Senate Bill sb0450

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    Florida Senate - 2006                                   SB 450

    By Senator Wise





    5-66A-06

  1                      A bill to be entitled

  2         An act relating to electronic monitoring;

  3         amending s. 648.387, F.S.; authorizing bail

  4         bond agents to be vendors of electronic

  5         monitoring services; authorizing bail bond

  6         agents to contract with third-party vendors to

  7         provide electronic monitoring of pretrial

  8         releasees under certain circumstances;

  9         authorizing bail bond agents to register with a

10         government entity to provide electronic

11         monitoring services in certain circumstances;

12         authorizing agents to collect a fee for

13         electronic monitoring services; providing that

14         failure to make timely payment of fees

15         constitutes grounds to remand; providing that

16         fees collected are exempt from regulation by

17         the Department of Financial Services; creating

18         s. 903.135, F.S.; authorizing issuance of a

19         probation appearance bond for certain

20         offenders; authorizing electronic monitoring of

21         a person subject to a probation appearance

22         bond; providing procedures for revocation of

23         the bond; providing application; creating s.

24         907.06, F.S.; providing for electronic

25         monitoring of persons on pretrial release;

26         requiring the monitored person to pay fees;

27         providing that provision of electronic

28         monitoring equipment and services is not an

29         undertaking; prohibiting a person being

30         monitored from tampering with monitoring

31         equipment; creating s. 907.07, F.S.; providing

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    Florida Senate - 2006                                   SB 450
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 1         a means by which the chief judge of each

 2         circuit shall maintain a list of eligible

 3         private vendors to provide electronic

 4         monitoring services; requiring each vendor to

 5         register with the court administrator of the

 6         judicial circuit and pay an annual fee;

 7         creating s. 907.08, F.S.; providing standards

 8         for privately owned electronic monitoring

 9         devices; creating s. 907.09, F.S.; providing

10         criminal penalties for tampering with

11         electronic monitoring devices; providing

12         criminal penalties for cloning the signal of an

13         electronic monitoring device; amending s.

14         948.039, F.S.; allowing a court to require a

15         probation appearance bond; amending s. 948.11,

16         F.S.; allowing private vendors to provide

17         electronic monitoring of offenders subject to

18         community control or probation for violent

19         felonies and sex-related offenses; providing an

20         effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Subsection (6) is added to section 648.387,

25  Florida Statutes, to read:

26         648.387  Primary bail bond agents; duties.--

27         (6)(a)  A licensed bail bond agent may be a vendor of

28  electronic monitoring services. A licensed bail bond agent may

29  also subcontract for services with a third-party vendor of the

30  bail bond agent's choice if the licensed bail bond agent can

31  certify that the equipment and services rendered by the

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    Florida Senate - 2006                                   SB 450
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 1  third-party vendor on the bail bond agent's behalf meet the

 2  requirements of s. 907.07 for monitoring of a defendant for

 3  whom the bail bond agent has provided a criminal surety bail

 4  bond. A defendant may contract with a bail agent other than

 5  the bail agent who provided the surety bond to provide the

 6  electronic monitoring. A licensed bail bond agent may

 7  additionally register with a government entity to provide

 8  electronic monitoring services when monitoring has been

 9  ordered by a court if the electronic monitoring devices meet

10  the requirements of s. 907.07.

11         (b)  A licensed bail bond agent may charge a

12  reasonable, nonrefundable fee for electronic monitoring

13  services from the person who is subject to electronic

14  monitoring. Failure to make timely payment of the fee

15  constitutes grounds for the agent to remand the person to the

16  court or sheriff. Fees charged by a bail bond agent associated

17  with required electronic monitoring services are not

18  considered part of the bail bond premium and are exempt from

19  s. 648.33.

20         (c)  Records and receipts for electronic monitoring

21  provided by a licensed bail bond agent must be kept separate

22  and apart from bail bond records.

23         Section 2.  Section 903.135, Florida Statutes, is

24  created to read:

25         903.135  Probation appearance bond.--As a condition of

26  any probation, community control, or any other court-ordered

27  community supervision for a violent felony or sex-related

28  offense authorized under chapter 948, the court may order the

29  posting of a surety bond to secure the appearance of the

30  defendant at any subsequent court proceeding. The bond may

31  include as a condition thereof that the defendant be placed on

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 1  an electronic monitoring device and be subject to electronic

 2  monitoring services, in the manner and under the conditions

 3  set forth in s. 907.06. The appearance bond must be filed by a

 4  licensed bail agent with the sheriff who shall provide a copy

 5  to the clerk of the court. Upon 72 hours' notice by the clerk

 6  of court, the licensed bail agent shall produce the person on

 7  probation, community control, or other court-ordered community

 8  supervision to the court. A licensed bail agent shall

 9  surrender to the sheriff a person on probation, community

10  control, or court-ordered community supervision upon notice by

11  the probation officer that the person has violated the terms

12  of probation, community control, or court-ordered community

13  supervision. Under this section, notice must be in writing or

14  by electronic data transmission. If the licensed bail agent

15  fails to produce the defendant in the court at the time and

16  place noticed by the court or the clerk of court, the bond

17  shall be estreated and forfeited according to the procedures

18  set forth in this chapter. Failure to appear shall be the sole

19  grounds for forfeiture and estreature of the appearance bond.

20  All remedies for relief and remission set forth in this

21  chapter shall apply. If not inconsistent with this section,

22  this chapter and chapter 648 shall govern the relationship

23  between the bail agent and probationer.

24         Section 3.  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 violent felony or sex-related offense, or who

29  has been charged with any crime but who has been previously

30  convicted of a violent felony or sex-related offense, to be

31  released from custody on a surety bond subject to conditions

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 1  that may include all types of electronic monitoring, if

 2  electronic monitoring is available in the circuit. This

 3  section also applies to persons subject to electronic

 4  monitoring under s. 903.135.

 5         (2)  A defendant required to submit to electronic

 6  monitoring shall pay a reasonable fee for equipment use and

 7  monitoring as a condition of pretrial release. The failure of

 8  the defendant to make timely payment of the fee constitutes a

 9  violation of pretrial release and is grounds for the defendant

10  to be remanded to the court or appropriate sheriff or law

11  enforcement agency.

12         (3)  Electronic monitoring includes services to

13  continuously receive and monitor the electronic signals from

14  the transmitter worn by the defendant so as to be capable of

15  identifying the defendant's geographic position at any time to

16  within 15 meters using Global Positioning Satellite (GPS)

17  technology, subject to the limitations relating to the

18  technology and to circumstances of force majeure. The

19  electronic monitoring services may be undertaken as a primary

20  responsibility by a government entity or by a licensed bail

21  bond agent who may provide bail bond services and have primary

22  responsibility or oversight for electronic monitoring

23  services. A government entity or licensed bail bond agent may

24  subcontract to a third-party vendor for electronic monitoring

25  services if the third-party vendor complies with this

26  subsection and s. 907.08 and operates under the direction and

27  control of the government entity or bond agent with primary

28  responsibility as the vendor for electronic monitoring. A

29  government entity that elects to subcontract for electronic

30  monitoring services shall select such third-party vendor

31  through a competitive bidding process.

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 1         (4)  A provider of electronic monitoring services shall

 2  report forthwith any known violation of the defendant's

 3  pretrial release conditions to the appropriate court, sheriff

 4  or law enforcement agency, state attorney, and licensed bail

 5  agent, if any, within 1 hour. Notwithstanding the foregoing

 6  requirement, the provision of electronic monitoring services

 7  does not constitute an undertaking to protect members of the

 8  public from harm occasioned by a monitored person. The sole

 9  duty owed by a provider of electronic monitoring services is

10  to give a law enforcement officer, upon request, the physical

11  location of the monitored person at any point in time. It is

12  unreasonable for a member of the public to expect a provider

13  of electronic monitoring services to provide protection

14  against harm occasioned by a monitored person. A provider of

15  electronic monitoring services cannot control the activities

16  of a monitored person. A provider of electronic monitoring

17  services is not responsible to other persons for equipment

18  failure or for the criminal acts of a monitored person.

19         (5)  A defendant who has been released in accordance

20  with this section may not alter, tamper with, damage, or

21  destroy any electronic monitoring equipment. A defendant who

22  is notified of a malfunction in the equipment shall

23  immediately cooperate with the vendor to restore the equipment

24  to proper functioning. A violation of this subsection

25  constitutes a violation of pretrial release and grounds for

26  the defendant to be remanded to the court or appropriate

27  sheriff or law enforcement agency.

28         Section 4.  Section 907.07, Florida Statutes, is

29  created to read:

30  

31  

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    Florida Senate - 2006                                   SB 450
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 1         907.07  Vendor requirements for provision of electronic

 2  monitoring services; vendor registration and certification

 3  process.--

 4         (1)  This section does not apply to electronic

 5  monitoring provided directly by the state, a county, or a

 6  sheriff.

 7         (2)  The chief judge of each judicial circuit shall

 8  maintain a list of all eligible vendors of electronic

 9  monitoring in the circuit. To be an eligible vendor, a person

10  must be a licensed bail bond agent in that county who has

11  registered in accordance with this section as a vendor capable

12  of providing electronic monitoring services in that judicial

13  circuit. The chief judge shall place on the list of eligible

14  vendors any licensed bail bond agent in that county who

15  certifies in writing, as part of the vendor registration, that

16  all electronic monitoring equipment and electronic monitoring

17  services shall be operated and maintained in compliance with

18  this section, and who agrees as part of the certification to

19  comply with the terms of this section.

20         (3)  Each vendor must register with the court

21  administrator of the judicial circuit and pay an annual fee of

22  $300. The court administrator shall provide a list of

23  qualified vendors to the chief judge of the judicial circuit.

24         (4)  Only a governmental entity or a licensed bail bond

25  agent who is included on a list of eligible vendors under

26  subsection (2) may undertake primary responsibility as a

27  vendor of electronic monitoring services in a judicial circuit

28  of this state.

29         (5)  A licensed bail bond agent must agree to abide by

30  the following minimum terms as a condition of being included

31  

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    Florida Senate - 2006                                   SB 450
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 1  on the list of eligible vendors of electronic monitoring in a

 2  judicial circuit of this state:

 3         (a)  The vendor must 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         (6)  A vendor shall promptly notify the chief judge in

15  writing of any changes in the vendor's registration

16  information that is required under this section.

17         (7)  Failure to comply with the registration or

18  recertification requirements of this section is grounds for

19  removal from any chief judge's list of eligible vendors for

20  electronic monitoring.

21         (8)  The chief judge may also remove any registered

22  vendor from the list of eligible vendors if the vendor:

23         (a)  Fails to properly monitor any person whom the

24  vendor was required to monitor.

25         (b)  Charges a defendant a clearly excessive fee for

26  use and monitoring of electronic monitoring equipment. Fees

27  are clearly excessive if the fees charged on a per diem basis

28  are at least two times greater than the average fee charged by

29  other vendors on the eligible vendor list who provide

30  comparable electronic monitoring equipment and services in

31  that judicial circuit.

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 1         Section 5.  Section 907.08, Florida Statutes, is

 2  created to read:

 3         907.08  Standards for privately owned electronic

 4  monitoring devices.--A privately owned electronic monitoring

 5  device provided by a vendor must, at a minimum, meet the

 6  standards set forth in this section to be used for electronic

 7  monitoring of a person under s. 907.06 or s. 903.135. A device

 8  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, which signal

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 15 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 15

19  meters, recording the defendant's physical locations

20  throughout the day, and capable of transmitting that record of

21  locations to the vendor at least daily.

22         (3)  If the unit is affixed to the defendant, possess

23  an internal power source that provides a minimum of 1 year of

24  normal operation without need for recharging or replacing the

25  power source. The device must emit signal content that

26  indicates the power status of the transmitter and provides the

27  vendor with notification of whether the power source needs to

28  be recharged 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, water and

 4  moisture proof, 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 which are capable of being

14  adjusted to fit a defendant of any size or made available in a

15  variety of sizes.

16         Section 6.  Section 907.09, Florida Statutes, is

17  created to read:

18         907.09  Offenses related to electronic monitoring

19  devices.--

20         (1)  A person may not intentionally alter, tamper with,

21  damage, or destroy any electronic monitoring equipment used to

22  monitor the location of a person under court order, unless the

23  person is the owner of the equipment or an agent of the owner

24  performing ordinary maintenance and repairs. A person who

25  violates this subsection commits a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         (2)  A person may not develop, build, create, possess,

29  or use any device that is intended to mimic, clone, interfere

30  with, or jam the signal of an electronic monitoring device

31  used to monitor the location of a person under court order. A

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 1  person who violates this subsection commits a felony of the

 2  third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084.

 4         Section 7.  Subsection (3) is added to section 948.039,

 5  Florida Statutes, to read:

 6         948.039  Special terms and conditions of probation or

 7  community control imposed by court order.--The court may

 8  determine any special terms and conditions of probation or

 9  community control. The terms and conditions should be

10  reasonably related to the circumstances of the offense

11  committed and appropriate for the offender. The court shall

12  impose the special terms and conditions by oral pronouncement

13  at sentencing and include the terms and conditions in the

14  written sentencing order. Special terms and conditions may

15  include, but are not limited to, requirements that the

16  offender:

17         (3)  Effective October 1, 2006, and applicable for

18  violent felonies and sex-related offenses committed on or

19  after that date, the court may order the posting of a

20  probation bond under s. 903.135 to secure the appearance of

21  the offender at any subsequent court proceeding. The bond may

22  include as a condition thereof that the offender be placed on

23  an electronic monitoring device and subject to electronic

24  monitoring services, in a like manner and under like

25  conditions as in s. 907.06. The offender shall be ordered to

26  pay the reasonable cost of the electronic monitoring service.

27         Section 8.  Subsection (8) is added to section 948.11,

28  Florida Statutes, to read:

29         948.11  Electronic monitoring devices.--

30         (8)  Any offender sentenced to community control or

31  probation for a violent felony or sex-related offense, and

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 1  required to submit to electronic monitoring under statute,

 2  court order, or the discretion of the Department of

 3  Corrections may be referred by the department to a vendor who

 4  has been selected through a competitive bidding process to

 5  provide electronic monitoring services, subject to the

 6  requirements of s. 907.07. Notwithstanding subsection (5) and

 7  s. 948.09(2), the offender is responsible for the cost of

 8  monitoring and shall pay the costs directly to the vendor. A

 9  vendor shall report noncompliance to the assigned probation

10  officer or community control officer under the procedures

11  applicable to the Department of Corrections under subsection

12  (3). If an offender fails to timely pay any cost related to

13  electronic monitoring services to the vendor, the vendor may

14  file an affidavit of nonpayment with the department and, upon

15  receipt of the affidavit, the department shall proceed with a

16  violation of the probation or community control.

17         Section 9.  This act shall take effect October 1, 2006.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes bail bond agents to be vendors of electronic
      monitoring services, to contract with third-party vendors
 4    to provide electronic monitoring of pretrial releasees,
      to register with a government entity to provide
 5    electronic monitoring services, and to collect a fee for
      electronic monitoring services. Provides that failure to
 6    make timely payment of fees constitutes grounds to
      remand. Authorizes issuing a probation appearance bond
 7    for certain offenders. Provides for electronic monitoring
      of a person subject to a probation appearance bond.
 8    Provides procedures to revoke a bond. Provides for
      electronic monitoring of persons on pretrial release.
 9    Requires the person monitored to pay fees. Prohibits a
      person being monitored from tampering with monitoring
10    equipment. Requires the chief judge of each circuit to
      maintain a list of eligible private vendors to provide
11    electronic monitoring services. Requires each vendor to
      register with the court administrator of the judicial
12    circuit and to pay an annual fee. Provides standards for
      privately owned electronic monitoring devices. Provides
13    criminal penalties for tampering with electronic
      monitoring devices. Permits a court to require a
14    probation appearance bond. Allows private vendors to
      provide electronic monitoring of offenders subject to
15    community control or probation for violent felonies and
      sex-related offenses.
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