a
14 licensed bail bond agent must register in accordance with this
15 section as a vendor capable of providing electronic monitoring
16 services as a primary provider or through a subcontractor in
17 that judicial circuit. The chief judge shall place on such
18 list of eligible vendors any licensed bail bond agent in this
19 state who certifies in writing, as part of the vendor
20 registration, that all electronic monitoring equipment and
21 electronic monitoring services shall be operated and
22 maintained in compliance with this section, and who agrees as
23 part of such certification to comply with the terms of this
24 section.
25 (3) Only a governmental entity, or a licensed bail
26 bond agent who is included on a list of eligible vendors under
27 subsection (2), shall be permitted to undertake primary
28 responsibility as a vendor of electronic monitoring services
29 in a judicial circuit of this state.
30 (4) A licensed bail bond agent shall agree to abide by
31 the following minimum terms as a condition of being included
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1 on the list of eligible vendors of electronic monitoring in a
2 given judicial circuit of this state:
3 (a) The vendor shall register in writing the name of
4 the vendor, who must be a licensed bail bond agent in this
5 state; the name of an individual employed by the vendor who is
6 to serve as a contact person for the vendor; the address of
7 the vendor; and the telephone number of the contact person.
8 (b) The vendor must initially certify as part of the
9 registration, and must certify in writing at least annually
10 thereafter on a date set by the chief judge, that all of the
11 electronic monitoring devices used by the vendor and any of
12 the vendor's subcontractors comply with the requirements for
13 privately owned electronic monitoring devices in s. 907.08.
14 (5) A vendor shall promptly notify the chief judge of
15 any changes in the vendor's registration information that is
16 required under this section.
17 (6) Failure to comply with the registration or
18 recertification requirements of this section shall be grounds
19 for removal from any chief judge's list of eligible vendors
20 for electronic monitoring.
21 (7) The chief judge, in his or her discretion, may
22 also remove any registered vendor from the list of eligible
23 vendors if the vendor:
24 (a) Fails to properly monitor any person that the
25 vendor was required to monitor; or
26 (b) Charges a defendant a clearly excessive fee for
27 use and monitoring of electronic monitoring equipment. Such
28 fees shall be considered clearly excessive if the fees charged
29 on a per diem basis are at least twice the average fee charged
30 by other vendors on the eligible vendor list who provide
31 comparable electronic monitoring equipment and services in
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1 that judicial circuit.
2 Section 4. Section 907.08, Florida Statutes, is
3 created to read:
4 907.08 Standards for privately owned electronic
5 monitoring devices.--A privately owned electronic monitoring
6 device provided by a vendor must, at a minimum, meet the
7 standards set forth in this section to be used for electronic
8 monitoring of a person under s. 907.06. A device must:
9 (1) Be a transmitter unit that meets certification
10 standards approved by the Federal Communications Commission.
11 (2) At the court's discretion, either:
12 (a) Emit signal content 24 hours per day that
13 identifies the specific device being worn by the defendant and
14 the defendant's physical location using Global Positioning
15 Satellite (GPS) technology accurate to within 9 meters; or
16 (b) Receive signal content 24 hours per day,
17 determining the defendant's physical location using Global
18 Positioning Satellite (GPS) technology accurate to within 9
19 meters, recording the defendant's physical locations
20 throughout the day, and being capable of transmitting that
21 record of locations to the vendor at least daily.
22 (3) With respect to a unit affixed to a defendant,
23 possess an internal power source that provides a minimum of 1
24 year of normal operation without recharging or replacing the
25 power source. The device must emit signal content that
26 indicates its power status and provides the vendor with
27 notification of whether the power source needs to be recharged
28 or replaced.
29 (4) Possess and emit signal content that indicates
30 whether the transmitter has been subjected to tampering or
31 removal.
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1 (5) Possess encrypted signal content or another
2 feature designed to discourage duplication.
3 (6) Be of a design that is shock resistant,
4 waterproof, and capable of reliable function under normal
5 atmospheric and environmental conditions.
6 (7) Be capable of wear and use in a manner that does
7 not pose a safety hazard or unduly restrict the activities of
8 the defendant.
9 (8) Be capable of being attached to the defendant in a
10 manner that readily reveals any efforts to tamper with or
11 remove the transmitter upon visual inspection.
12 (9) Use straps or other mechanisms for attaching the
13 transmitter to the defendant that are either capable of being
14 adjusted to fit a defendant of any size or that are made
15 available in a variety of sizes.
16 Section 5. Section 907.09, Florida Statutes, is
17 created to read:
18 907.09 Offenses related to electronic monitoring
19 devices.--
20 (1) It is illegal for any person to intentionally
21 alter, tamper with, damage, or destroy any electronic
22 monitoring equipment used for monitoring the location of a
23 person pursuant to court order, unless such person is the
24 owner of the equipment or an agent of the owner performing
25 ordinary maintenance and repairs. A person who violates this
26 subsection commits a felony of the third degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 (2) It is illegal for any person to develop, build,
29 create, possess, or use any device that is intended to mimic,
30 clone, interfere with, or jam the signal of an electronic
31 monitoring device used to monitor the location of a person
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1 pursuant to court order. A person who violates this subsection
2 commits a felony of the third degree, punishable as provided
3 in s. 775.082, s. 775.083, or s. 775.084.
4 (3) A person may not intentionally alter, tamper with,
5 damage, or destroy any data stored or transmitted by any
6 electronic monitoring equipment used for monitoring the
7 location of a person pursuant to court order with the intent
8 to violate such court order or to conceal such a violation. A
9 person who violates this subsection commits a felony of the
10 third degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 Section 6. Section 944.161, Florida Statutes, is
13 created to read:
14 944.161 Electronic monitoring of inmates within
15 correctional facilities.--
16 (1) The department is authorized and encouraged to
17 employ electronic monitoring of inmates within its custody who
18 are incarcerated within state and private correctional
19 facilities.
20 (a) Electronic monitoring services must have the
21 capability to continuously receive and monitor electronic
22 signals from a transmitter worn by an inmate so as to
23 continuously monitor the inmate in real time and identify the
24 inmate's specific geographic position within the facility at
25 any time. Such transmitters must update in at least 5-second
26 intervals and monitor the inmate's geographical location to
27 within at least a 10-foot radius of his or her actual location
28 or to within a radius that is equal to the width of a
29 facility's average size sleeping quarters, whichever is less,
30 subject to the limitations relating to the state of the art of
31 the technology used and to circumstances of force majeure.
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1 (b) Any electronic monitoring system employed shall
2 also provide transmitters to be worn by department employees,
3 employees of private-sector companies contracted to operate
4 correctional facilities, and any visitors to correctional
5 facilities who are provided access to areas that are
6 designated for authorized personnel only. Such transmitters
7 shall include a panic safety button and must have the
8 capability to continuously receive and monitor electronic
9 signals from a transmitter worn by an employee or visitor so
10 as to continuously monitor employees and visitors in real time
11 and identify their specific geographic positions at any time.
12 Such transmitters must update in at least 5-second intervals
13 and monitor employees and visitors to within a 10-foot radius
14 of their actual location, subject to the limitations relating
15 to the state of the art of the technology used and to
16 circumstances of force majeure.
17 (c) Any electronic monitoring system employed shall
18 also have the following technological and functional
19 capabilities:
20 1. Be compatible with a commercially recognized
21 wireless network access standard as designated by the
22 department and have sufficient bandwidth to support additional
23 wireless networking devices in order to increase the capacity
24 for usage of the system by the correctional facility.
25 2. Be capable of issuing an alarm to an internal
26 correctional monitoring station within 3 seconds after
27 receiving a panic alert from an employee or visitor
28 transmitter or within 3 seconds after violation of the
29 established parameters for permissible movement of inmates,
30 employees, and visitors within the facility.
31 3.a. Be capable of maintaining a historical storage
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1 capacity sufficient to store up to 6 months of complete
2 inmate, employee, and visitor tracking for purposes of
3 follow-up investigations and vendor contract auditing. The
4 system must be capable of recording for such purposes the
5 continuous uninterrupted movement of all monitored
6 individuals, including those in close proximity to any
7 selected individual, by specific position, not by area or
8 zone. Such historical information must also be capable of
9 being archived by means of electronic data transfer to a
10 permanent storage medium designated as acceptable by the
11 department.
12 b. In addition, data collected from each facility each
13 day shall be electronically transmitted to an offsite central
14 clearinghouse designated by the department where the data
15 shall be maintained in a secure storage location in a
16 permanent storage medium designated as acceptable by the
17 department as a supplemental backup in order to protect the
18 archived data from alteration and to prevent loss due to
19 disaster or other cause.
20 4. With respect to a unit affixed to an inmate, be
21 capable of possessing an internal power source that is field
22 rechargeable or that provides a minimum of 1 year of normal
23 operation without need for recharging or replacing the power
24 source. Batteries used in units must be replaceable by
25 correctional employees. The device must emit signal content
26 that indicates the power status of the transmitter and
27 provides the correctional facility monitoring station with
28 notification of whether the power source needs to be recharged
29 or replaced.
30 5. Possess and emit signal content that indicates
31 whether the transmitter has been subjected to tampering or
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1 removal.
2 6. Possess encrypted signal content or another feature
3 designed to discourage duplication.
4 7. Be of a design that is shock resistant, waterproof,
5 and capable of reliable function under normal atmospheric and
6 environmental conditions.
7 8. Be capable of wear and use in a manner that does
8 not pose a safety hazard or unduly restrict the activities of
9 the inmate.
10 9. Be capable of being attached to the inmate in a
11 manner that readily reveals any efforts to tamper with or
12 remove the transmitter upon visual inspection.
13 10. Either posses straps or other mechanisms for
14 attaching the transmitter to the inmate which are capable of
15 being adjusted to fit an inmate of any size or must be made
16 available in a variety of sizes.
17 11. Be designed and constructed in such a way as to
18 resist tampering with or removal by the inmate.
19 12. Provide a backup power source in the event of a
20 power failure.
21 (2) A person may not intentionally alter, tamper with,
22 damage, or destroy any electronic monitoring equipment used to
23 monitor the location of a person within a correctional
24 facility, unless the person is the owner of the equipment or
25 an agent of the owner performing ordinary maintenance and
26 repairs. A person who violates this subsection commits a
27 felony of the third degree, punishable as provided in s.
28 775.082, s. 775.083, or s. 775.084.
29 (3) A person may not develop, build, create, possess,
30 or use any device that is intended to mimic, clone, interfere
31 with, or jam the signal of an electronic monitoring device
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1 used to monitor the location of a person within a correctional
2 facility. A person who violates this subsection commits a
3 felony of the third degree, punishable as provided in s.
4 775.082, s. 775.083, or s. 775.084.
5 (4) A person may not intentionally alter, tamper with,
6 damage, or destroy any data stored pursuant to subparagraph
7 (1)(c)3. unless done so with written permission from an
8 authorized official of the department or in compliance with a
9 data-retention policy of the department adopted by rule. A
10 person who violates this subsection commits a felony of the
11 third degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 (5) The department is authorized to adopt rules
14 pursuant to ss. 120.536(1) and 120.54 to implement the
15 provisions of this section.
16 Section 7. Section 985.4047, Florida Statutes, is
17 created to read:
18 985.4047 Electronic monitoring of juvenile offenders
19 within juvenile facilities.--
20 (1) The department is authorized and encouraged to
21 employ electronic monitoring of juvenile offenders within its
22 custody who are incarcerated within state and private juvenile
23 offender facilities for the purpose or reducing offender on
24 offender violence and reducing employee sexual misconduct as
25 defined in s. 985.4045.
26 (a) Electronic monitoring services must have the
27 capability to continuously receive and monitor electronic
28 signals from a transmitter worn by a juvenile offender so as
29 to continuously monitor an offender in real time and identify
30 at any time the offender's specific geographic position within
31 the facility. Such transmitters must update in at least
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1 5-second intervals and monitor the offender's geographical
2 location to within at least a 10-foot radius of his or her
3 actual location or to within a radius that is equal to the
4 width of a facility's average size sleeping quarters,
5 whichever is less, subject to the limitations relating to the
6 state of the art of the technology used and to circumstances
7 of force majeure.
8 (b) Any electronic monitoring system employed shall
9 also provide transmitters to be worn by department employees,
10 employees of private-sector companies contracted to operate
11 juvenile facilities, and any visitors to juvenile facilities
12 who are provided access to areas that are designated for
13 authorized personnel only. Such transmitters shall include a
14 panic button and must have the capability to continuously
15 receive and monitor electronic signals from a transmitter worn
16 by an employee or visitor so as to continuously monitor
17 employees and visitors in real time and identify their
18 specific geographic positions at any time. Such transmitters
19 must update in at least 5-second intervals and monitor
20 employees and visitors to within a 10-foot radius of their
21 actual location, subject to the limitations relating to the
22 state of the art of the technology used and to circumstances
23 of force majeure.
24 (c) Any electronic monitoring system employed shall
25 also:
26 1. Be compatible with a commercially recognized
27 wireless network access standard as designated by the
28 department and have sufficient bandwidth to support additional
29 wireless networking devices in order to increase the capacity
30 for usage of the system by the facility.
31 2. Be capable of issuing an alarm to an internal
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1 facility monitoring station within 3 seconds after receiving a
2 panic alert from an employee or visitor transmitter or within
3 3 seconds after violation of the established parameters for
4 permissible movement of offenders, employees, and visitors
5 within the facility.
6 3.a. Be capable of maintaining a historical storage
7 capacity sufficient to store up to 6 months of complete
8 offender, employee, and visitor tracking for purposes of
9 follow-up investigations and vendor contract auditing. The
10 system must be capable of recording for such purposes the
11 continuous uninterrupted movement of all monitored
12 individuals, including those in close proximity to any
13 selected individual, by specific position, not by area or
14 zone. Such historical information must also be capable of
15 being archived by means of electronic data transfer to a
16 permanent storage medium designated as acceptable by the
17 department.
18 b. In addition, data collected from each facility each
19 day shall be electronically transmitted to an offsite central
20 clearinghouse designated by the department where the data
21 shall be maintained in a secure storage location in a
22 permanent storage medium designated as acceptable by the
23 department as a supplemental backup in order to protect the
24 archived data from alteration and to prevent loss due to
25 disaster or other cause.
26 4. With respect to a unit affixed to an offender, be
27 capable of possessing an internal power source that is field
28 rechargeable or that provides a minimum of 1 year of normal
29 operation without need for recharging or replacing the power
30 source and batteries must be replaceable by facility
31 employees. The device must emit signal content that indicates
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1 the power status of the transmitter and provides the facility
2 monitoring station with notification of whether the power
3 source needs to be recharged or replaced.
4 5. Possess and emit signal content that indicates
5 whether the transmitter has been subjected to tampering or
6 removal.
7 6. Possess encrypted signal content or another feature
8 designed to discourage duplication.
9 7. Be of a design that is shock resistant, waterproof,
10 and capable of reliable function under normal atmospheric and
11 environmental conditions.
12 8. Be capable of wear and use in a manner that does
13 not pose a safety hazard or unduly restrict the activities of
14 the offender.
15 9. Be capable of being attached to the offender in a
16 manner that readily reveals any efforts to tamper with or
17 remove the transmitter upon visual inspection.
18 10. Either possess straps or other mechanisms for
19 attaching the transmitter to the offender which are capable of
20 being adjusted to fit an offender of any size or must be made
21 available in a variety of sizes.
22 11. Be designed and constructed in such a way as to
23 resist tampering with or removal by the offender.
24 12. Provide a backup power source in the event of a
25 power failure.
26 (2) A person may not intentionally alter, tamper with,
27 damage, or destroy any electronic monitoring equipment used to
28 monitor the location of a person within a juvenile facility,
29 unless the person is the owner of the equipment or an agent of
30 the owner performing ordinary maintenance and repairs. A
31 person who violates this subsection commits a felony of the
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1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (3) A person may not develop, build, create, possess,
4 or use any device that is intended to mimic, clone, interfere
5 with, or jam the signal of an electronic monitoring device
6 used to monitor the location of a person within a juvenile
7 facility. A person who violates this subsection commits a
8 felony of the third degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 (4) A person may not intentionally alter, tamper with,
11 damage, or destroy any data stored pursuant to subparagraph
12 (1)(c)3. unless done so with written permission from an
13 authorized official of the department or in compliance with a
14 data-retention policy of the department adopted by rule. A
15 person who violates this subsection commits a felony of the
16 third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (5) The department is authorized to adopt rules
19 pursuant to ss. 120.536(1) and 120.54 to implement the
20 provisions of this section.
21 Section 8. This act shall take effect October 1, 2006.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
27
28 and insert:
29 A bill to be entitled
30 An act relating to electronic monitoring;
31 amending s. 648.387, F.S.; authorizing bail
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Bill No. SB 450
Barcode 801880
1 bond agents to be vendors of electronic
2 monitoring services; authorizing bail bond
3 agents to contract with third-party vendors to
4 provide electronic monitoring of pretrial
5 releasees in certain circumstances; authorizing
6 bail bond agents to register with a
7 governmental entity to provide electronic
8 monitoring services in certain circumstances;
9 authorizing such agents to collect a fee for
10 electronic monitoring services; providing that
11 failure to timely pay fees constitutes grounds
12 to remand; providing that such fees are exempt
13 from specified premium requirements; creating
14 s. 907.06, F.S.; providing for electronic
15 monitoring of certain persons on pretrial
16 release; requiring the monitored person to pay
17 fees; providing that provision of electronic
18 monitoring equipment and services is not an
19 undertaking to protect members of the public
20 from harm occasioned by a monitored person;
21 prohibiting a person being monitored from
22 tampering with monitoring equipment; creating
23 s. 907.07, F.S.; requiring the chief judge of
24 each circuit to maintain a list of licensed
25 bail bond agents who are eligible private
26 vendors for provision of electronic monitoring
27 services; requiring registration of such
28 vendors and certification of electronic
29 monitoring devices; providing grounds for
30 removal from the list; creating s. 907.08,
31 F.S.; providing standards for privately owned
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 450
Barcode 801880
1 electronic monitoring devices; creating s.
2 907.09, F.S.; providing criminal penalties for
3 tampering with electronic monitoring devices;
4 providing criminal penalties for cloning or
5 jamming the signal of an electronic monitoring
6 device; providing criminal penalties for the
7 alteration or destruction of data stored or
8 transmitted by an electronic monitoring device
9 with specified intent; creating ss. 944.161 and
10 985.4047, F.S.; providing for electronic
11 monitoring of inmates within correctional
12 facilities and juvenile offenders within
13 juvenile facilities, respectively; requiring
14 such monitoring of certain employees and
15 visitors to such facilities; providing system
16 requirements; prohibiting specified actions
17 relating to such monitoring systems and data
18 from such systems; providing penalties;
19 providing rulemaking authority; providing an
20 effective date.
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