HB 591

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 governmental entity to provide electronic
9monitoring services in certain circumstances; authorizing
10such agents to collect a fee for electronic monitoring
11services; providing that failure to timely pay fees
12constitutes grounds to remand; providing that such fees
13are exempt from specified premium requirements; creating
14s. 903.135, F.S.; authorizing issuance of a probation
15appearance bond for certain offenders; authorizing
16electronic monitoring of a person subject to a probation
17appearance bond; providing procedures for revocation of
18the bond; providing application; creating s. 907.06, F.S.;
19providing for electronic monitoring of persons on pretrial
20release; requiring the monitored person to pay fees;
21providing that provision of electronic monitoring
22equipment and services is not an undertaking to protect
23members of the public from harm occasioned by a monitored
24person; prohibiting a person being monitored from
25tampering with monitoring equipment; creating s. 907.07,
26F.S.; requiring the chief judge of each circuit to
27maintain a list of eligible private vendors for provision
28of electronic monitoring services; requiring registration
29of such vendors and certification of electronic monitoring
30devices; providing grounds for removal from the list;
31creating s. 907.08, F.S.; providing standards for
32privately owned electronic monitoring devices; creating s.
33907.09, F.S.; providing criminal penalties for tampering
34with electronic monitoring devices; providing criminal
35penalties for cloning the signal of an electronic
36monitoring device; providing criminal penalties for the
37alteration or destruction of data stored or transmitted by
38an electronic monitoring device with specified intent;
39amending s. 948.039, F.S.; allowing a court to require a
40probation appearance bond as a condition of probation or
41community control for certain offenses; authorizing the
42bond to include the condition of electronic monitoring and
43requiring the offender to pay the reasonable cost of such
44monitoring; amending s. 948.11, F.S.; allowing private
45vendors to provide electronic monitoring of offenders
46subject to community control or probation for violent
47felonies and sex-related offenses; requiring the offender
48to pay the cost of such monitoring to the vendor;
49requiring the vendor to report noncompliance; providing
50that noncompliance is a violation of probation or
51community control; creating ss. 944.161 and 985.4047,
52F.S.; providing for electronic monitoring of inmates
53within correctional facilities and juvenile offenders
54within juvenile facilities, respectively; requiring such
55monitoring of certain employees and visitors to such
56facilities; providing system requirements; prohibiting
57specified actions relating to such monitoring systems and
58data from such systems; providing penalties; providing
59rulemaking authority; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Subsection (6) is added to section 648.387,
64Florida Statutes, to read:
65     648.387  Primary bail bond agents; duties; electronic
66monitoring services by licensed bail bond agents.--
67     (6)(a)  A licensed bail bond agent may be a vendor of
68electronic monitoring services. A licensed bail bond agent may
69also subcontract for such services with a third-party vendor of
70the bail bond agent's choice provided the licensed bail bond
71agent can certify that the equipment and services rendered by
72such third-party vendor on the bail bond agent's behalf meet the
73requirements of s. 907.07 for monitoring of a defendant for whom
74the bail bond agent has provided a criminal surety bail bond. A
75licensed bail bond agent may additionally register with a
76governmental entity to provide electronic monitoring services
77when monitoring has been ordered by a court if the electronic
78monitoring devices meet the requirements of s. 907.07.
79     (b)  A licensed bail bond agent may charge a reasonable,
80nonrefundable fee for electronic monitoring services from a
81person who is subject to electronic monitoring. Failure to
82timely pay such fees constitutes grounds for the agent to remand
83such person to the court or sheriff. Fees charged by a bail bond
84agent associated with required electronic monitoring services
85are not considered part of the bail bond premium and shall be
86exempt from the provisions of s. 648.33.
87     (c)  Records and receipts for electronic monitoring
88provided by a licensed bail bond agent shall be kept separate
89and apart from bail bond records.
90     Section 2.  Section 903.135, Florida Statutes, is created
91to read:
92     903.135  Probation appearance bond.--As a condition of
93probation, community control, or any other court-ordered
94community supervision for a violent felony or sex-related
95offense authorized pursuant to chapter 948, the court may order
96the posting of a surety bond to secure the appearance of the
97defendant at any subsequent court proceeding. Such bond may
98include a condition that the defendant be placed on an
99electronic monitoring device and be subject to electronic
100monitoring services, in a like manner and under like conditions
101as set forth in s. 907.06. The appearance bond shall be filed by
102a licensed bail bond agent with the sheriff who shall provide a
103copy to the clerk of the court. Upon 72 hours' notice by the
104clerk of court, the licensed bail bond agent shall produce the
105person on probation, community control, or other court-ordered
106community supervision to the court. The licensed bail bond agent
107shall surrender to the sheriff a person on probation, community
108control, or court-ordered community supervision upon notice by
109the probation officer that the person has violated the terms of
110probation, community control, or court-ordered community
111supervision. Under this section, notice shall be in writing or
112by electronic data transmission. If the licensed bail bond agent
113fails to produce the defendant in the court at the time noticed
114by the court or the clerk of court, the bond shall be estreated
115and forfeited according to the procedures set forth in this
116chapter. Failure to appear shall be the sole grounds for
117forfeiture and estreature of the appearance bond. Where not
118inconsistent with this section, this chapter and chapter 648
119shall regulate the relationship between the bail bond agent and
120the probationer.
121     Section 3.  Section 907.06, Florida Statutes, is created to
122read:
123     907.06  Electronic monitoring.--
124     (1)  The court may order a defendant who has been charged
125with a violent felony or sex-related offense, or who has been
126charged with any crime and who has been previously convicted of
127a violent felony or sex-related offense, to be released from
128custody on a surety bond subject to conditions that include,
129without limitation, electronic monitoring, if electronic
130monitoring is available in the jurisdiction. This section also
131applies to persons subject to electronic monitoring pursuant to
132s. 903.135.
133     (2)  A defendant required to submit to electronic
134monitoring shall pay a reasonable fee for equipment use and
135monitoring as an additional condition of pretrial release. The
136failure of the defendant to timely pay such fees constitutes a
137violation of pretrial release and grounds for the defendant to
138be remanded to the court or appropriate sheriff or law
139enforcement agency.
140     (3)  Electronic monitoring shall include the provision of
141services to continuously receive and monitor the electronic
142signals from the transmitter worn by the defendant so as to be
143capable of identifying the defendant's geographic position at
144any time to within 9 meters using Global Positioning Satellite
145(GPS) technology, subject to the limitations related to the
146technology and to circumstances of force majeure. Such
147electronic monitoring services may be undertaken as a primary
148responsibility by a governmental entity or by a licensed bail
149bond agent who may provide both bail bond services and have
150primary responsibility or oversight for electronic monitoring
151services. A governmental entity or licensed bail bond agent may
152subcontract to a third-party vendor for electronic monitoring
153services provided such third-party vendor complies with all
154provisions of this subsection and s. 907.08, and operates under
155the direction and control of the governmental entity or licensed
156bail bond agent with primary responsibility as the vendor for
157electronic monitoring. A governmental entity that elects to
158subcontract for electronic monitoring services shall be required
159to select such third-party vendor through a competitive bidding
160process.
161     (4)(a)  Any person who provides electronic monitoring
162services shall report forthwith any known violation of the
163defendant's pretrial release conditions to the appropriate
164court, sheriff or law enforcement agency, state attorney, and
165licensed bail bond agent, if any.
166     (b)1.  Notwithstanding paragraph (a), the provision of
167electronic monitoring services shall not be deemed to constitute
168an undertaking to protect members of the public from harm
169occasioned by a monitored person. The sole duty owed by a person
170who provides electronic monitoring is to give a law enforcement
171officer, upon request, an indication of the physical location of
172the monitored person at any point in time.
173     2.  A person who provides electronic monitoring is not
174responsible to other persons for equipment failure or for the
175criminal acts of a monitored person. A provider of electronic
176monitoring services cannot control the activities of a monitored
177person. It is unreasonable for any member of the public to
178expect that a provider of electronic monitoring services will
179provide protection against harm occasioned by a monitored
180person.
181     (5)  A defendant who has been released in accordance with
182this section shall not alter, tamper with, damage, or destroy
183any electronic monitoring equipment or data recorded by such
184equipment. A defendant who is notified of a malfunction in the
185equipment shall immediately cooperate with the vendor in
186restoring the equipment to proper functioning. A violation of
187this subsection constitutes a violation of pretrial release and
188grounds for the defendant to be remanded to the court or
189appropriate sheriff or law enforcement agency.
190     Section 4.  Section 907.07, Florida Statutes, is created to
191read:
192     907.07  Vendor requirements for provision of electronic
193monitoring services; vendor registration and certification
194process.--
195     (1)  This section shall not apply to electronic monitoring
196provided directly by the state, a county, or a sheriff.
197     (2)  The chief judge of each judicial circuit shall
198maintain a list of all eligible vendors of electronic monitoring
199in the circuit. To be an eligible vendor, a person must be a
200licensed bail bond agent in this state who has registered in
201accordance with this section as a vendor capable of providing
202electronic monitoring services in that judicial circuit. The
203chief judge shall place on such list of eligible vendors any
204licensed bail bond agent in this state who certifies in writing,
205as part of the vendor registration, that all electronic
206monitoring equipment and electronic monitoring services shall be
207operated and maintained in compliance with this section, and who
208agrees as part of such certification to comply with the terms of
209this section.
210     (3)  Only a governmental entity or a licensed bail bond
211agent who is included on a list of eligible vendors under
212subsection (2) shall be permitted to undertake primary
213responsibility as a vendor of electronic monitoring services in
214a judicial circuit of this state.
215     (4)  A licensed bail bond agent shall agree to abide by the
216following minimum terms as a condition of being included on the
217list of eligible vendors of electronic monitoring in a given
218judicial circuit of this state:
219     (a)  The vendor shall register in writing the name of the
220vendor, who must be a licensed bail bond agent in this state;
221the name of an individual employed by the vendor who is to serve
222as a contact person for the vendor; the address of the vendor;
223and the telephone number of the contact person.
224     (b)  The vendor must initially certify as part of the
225registration, and must certify in writing at least annually
226thereafter on a date set by the chief judge, that all of the
227electronic monitoring devices used by the vendor and any of the
228vendor's subcontractors comply with the requirements for
229privately owned electronic monitoring devices in s. 907.08.
230     (5)  A vendor shall promptly notify the chief judge of any
231changes in the vendor's registration information that is
232required under this section.
233     (6)  Failure to comply with the registration or
234recertification requirements of this section shall be grounds
235for removal from any chief judge's list of eligible vendors for
236electronic monitoring.
237     (7)  The chief judge, in his or her discretion, may also
238remove any registered vendor from the list of eligible vendors
239if the vendor:
240     (a)  Fails to properly monitor any person that the vendor
241was required to monitor; or
242     (b)  Charges a defendant a clearly excessive fee for use
243and monitoring of electronic monitoring equipment. Such fees
244shall be considered clearly excessive if the fees charged on a
245per diem basis are at least twice the average fee charged by
246other vendors on the eligible vendor list who provide comparable
247electronic monitoring equipment and services in that judicial
248circuit.
249     Section 5.  Section 907.08, Florida Statutes, is created to
250read:
251     907.08  Standards for privately owned electronic monitoring
252devices.--A privately owned electronic monitoring device
253provided by a vendor must, at a minimum, meet the standards set
254forth in this section to be used for electronic monitoring of a
255person under s. 907.06 or s. 903.135. A device must:
256     (1)  Be a transmitter unit that meets certification
257standards approved by the Federal Communications Commission.
258     (2)  At the court's discretion, either:
259     (a)  Emit signal content 24 hours per day that identifies
260the specific device being worn by the defendant and the
261defendant's physical location using Global Positioning Satellite
262(GPS) technology accurate to within 9 meters; or
263     (b)  Receive signal content 24 hours per day, determining
264the defendant's physical location using Global Positioning
265Satellite (GPS) technology accurate to within 9 meters,
266recording the defendant's physical locations throughout the day,
267and being capable of transmitting that record of locations to
268the vendor at least daily.
269     (3)  A unit affixed to the defendant must possess an
270internal power source that provides a minimum of 1 year of
271normal operation without recharging or replacing the power
272source. The device must emit signal content that indicates its
273power status and provides the vendor with notification of
274whether the power source needs to be recharged or replaced.
275     (4)  Possess and emit signal content that indicates whether
276the transmitter has been subjected to tampering or removal.
277     (5)  Possess encrypted signal content or another feature
278designed to discourage duplication.
279     (6)  Be of a design that is shock resistant, waterproof,
280and capable of reliable function under normal atmospheric and
281environmental conditions.
282     (7)  Be capable of wear and use in a manner that does not
283pose a safety hazard or unduly restrict the activities of the
284defendant.
285     (8)  Be capable of being attached to the defendant in a
286manner that readily reveals any efforts to tamper with or remove
287the transmitter upon visual inspection.
288     (9)  Use straps or other mechanisms for attaching the
289transmitter to the defendant that are either capable of being
290adjusted to fit a defendant of any size or that are made
291available in a variety of sizes.
292     Section 6.  Section 907.09, Florida Statutes, is created to
293read:
294     907.09  Offenses related to electronic monitoring
295devices.--
296     (1)  It is illegal for any person to intentionally alter,
297tamper with, damage, or destroy any electronic monitoring
298equipment used for monitoring the location of a person pursuant
299to court order, unless such person is the owner of the equipment
300or an agent of the owner performing ordinary maintenance and
301repairs. A person who violates this subsection commits a felony
302of the third degree, punishable as provided in s. 775.082, s.
303775.083, or s. 775.084.
304     (2)  It is illegal for any person to develop, build,
305create, possess, or use any device that is intended to mimic,
306clone, interfere with, or jam the signal of an electronic
307monitoring device used to monitor the location of a person
308pursuant to court order. A person who violates this subsection
309commits a felony of the second degree, punishable as provided in
310s. 775.082, s. 775.083, or s. 775.084.
311     (3)  A person may not intentionally alter, tamper with,
312damage, or destroy any data stored or transmitted by any
313electronic monitoring equipment used for monitoring the location
314of a person pursuant to court order with the intent to violate
315such court order or to conceal such a violation. A person who
316violates this subsection commits a felony of the third degree,
317punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
318     Section 7.  Subsection (3) is added to section 948.039,
319Florida Statutes, to read:
320     948.039  Special terms and conditions of probation or
321community control imposed by court order.--The court may
322determine any special terms and conditions of probation or
323community control. The terms and conditions should be reasonably
324related to the circumstances of the offense committed and
325appropriate for the offender. The court shall impose the special
326terms and conditions by oral pronouncement at sentencing and
327include the terms and conditions in the written sentencing
328order. Special terms and conditions may include, but are not
329limited to, requirements that the offender:
330     (3)  Effective October 1, 2006, and applicable for violent
331felonies and sex-related offenses committed on or after that
332date, the court may order the posting of a probation bond
333pursuant to s. 903.135 to secure the appearance of the offender
334at any subsequent court proceeding. Such bond may include a
335condition that the offender be placed on an electronic
336monitoring device and be subject to electronic monitoring
337services, in a like manner and under like conditions as in s.
338907.06. The offender shall be ordered to pay the reasonable cost
339of the electronic monitoring service.
340     Section 8.  Subsection (6) of section 948.11, Florida
341Statutes, is amended to read:
342     948.11  Electronic monitoring devices.--
343     (6)  Any offender sentenced to community control or
344probation for a violent felony or sex-related offense and
345required to submit to electronic monitoring pursuant to statute,
346court order, or the discretion of the Department of Corrections
347may be referred by the department to a vendor who has been
348selected through a competitive bidding process for the provision
349of electronic monitoring services, subject to the requirements
350of s. 907.07. Notwithstanding subsection (5) and s. 948.09(2),
351such offender shall be responsible for the cost of monitoring
352and shall pay the cost directly to the vendor. A vendor shall
353report noncompliance to the assigned probation officer or
354community control officer pursuant to the procedures applicable
355to the Department of Corrections under subsection (3). If an
356offender fails to timely pay any cost related to electronic
357monitoring services to the vendor, the vendor may file an
358affidavit of nonpayment with the department and, upon receipt of
359the affidavit, the department shall charge the offender with a
360violation of the probation or community control For
361probationers, community controllees, or conditional releasees
362who have current or prior convictions for violent or sexual
363offenses, the department, in carrying out a court or commission
364order to electronically monitor an offender, must use a system
365that actively monitors and identifies the offender's location
366and timely reports or records the offender's presence near or
367within a crime scene or in a prohibited area or the offender's
368departure from specified geographic limitations. Procurement of
369electronic monitoring services under this subsection shall be by
370invitation to bid as defined in s. 287.057.
371     Section 9.  Section 944.161, Florida Statutes, is created
372to read:
373     944.161  Electronic monitoring of inmates within
374correctional facilities.--
375     (1)  The department is authorized and encouraged to employ
376electronic monitoring of inmates within its custody who are
377incarcerated within state and private correctional facilities.
378     (a)  Electronic monitoring services must have the
379capability to continuously receive and monitor electronic
380signals from a transmitter worn by an inmate so as to
381continuously monitor the inmate in real time and identify the
382inmate's specific geographic position within the facility at any
383time. Such transmitters must update in at least 5-second
384intervals and monitor the inmate to within at least a 15-foot
385radius of his or her actual location indoors using Radio
386Frequency Identification (RFID) technology, subject to the
387limitations relating to such technology and to circumstances of
388force majeure.
389     (b)  Any electronic monitoring system employed shall also
390provide transmitters to be worn by department employees,
391employees of private-sector companies contracted to operate
392correctional facilities, and any visitors to correctional
393facilities who are provided access to areas that are designated
394for authorized personnel only. Such transmitters shall include a
395panic safety button and must have the capability to continuously
396receive and monitor electronic signals from a transmitter worn
397by an employee or visitor so as to continuously monitor
398employees and visitors in real time and identify their specific
399geographic positions at any time. Such transmitters must update
400in at least 5-second intervals and monitor employees and
401visitors to within a 15-foot radius of their actual location
402indoors using Radio Frequency Identification (RFID) technology,
403subject to the limitations relating to such technology and to
404circumstances of force majeure.
405     (c)  Any RFID electronic monitoring system employed shall
406also have the following technological and functional
407capabilities:
408     1.  Be compatible with a commercially recognized wireless
409network access standard as designated by the department and have
410sufficient bandwidth to support additional wireless networking
411devices in order to increase the capacity for usage of the
412system by the correctional facility.
413     2.  Be capable of using an encrypted bar code label or
414similar unique identification label with a unique ID that can be
415used to track pharmaceuticals and meals administered to inmates,
416act as a time clock for work details within a correctional
417facility, record attendance in classes or other required
418activities, and act as an auditor for vendor contract
419compliance.
420     3.  Be capable of issuing an alarm to an internal
421correctional monitoring station within 3 seconds after receiving
422a panic alert from an employee or visitor transmitter or within
4233 seconds after violation of the established parameters for
424permissible movement of inmates, employees, and visitors within
425the facility.
426     4.a.  Be capable of maintaining a historical storage
427capacity sufficient to store up to 6 months of complete inmate,
428employee, and visitor tracking for purposes of followup
429investigations and vendor contract auditing. The system must be
430capable of recording for such purposes the continuous
431uninterrupted movement of all monitored individuals, including
432those in close proximity to any selected individual, by specific
433position, not by area or zone. Such historical information must
434also be capable of being archived by means of electronic data
435transfer to a permanent storage medium designated as acceptable
436by the department.
437     b.  In addition, data collected from each facility each day
438shall be electronically transmitted to an offsite central
439clearinghouse designated by the department where the data shall
440be maintained in a secure storage location in a permanent
441storage medium designated as acceptable by the department as a
442supplemental backup in order to protect the archived data from
443alteration and to prevent loss due to disaster or other cause.
444     5.  With respect to a unit affixed to an inmate, be capable
445of possessing an internal power source that is field
446rechargeable or that provides a minimum of 1 year of normal
447operation without need for recharging or replacing the power
448source. Batteries used in units must be replaceable by
449correctional employees. The device must emit signal content that
450indicates the power status of the transmitter and provides the
451correctional facility monitoring station with notification of
452whether the power source needs to be recharged or replaced.
453     6.  Possess and emit signal content that indicates whether
454the transmitter has been subjected to tampering or removal.
455     7.  Possess encrypted signal content or another feature
456designed to discourage duplication.
457     8.  Be of a design that is shock resistant, waterproof, and
458capable of reliable function under normal atmospheric and
459environmental conditions.
460     9.  Be capable of wear and use in a manner that does not
461pose a safety hazard or unduly restrict the activities of the
462inmate.
463     10.  Be capable of being attached to the inmate in a manner
464that readily reveals any efforts to tamper with or remove the
465transmitter upon visual inspection.
466     11.  Either posses straps or other mechanisms for attaching
467the transmitter to the inmate which are capable of being
468adjusted to fit an inmate of any size or must be made available
469in a variety of sizes.
470     12.  Be designed and constructed in such a way as to resist
471tampering with or removal by the inmate.
472     13.  Provide a backup power source in the event of a power
473failure.
474     (2)  A person may not intentionally alter, tamper with,
475damage, or destroy any electronic monitoring equipment used to
476monitor the location of a person within a correctional facility,
477unless the person is the owner of the equipment or an agent of
478the owner performing ordinary maintenance and repairs. A person
479who violates this subsection commits a felony of the third
480degree, punishable as provided in s. 775.082, s. 775.083, or s.
481775.084.
482     (3)  A person may not develop, build, create, possess, or
483use any device that is intended to mimic, clone, interfere with,
484or jam the signal of an electronic monitoring device used to
485monitor the location of a person within a correctional facility.
486A person who violates this subsection commits a felony of the
487third degree, punishable as provided in s. 775.082, s.
488775.083, or s. 775.084.
489     (4)  A person may not intentionally alter, tamper with,
490damage, or destroy any data stored pursuant to subparagraph
491(1)(c)4. unless done so with written permission from an
492authorized official of the department or in compliance with a
493data-retention policy of the department adopted by rule. A
494person who violates this subsection commits a felony of the
495third degree, punishable as provided in s. 775.082, s. 775.083,
496or s. 775.084.
497     (5)  The department is authorized to adopt rules pursuant
498to ss. 120.536(1) and 120.54 to implement the provisions of this
499section.
500     Section 10.  Section 985.4047, Florida Statutes, is created
501to read:
502     985.4047  Electronic monitoring of juvenile offenders
503within juvenile facilities.--
504     (1)  The department is authorized and encouraged to employ
505electronic monitoring of juvenile offenders within its custody
506who are incarcerated within state and private juvenile offender
507facilities for the purpose or reducing offender on offender
508violence and reducing employee sexual misconduct as defined in
509s. 985.4045.
510     (a)  Electronic monitoring services must have the
511capability to continuously receive and monitor electronic
512signals from a transmitter worn by a juvenile offender so as to
513continuously monitor an offender in real time and identify at
514any time the offender's specific geographic position within the
515facility. Such transmitters must update in at least 5-second
516intervals and monitor the offender to within at least a 15-foot
517radius of his or her actual location indoors using Radio
518Frequency Identification (RFID) technology, subject to the
519limitations relating to such technology and to circumstances of
520force majeure.
521     (b)  Any electronic monitoring system employed shall also
522provide transmitters to be worn by department employees,
523employees of private-sector companies contracted to operate
524juvenile facilities, and any visitors to juvenile facilities who
525are provided access to areas that are designated for authorized
526personnel only. Such transmitters shall include a panic button
527and must have the capability to continuously receive and monitor
528electronic signals from a transmitter worn by an employee or
529visitor so as to continuously monitor employees and visitors in
530real time and identify their specific geographic positions at
531any time. Such transmitters must update in at least 5-second
532intervals and monitor employees and visitors to within a 15-foot
533radius of their actual location indoors using Radio Frequency
534Identification (RFID) technology, subject to the limitations
535relating to such technology and to circumstances of force
536majeure.
537     (c)  Any RFID electronic monitoring system employed shall
538also:
539     1.  Be compatible with a commercially recognized wireless
540network access standard as designated by the department and have
541sufficient bandwidth to support additional wireless networking
542devices in order to increase the capacity for usage of the
543system by the facility.
544     2.  Be capable of using an encrypted bar code label or
545similar unique identification label with a unique ID that can be
546used to track pharmaceuticals and meals administered to
547juveniles, record attendance in classes or other required
548activities, and act as an auditor for vendor contract
549compliance.
550     3.  Be capable of issuing an alarm to an internal facility
551monitoring station within 3 seconds after receiving a panic
552alert from an employee or visitor transmitter or within 3
553seconds after violation of the established parameters for
554permissible movement of offenders, employees, and visitors
555within the facility.
556     4.a.  Be capable of maintaining a historical storage
557capacity sufficient to store up to 6 months of complete
558offender, employee, and visitor tracking for purposes of
559followup investigations and vendor contract auditing. The system
560must be capable of recording for such purposes the continuous
561uninterrupted movement of all monitored individuals, including
562those in close proximity to any selected individual, by specific
563position, not by area or zone. Such historical information must
564also be capable of being archived by means of electronic data
565transfer to a permanent storage medium designated as acceptable
566by the department.
567     b.  In addition, data collected from each facility each day
568shall be electronically transmitted to an offsite central
569clearinghouse designated by the department where the data shall
570be maintained in a secure storage location in a permanent
571storage medium designated as acceptable by the department as a
572supplemental backup in order to protect the archived data from
573alteration and to prevent loss due to disaster or other cause.
574     5.  With respect to a unit affixed to an offender, be
575capable of possessing an internal power source that is field
576rechargeable or that provides a minimum of 1 year of normal
577operation without need for recharging or replacing the power
578source and batteries must be replaceable by facility employees.
579The device must emit signal content that indicates the power
580status of the transmitter and provides the facility monitoring
581station with notification of whether the power source needs to
582be recharged or replaced.
583     6.  Possess and emit signal content that indicates whether
584the transmitter has been subjected to tampering or removal.
585     7.  Possess encrypted signal content or another feature
586designed to discourage duplication.
587     8.  Be of a design that is shock resistant, waterproof, and
588capable of reliable function under normal atmospheric and
589environmental conditions.
590     9.  Be capable of wear and use in a manner that does not
591pose a safety hazard or unduly restrict the activities of the
592offender.
593     10.  Be capable of being attached to the offender in a
594manner that readily reveals any efforts to tamper with or remove
595the transmitter upon visual inspection.
596     11.  Either possess straps or other mechanisms for
597attaching the transmitter to the offender which are capable of
598being adjusted to fit an offender of any size or must be made
599available in a variety of sizes.
600     12.  Be designed and constructed in such a way as to resist
601tampering with or removal by the offender.
602     13.  Provide a backup power source in the event of a power
603failure.
604     (2)  A person may not intentionally alter, tamper with,
605damage, or destroy any electronic monitoring equipment used to
606monitor the location of a person within a juvenile facility,
607unless the person is the owner of the equipment or an agent of
608the owner performing ordinary maintenance and repairs. A person
609who violates this subsection commits a felony of the third
610degree, punishable as provided in s. 775.082, s. 775.083, or s.
611775.084.
612     (3)  A person may not develop, build, create, possess, or
613use any device that is intended to mimic, clone, interfere with,
614or jam the signal of an electronic monitoring device used to
615monitor the location of a person within a juvenile facility. A
616person who violates this subsection commits a felony of the
617third degree, punishable as provided in s. 775.082, s. 775.083,
618or s. 775.084.
619     (4)  A person may not intentionally alter, tamper with,
620damage, or destroy any data stored pursuant to subparagraph
621(1)(c)4. unless done so with written permission from an
622authorized official of the department or in compliance with a
623data-retention policy of the department adopted by rule. A
624person who violates this subsection commits a felony of the
625third degree, punishable as provided in s. 775.082, s. 775.083,
626or s. 775.084.
627     (5)  The department is authorized to adopt rules pursuant
628to ss. 120.536(1) and 120.54 to implement the provisions of this
629section.
630     Section 11.  This act shall take effect October 1, 2006.


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