HB 0591

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to electronic monitoring; amending s.
7	648.387, F.S.; authorizing bail bond agents to be vendors
8	of electronic monitoring services; authorizing bail bond
9	agents to contract with third-party vendors to provide
10	electronic monitoring of pretrial releasees in certain
11	circumstances; authorizing bail bond agents to register
12	with a governmental entity to provide electronic
13	monitoring services in certain circumstances; authorizing
14	such agents to collect a fee for electronic monitoring
15	services; providing that failure to timely pay fees
16	constitutes grounds to remand; providing that such fees
17	are exempt from specified premium requirements; creating
18	s. 907.06, F.S.; providing for electronic monitoring of
19	certain persons on pretrial release; requiring the
20	monitored person to pay fees; providing that provision of
21	electronic monitoring equipment and services is not an
22	undertaking to protect members of the public from harm
23	occasioned by a monitored person; prohibiting a person
24	being monitored from tampering with monitoring equipment;
25	creating s. 907.07, F.S.; requiring the chief judge of
26	each circuit to maintain a list of licensed bail bond
27	agents who are eligible private vendors for provision of
28	electronic monitoring services; requiring registration of
29	such vendors and certification of electronic monitoring
30	devices; providing grounds for removal from the list;
31	creating s. 907.08, F.S.; providing standards for
32	privately owned electronic monitoring devices; creating s.
33	907.09, F.S.; providing criminal penalties for tampering
34	with electronic monitoring devices; providing criminal
35	penalties for cloning or jamming the signal of an
36	electronic monitoring device; providing criminal penalties
37	for the alteration or destruction of data stored or
38	transmitted by an electronic monitoring device with
39	specified intent; creating ss. 944.161 and 985.4047, F.S.;
40	providing for electronic monitoring of inmates within
41	correctional facilities and juvenile offenders within
42	juvenile facilities, respectively; requiring such
43	monitoring of certain employees and visitors to such
44	facilities; providing system requirements; prohibiting
45	specified actions relating to such monitoring systems and
46	data from such systems; providing penalties; providing
47	rulemaking authority; providing an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Subsection (6) is added to section 648.387,
52	Florida Statutes, to read:
53	648.387  Primary bail bond agents; duties; electronic
54	monitoring services by licensed bail bond agents.--
55	(6)(a)  A licensed bail bond agent who meets the
56	requirements of s. 907.07 may be a vendor of electronic
57	monitoring services. A licensed bail bond agent may also
58	subcontract for such services with a third-party vendor of the
59	bail bond agent's choice provided the licensed bail bond agent
60	can certify that the equipment and services rendered by such
61	third-party vendor on the bail bond agent's behalf meet the
62	requirements of s. 907.07 for monitoring of a defendant for whom
63	the bail bond agent has provided a criminal surety bail bond. A
64	licensed bail bond agent who meets the requirements of s. 907.07
65	may additionally register with a governmental entity to provide
66	electronic monitoring services when monitoring has been ordered
67	by a court.
68	(b)  A licensed bail bond agent may charge a reasonable,
69	nonrefundable fee for electronic monitoring services from a
70	person who is subject to electronic monitoring. Failure to
71	timely pay such fees constitutes grounds for the agent to remand
72	such person to the court or sheriff. Fees charged by a bail bond
73	agent associated with required electronic monitoring services
74	are not considered part of the bail bond premium and shall be
75	exempt from the provisions of s. 648.33.
76	(c)  Records and receipts for electronic monitoring
77	provided by a licensed bail bond agent shall be kept separate
78	and apart from bail bond records.
79	Section 2.  Section 907.06, Florida Statutes, is created to
80	read:
81	907.06  Electronic monitoring.--
82	(1)  The court may order a defendant who has been charged
83	with a forcible felony, as defined in s. 776.08, or a sex-
84	related offense, or who has been charged with any crime and who
85	has been previously convicted of a forcible felony or a sex-
86	related offense, to be released from custody on a surety bond
87	subject to conditions that include, without limitation,
88	electronic monitoring, if electronic monitoring is available in
89	the jurisdiction. For purposes of this section, the term "sex-
90	related offense" includes any of the offenses contained in s.
91	943.0435(1)(a)1.
92	(2)  A defendant required to submit to electronic
93	monitoring shall pay a reasonable fee for equipment use and
94	monitoring as an additional condition of pretrial release. The
95	failure of the defendant to timely pay such fees constitutes a
96	violation of pretrial release and grounds for the defendant to
97	be remanded to the court or appropriate sheriff or law
98	enforcement agency.
99	(3)  Electronic monitoring shall include the provision of
100	services to continuously receive and monitor the electronic
101	signals from the transmitter worn by the defendant so as to be
102	capable of identifying the defendant's geographic position at
103	any time to within 9 meters using Global Positioning Satellite
104	(GPS) technology, subject to the limitations related to the
105	technology and to circumstances of force majeure. Such
106	electronic monitoring services may be undertaken as a primary
107	responsibility by a governmental entity or by a licensed bail
108	bond agent who may provide both bail bond services and have
109	primary responsibility or oversight for electronic monitoring
110	services. A governmental entity or licensed bail bond agent may
111	subcontract to a third-party vendor for electronic monitoring
112	services, provided such third-party vendor complies with all
113	provisions of this subsection and s. 907.08 and operates under
114	the direction and control of the governmental entity or licensed
115	bail bond agent with primary responsibility as the vendor for
116	electronic monitoring. A governmental entity that elects to
117	subcontract for electronic monitoring services shall be required
118	to select such third-party vendor through a competitive bidding
119	process.
120	(4)(a)  Any person who provides electronic monitoring
121	services shall report forthwith any known violation of the
122	defendant's pretrial release conditions to the appropriate
123	court, sheriff or law enforcement agency, state attorney, and
124	licensed bail bond agent, if any.
125	(b)1.  Notwithstanding paragraph (a), the provision of
126	electronic monitoring services shall not be deemed to constitute
127	an undertaking to protect members of the public from harm
128	occasioned by a monitored person. The sole duty owed by a person
129	who provides electronic monitoring is to give a law enforcement
130	officer, upon request, an indication of the physical location of
131	the monitored person at any point in time.
132	2.  A person who provides electronic monitoring is not
133	responsible to other persons for equipment failure or for the
134	criminal acts of a monitored person. A provider of electronic
135	monitoring services cannot control the activities of a monitored
136	person. It is unreasonable for any member of the public to
137	expect that a provider of electronic monitoring services will
138	provide protection against harm occasioned by a monitored
139	person.
140	(5)  A defendant who has been released in accordance with
141	this section shall not alter, tamper with, damage, or destroy
142	any electronic monitoring equipment or data recorded by such
143	equipment. A defendant who is notified of a malfunction in the
144	equipment shall immediately cooperate with the vendor in
145	restoring the equipment to proper functioning. A violation of
146	this subsection constitutes a violation of pretrial release and
147	grounds for the defendant to be remanded to the court or
148	appropriate sheriff or law enforcement agency.
149	Section 3.  Section 907.07, Florida Statutes, is created to
150	read:
151	907.07  Vendor requirements for provision of electronic
152	monitoring services; vendor registration and certification
153	process.--
154	(1)  This section shall not apply to electronic monitoring
155	provided directly by the state, a county, or a sheriff.
156	(2)  The chief judge of each judicial circuit shall
157	maintain a list of all licensed bail bond agents who are
158	eligible vendors of electronic monitoring in the circuit. For a
159	licensed bail bond agent to be an eligible vendor, a licensed
160	bail bond agent must register in accordance with this section as
161	a vendor capable of providing electronic monitoring services as
162	a primary provider or through a subcontractor in that judicial
163	circuit. The chief judge shall place on such list of eligible
164	vendors any licensed bail bond agent in this state who certifies
165	in writing, as part of the vendor registration, that all
166	electronic monitoring equipment and electronic monitoring
167	services shall be operated and maintained in compliance with
168	this section, and who agrees as part of such certification to
169	comply with the terms of this section.
170	(3)  Only a governmental entity, or a licensed bail bond
171	agent who is included on a list of eligible vendors under
172	subsection (2), shall be permitted to undertake primary
173	responsibility as a vendor of electronic monitoring services in
174	a judicial circuit of this state.
175	(4)  A licensed bail bond agent shall agree to abide by the
176	following minimum terms as a condition of being included on the
177	list of eligible vendors of electronic monitoring in a given
178	judicial circuit of this state:
179	(a)  The vendor shall register in writing the name of the
180	vendor, who must be a licensed bail bond agent in this state;
181	the name of an individual employed by the vendor who is to serve
182	as a contact person for the vendor; the address of the vendor;
183	and the telephone number of the contact person.
184	(b)  The vendor must initially certify as part of the
185	registration, and must certify in writing at least annually
186	thereafter on a date set by the chief judge, that all of the
187	electronic monitoring devices used by the vendor and any of the
188	vendor's subcontractors comply with the requirements for
189	privately owned electronic monitoring devices in s. 907.08.
190	(5)  A vendor shall promptly notify the chief judge of any
191	changes in the vendor's registration information that is
192	required under this section.
193	(6)  Failure to comply with the registration or
194	recertification requirements of this section shall be grounds
195	for removal from any chief judge's list of eligible vendors for
196	electronic monitoring.
197	(7)  The chief judge, in his or her discretion, may also
198	remove any registered vendor from the list of eligible vendors
199	if the vendor:
200	(a)  Fails to properly monitor any person that the vendor
201	was required to monitor; or
202	(b)  Charges a defendant a clearly excessive fee for use
203	and monitoring of electronic monitoring equipment. Such fees
204	shall be considered clearly excessive if the fees charged on a
205	per diem basis are at least twice the average fee charged by
206	other vendors on the eligible vendor list who provide comparable
207	electronic monitoring equipment and services in that judicial
208	circuit.
209	Section 4.  Section 907.08, Florida Statutes, is created to
210	read:
211	907.08  Standards for privately owned electronic monitoring
212	devices.--A privately owned electronic monitoring device
213	provided by a vendor must, at a minimum, meet the standards set
214	forth in this section to be used for electronic monitoring of a
215	person under s. 907.06. A device must:
216	(1)  Be a transmitter unit that meets certification
217	standards approved by the Federal Communications Commission.
218	(2)  At the court's discretion, either:
219	(a)  Emit signal content 24 hours per day that identifies
220	the specific device being worn by the defendant and the
221	defendant's physical location using Global Positioning Satellite
222	(GPS) technology accurate to within 9 meters; or
223	(b)  Receive signal content 24 hours per day, determining
224	the defendant's physical location using Global Positioning
225	Satellite (GPS) technology accurate to within 9 meters,
226	recording the defendant's physical locations throughout the day,
227	and being capable of transmitting that record of locations to
228	the vendor at least daily.
229	(3)  With respect to a unit affixed to a defendant, possess
230	an internal power source that provides a minimum of 1 year of
231	normal operation without recharging or replacing the power
232	source. The device must emit signal content that indicates its
233	power status and provides the vendor with notification of
234	whether the power source needs to be recharged or replaced.
235	(4)  Possess and emit signal content that indicates whether
236	the transmitter has been subjected to tampering or removal.
237	(5)  Possess encrypted signal content or another feature
238	designed to discourage duplication.
239	(6)  Be of a design that is shock resistant, waterproof,
240	and capable of reliable function under normal atmospheric and
241	environmental conditions.
242	(7)  Be capable of wear and use in a manner that does not
243	pose a safety hazard or unduly restrict the activities of the
244	defendant.
245	(8)  Be capable of being attached to the defendant in a
246	manner that readily reveals any efforts to tamper with or remove
247	the transmitter upon visual inspection.
248	(9)  Use straps or other mechanisms for attaching the
249	transmitter to the defendant that are either capable of being
250	adjusted to fit a defendant of any size or that are made
251	available in a variety of sizes.
252	Section 5.  Section 907.09, Florida Statutes, is created to
253	read:
254	907.09  Offenses related to electronic monitoring
255	devices.--
256	(1)  It is illegal for any person to intentionally alter,
257	tamper with, damage, or destroy any electronic monitoring
258	equipment used for monitoring the location of a person pursuant
259	to court order, unless such person is the owner of the equipment
260	or an agent of the owner performing ordinary maintenance and
261	repairs. A person who violates this subsection commits a felony
262	of the third degree, punishable as provided in s. 775.082, s.
263	775.083, or s. 775.084.
264	(2)  It is illegal for any person to develop, build,
265	create, possess, or use any device that is intended to mimic,
266	clone, interfere with, or jam the signal of an electronic
267	monitoring device used to monitor the location of a person
268	pursuant to court order. A person who violates this subsection
269	commits a felony of the third degree, punishable as provided in
270	s. 775.082, s. 775.083, or s. 775.084.
271	(3)  A person may not intentionally alter, tamper with,
272	damage, or destroy any data stored or transmitted by any
273	electronic monitoring equipment used for monitoring the location
274	of a person pursuant to court order with the intent to violate
275	such court order or to conceal such a violation. A person who
276	violates this subsection commits a felony of the third degree,
277	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
278	Section 6.  Section 944.161, Florida Statutes, is created
279	to read:
280	944.161  Electronic monitoring of inmates within
281	correctional facilities.--
282	(1)  The department is authorized and encouraged to employ
283	electronic monitoring of inmates within its custody who are
284	incarcerated within state and private correctional facilities.
285	(a)  Electronic monitoring services must have the
286	capability to continuously receive and monitor electronic
287	signals from a transmitter worn by an inmate so as to
288	continuously monitor the inmate in real time and identify the
289	inmate's specific geographic position within the facility at any
290	time. Such transmitters must update in at least 5-second
291	intervals and monitor the inmate's geographical location to
292	within at least a 10-foot radius of his or her actual location
293	or to within a radius that is equal to the width of a facility's
294	average size sleeping quarters, whichever is less, subject to
295	the limitations relating to the state of the art of the
296	technology used and to circumstances of force majeure.
297	(b)  Any electronic monitoring system employed shall also
298	provide transmitters to be worn by department employees,
299	employees of private-sector companies contracted to operate
300	correctional facilities, and any visitors to correctional
301	facilities who are provided access to areas that are designated
302	for authorized personnel only. Such transmitters shall include a
303	panic safety button and must have the capability to continuously
304	receive and monitor electronic signals from a transmitter worn
305	by an employee or visitor so as to continuously monitor
306	employees and visitors in real time and identify their specific
307	geographic positions at any time. Such transmitters must update
308	in at least 5-second intervals and monitor employees and
309	visitors to within a 10-foot radius of their actual location,
310	subject to the limitations relating to the state of the art of
311	the technology used and to circumstances of force majeure.
312	(c)  Any electronic monitoring system employed shall also
313	have the following technological and functional capabilities:
314	1.  Be compatible with a commercially recognized wireless
315	network access standard as designated by the department and have
316	sufficient bandwidth to support additional wireless networking
317	devices in order to increase the capacity for usage of the
318	system by the correctional facility.
319	2.  Be capable of issuing an alarm to an internal
320	correctional monitoring station within 3 seconds after receiving
321	a panic alert from an employee or visitor transmitter or within
322	3 seconds after violation of the established parameters for
323	permissible movement of inmates, employees, and visitors within
324	the facility.
325	3.a.  Be capable of maintaining a historical storage
326	capacity sufficient to store up to 6 months of complete inmate,
327	employee, and visitor tracking for purposes of follow-up
328	investigations and vendor contract auditing. The system must be
329	capable of recording for such purposes the continuous
330	uninterrupted movement of all monitored individuals, including
331	those in close proximity to any selected individual, by specific
332	position, not by area or zone. Such historical information must
333	also be capable of being archived by means of electronic data
334	transfer to a permanent storage medium designated as acceptable
335	by the department.
336	b.  In addition, data collected from each facility each day
337	shall be electronically transmitted to an offsite central
338	clearinghouse designated by the department where the data shall
339	be maintained in a secure storage location in a permanent
340	storage medium designated as acceptable by the department as a
341	supplemental backup in order to protect the archived data from
342	alteration and to prevent loss due to disaster or other cause.
343	4.  With respect to a unit affixed to an inmate, be capable
344	of possessing an internal power source that is field
345	rechargeable or that provides a minimum of 1 year of normal
346	operation without need for recharging or replacing the power
347	source. Batteries used in units must be replaceable by
348	correctional employees. The device must emit signal content that
349	indicates the power status of the transmitter and provides the
350	correctional facility monitoring station with notification of
351	whether the power source needs to be recharged or replaced.
352	5.  Possess and emit signal content that indicates whether
353	the transmitter has been subjected to tampering or removal.
354	6.  Possess encrypted signal content or another feature
355	designed to discourage duplication.
356	7.  Be of a design that is shock resistant, waterproof, and
357	capable of reliable function under normal atmospheric and
358	environmental conditions.
359	8.  Be capable of wear and use in a manner that does not
360	pose a safety hazard or unduly restrict the activities of the
361	inmate.
362	9.  Be capable of being attached to the inmate in a manner
363	that readily reveals any efforts to tamper with or remove the
364	transmitter upon visual inspection.
365	10.  Either posses straps or other mechanisms for attaching
366	the transmitter to the inmate which are capable of being
367	adjusted to fit an inmate of any size or must be made available
368	in a variety of sizes.
369	11.  Be designed and constructed in such a way as to resist
370	tampering with or removal by the inmate.
371	12.  Provide a backup power source in the event of a power
372	failure.
373	(2)  A person may not intentionally alter, tamper with,
374	damage, or destroy any electronic monitoring equipment used to
375	monitor the location of a person within a correctional facility,
376	unless the person is the owner of the equipment or an agent of
377	the owner performing ordinary maintenance and repairs. A person
378	who violates this subsection commits a felony of the third
379	degree, punishable as provided in s. 775.082, s. 775.083, or s.
380	775.084.
381	(3)  A person may not develop, build, create, possess, or
382	use any device that is intended to mimic, clone, interfere with,
383	or jam the signal of an electronic monitoring device used to
384	monitor the location of a person within a correctional facility.
385	A person who violates this subsection commits a felony of the
386	third degree, punishable as provided in s. 775.082, s.
387	775.083, or s. 775.084.
388	(4)  A person may not intentionally alter, tamper with,
389	damage, or destroy any data stored pursuant to subparagraph
390	(1)(c)3. unless done so with written permission from an
391	authorized official of the department or in compliance with a
392	data-retention policy of the department adopted by rule. A
393	person who violates this subsection commits a felony of the
394	third degree, punishable as provided in s. 775.082, s. 775.083,
395	or s. 775.084.
396	(5)  The department is authorized to adopt rules pursuant
397	to ss. 120.536(1) and 120.54 to implement the provisions of this
398	section.
399	Section 7.  Section 985.4047, Florida Statutes, is created
400	to read:
401	985.4047  Electronic monitoring of juvenile offenders
402	within juvenile facilities.--
403	(1)  The department is authorized and encouraged to employ
404	electronic monitoring of juvenile offenders within its custody
405	who are incarcerated within state and private juvenile offender
406	facilities for the purpose or reducing offender on offender
407	violence and reducing employee sexual misconduct as defined in
408	s. 985.4045.
409	(a)  Electronic monitoring services must have the
410	capability to continuously receive and monitor electronic
411	signals from a transmitter worn by a juvenile offender so as to
412	continuously monitor an offender in real time and identify at
413	any time the offender's specific geographic position within the
414	facility. Such transmitters must update in at least 5-second
415	intervals and monitor the offender's geographical location to
416	within at least a 10-foot radius of his or her actual location
417	or to within a radius that is equal to the width of a facility's
418	average size sleeping quarters, whichever is less, subject to
419	the limitations relating to the state of the art of the
420	technology used and to circumstances of force majeure.
421	(b)  Any electronic monitoring system employed shall also
422	provide transmitters to be worn by department employees,
423	employees of private-sector companies contracted to operate
424	juvenile facilities, and any visitors to juvenile facilities who
425	are provided access to areas that are designated for authorized
426	personnel only. Such transmitters shall include a panic button
427	and must have the capability to continuously receive and monitor
428	electronic signals from a transmitter worn by an employee or
429	visitor so as to continuously monitor employees and visitors in
430	real time and identify their specific geographic positions at
431	any time. Such transmitters must update in at least 5-second
432	intervals and monitor employees and visitors to within a 10-foot
433	radius of their actual location, subject to the limitations
434	relating to the state of the art of the technology used and to
435	circumstances of force majeure.
436	(c)  Any electronic monitoring system employed shall also:
437	1.  Be compatible with a commercially recognized wireless
438	network access standard as designated by the department and have
439	sufficient bandwidth to support additional wireless networking
440	devices in order to increase the capacity for usage of the
441	system by the facility.
442	2.  Be capable of issuing an alarm to an internal facility
443	monitoring station within 3 seconds after receiving a panic
444	alert from an employee or visitor transmitter or within 3
445	seconds after violation of the established parameters for
446	permissible movement of offenders, employees, and visitors
447	within the facility.
448	3.a.  Be capable of maintaining a historical storage
449	capacity sufficient to store up to 6 months of complete
450	offender, employee, and visitor tracking for purposes of follow-
451	up investigations and vendor contract auditing. The system must
452	be capable of recording for such purposes the continuous
453	uninterrupted movement of all monitored individuals, including
454	those in close proximity to any selected individual, by specific
455	position, not by area or zone. Such historical information must
456	also be capable of being archived by means of electronic data
457	transfer to a permanent storage medium designated as acceptable
458	by the department.
459	b.  In addition, data collected from each facility each day
460	shall be electronically transmitted to an offsite central
461	clearinghouse designated by the department where the data shall
462	be maintained in a secure storage location in a permanent
463	storage medium designated as acceptable by the department as a
464	supplemental backup in order to protect the archived data from
465	alteration and to prevent loss due to disaster or other cause.
466	4.  With respect to a unit affixed to an offender, be
467	capable of possessing an internal power source that is field
468	rechargeable or that provides a minimum of 1 year of normal
469	operation without need for recharging or replacing the power
470	source and batteries must be replaceable by facility employees.
471	The device must emit signal content that indicates the power
472	status of the transmitter and provides the facility monitoring
473	station with notification of whether the power source needs to
474	be recharged or replaced.
475	5.  Possess and emit signal content that indicates whether
476	the transmitter has been subjected to tampering or removal.
477	6.  Possess encrypted signal content or another feature
478	designed to discourage duplication.
479	7.  Be of a design that is shock resistant, waterproof, and
480	capable of reliable function under normal atmospheric and
481	environmental conditions.
482	8.  Be capable of wear and use in a manner that does not
483	pose a safety hazard or unduly restrict the activities of the
484	offender.
485	9.  Be capable of being attached to the offender in a
486	manner that readily reveals any efforts to tamper with or remove
487	the transmitter upon visual inspection.
488	10.  Either possess straps or other mechanisms for
489	attaching the transmitter to the offender which are capable of
490	being adjusted to fit an offender of any size or must be made
491	available in a variety of sizes.
492	11.  Be designed and constructed in such a way as to resist
493	tampering with or removal by the offender.
494	12.  Provide a backup power source in the event of a power
495	failure.
496	(2)  A person may not intentionally alter, tamper with,
497	damage, or destroy any electronic monitoring equipment used to
498	monitor the location of a person within a juvenile facility,
499	unless the person is the owner of the equipment or an agent of
500	the owner performing ordinary maintenance and repairs. A person
501	who violates this subsection commits a felony of the third
502	degree, punishable as provided in s. 775.082, s. 775.083, or s.
503	775.084.
504	(3)  A person may not develop, build, create, possess, or
505	use any device that is intended to mimic, clone, interfere with,
506	or jam the signal of an electronic monitoring device used to
507	monitor the location of a person within a juvenile facility. A
508	person who violates this subsection commits a felony of the
509	third degree, punishable as provided in s. 775.082, s. 775.083,
510	or s. 775.084.
511	(4)  A person may not intentionally alter, tamper with,
512	damage, or destroy any data stored pursuant to subparagraph
513	(1)(c)3. unless done so with written permission from an
514	authorized official of the department or in compliance with a
515	data-retention policy of the department adopted by rule. A
516	person who violates this subsection commits a felony of the
517	third degree, punishable as provided in s. 775.082, s. 775.083,
518	or s. 775.084.
519	(5)  The department is authorized to adopt rules pursuant
520	to ss. 120.536(1) and 120.54 to implement the provisions of this
521	section.
522	Section 8.  This act shall take effect October 1, 2006.

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