HB 0591CS

CHAMBER ACTION



1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to criminal justice; amending s. 648.387,
7F.S.; authorizing bail bond agents to provide electronic
8monitoring equipment and services; authorizing bail bond
9agents to contract with third-party vendors to provide
10electronic monitoring services; authorizing bail bond
11agents to register with a governmental entity to provide
12electronic monitoring equipment and services in certain
13circumstances; authorizing such agents to collect a fee
14for electronic monitoring equipment and services;
15providing that failure to timely pay fees constitutes
16grounds to remand; providing that such fees are exempt
17from specified premium requirements; amending s. 775.21,
18F.S.; redefining the terms "permanent residence" and
19"temporary residence" in order to reduce the number of
20consecutive days and days in the aggregate that constitute
21the residence of a sexual predator for purposes of
22requirements that the predator register with the
23Department of Law Enforcement, the sheriff's office, or
24the Department of Corrections; revising provisions
25relating to reimbursement of specified costs by sexual
26predators; revising provisions relating to the residence
27of sexual predators; providing penalties; creating s.
28775.215, F.S.; specifying residency exclusions for sexual
29offenders or sexual predators; preempting and repealing
30certain local ordinances; amending s. 775.24, F.S.;
31revising provisions relating to residency exclusions for
32sexual predators and sexual offenders; amending s.
33794.065, F.S.; providing additional residency restrictions
34on certain offenders; providing penalties; creating s.
35907.06, F.S.; providing for electronic monitoring of
36certain defendants on pretrial release; requiring the
37monitored defendant to pay fees; providing that provision
38of electronic monitoring equipment and services is not an
39undertaking to protect members of the public from harm
40occasioned by a monitored defendant; prohibiting a
41defendant being monitored from tampering with monitoring
42equipment; creating s. 907.07, F.S.; requiring the chief
43judge of each circuit to maintain a list of licensed bail
44bond agents who are eligible private vendors for provision
45of electronic monitoring equipment and services; requiring
46registration of such vendors and certification of
47electronic monitoring devices; providing grounds for
48removal from the list; creating s. 907.08, F.S.; providing
49standards for privately owned electronic monitoring
50systems; creating s. 907.09, F.S.; providing criminal
51penalties for tampering with electronic monitoring
52devices; providing criminal penalties for cloning or
53jamming the signal of an electronic monitoring device;
54providing criminal penalties for the alteration or
55destruction of data stored or transmitted by an electronic
56monitoring device with specified intent; creating s.
57944.161, F.S.; providing for electronic monitoring of
58inmates within correctional facilities; requiring
59monitoring of certain employees and visitors to such
60facilities; providing system requirements; prohibiting
61specified actions relating to such monitoring systems and
62data from such systems; providing penalties; providing
63rulemaking authority; amending s. 947.1405, F.S.;
64providing additional conditional release restrictions for
65certain offenders; amending s. 947.141, F.S.; revising
66provisions relating to hearings alleging a violation of
67community release by specified releasees for failure to
68comply with specified residency exclusions; amending s.
69948.06, F.S.; revising provisions relating to probation or
70community control for sexual predators and sexual
71offenders; amending s. 948.063, F.S.; revising provisions
72relating to violations of probation or community control
73by designated sexual offenders and sexual predators;
74amending s. 948.30, F.S.; revising provisions relating to
75terms and conditions of probation or community control for
76certain sex offenses; creating s. 985.4047, F.S.;
77providing for electronic monitoring of juvenile offenders
78within juvenile facilities; requiring monitoring of
79certain employees and visitors to such facilities;
80providing system requirements; prohibiting specified
81actions relating to such monitoring systems and data from
82such systems; providing penalties; providing rulemaking
83authority; providing effective dates.
84
85Be It Enacted by the Legislature of the State of Florida:
86
87     Section 1.  Subsection (6) is added to section 648.387,
88Florida Statutes, to read:
89     648.387  Primary bail bond agents; duties; provision of
90electronic monitoring equipment and services by licensed
91agents.--
92     (6)(a)  A licensed bail bond agent qualifying under s.
93907.07 may provide electronic monitoring equipment and services
94for defendants released from custody on a surety bond and
95subject to conditions including electronic monitoring. A
96licensed bail bond agent may subcontract with a third party to
97provide these services if the third party complies with the
98requirements under s. 907.07. A licensed bail bond agent
99qualifying under s. 907.07 may also register with a governmental
100entity to provide electronic monitoring equipment and services
101under contract with that entity.
102     (b)  A licensed bail bond agent may charge a defendant
103subject to electronic monitoring a reasonable, nonrefundable fee
104for electronic monitoring equipment and services. The amount of
105the fee charged in each judicial circuit shall not exceed the
106maximum daily fee set annually by the chief judge for the
107judicial circuit in which the defendant is released. The failure
108of a defendant to pay this fee in a timely manner shall
109constitute grounds for the licensed bail bond agent to remand
110the defendant to the custody of the court or appropriate law
111enforcement agency. Fees charged by a bail bond agent for
112electronic monitoring equipment and services shall not be
113considered part of the bail bond premium and shall be exempt
114from the provisions of s. 648.33.
115     (c)  Records and receipts for electronic monitoring
116equipment and services provided by a licensed bail bond agent
117shall be kept separate and apart from bail bond records and
118shall be available for inspection by the court or the
119appropriate governmental entity.
120     Section 2.  Paragraphs (f) and (g) of subsection (2),
121paragraph (a) of subsection (7), and paragraph (b) of subsection
122(10) of section 775.21, Florida Statutes, are amended to read:
123     775.21  The Florida Sexual Predators Act.--
124     (2)  DEFINITIONS.--As used in this section, the term:
125     (f)  "Permanent residence" means a place where the person
126abides, lodges, or resides for 5 14 or more consecutive days.
127     (g)  "Temporary residence" means a place where the person
128abides, lodges, or resides for a period of 5 14 or more days in
129the aggregate during any calendar year and which is not the
130person's permanent address; or, for a person whose permanent
131residence is not in this state, a place where the person is
132employed, practices a vocation, or is enrolled as a student for
133any period of time in this state; or a place where the person
134routinely abides, lodges, or resides for a period of 4 or more
135consecutive or nonconsecutive days in any month and which is not
136the person's permanent residence, including any out-of-state
137address.
138     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
139     (a)  Law enforcement agencies must inform members of the
140community and the public of a sexual predator's presence. Upon
141notification of the presence of a sexual predator, the sheriff
142of the county or the chief of police of the municipality where
143the sexual predator establishes or maintains a permanent or
144temporary residence shall notify members of the community and
145the public of the presence of the sexual predator in a manner
146deemed appropriate by the sheriff or the chief of police. Within
14748 hours after receiving notification of the presence of a
148sexual predator, the sheriff of the county or the chief of
149police of the municipality where the sexual predator temporarily
150or permanently resides shall notify each licensed day care
151center, elementary school, middle school, and high school, and
152library within a 1-mile radius of the temporary or permanent
153residence of the sexual predator of the presence of the sexual
154predator. Information provided to members of the community and
155the public regarding a sexual predator must include:
156     1.  The name of the sexual predator;
157     2.  A description of the sexual predator, including a
158photograph;
159     3.  The sexual predator's current address, including the
160name of the county or municipality if known;
161     4.  The circumstances of the sexual predator's offense or
162offenses; and
163     5.  Whether the victim of the sexual predator's offense or
164offenses was, at the time of the offense, a minor or an adult.
165
166This paragraph does not authorize the release of the name of any
167victim of the sexual predator.
168     (10)  PENALTIES.--
169     (b)  A sexual predator who has been convicted of or found
170to have committed, or has pled nolo contendere or guilty to,
171regardless of adjudication, any violation, or attempted
172violation, of s. 787.01, s. 787.02, or s. 787.025, where the
173victim is a minor and the defendant is not the victim's parent;
174s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
175800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation
176of a similar law of another jurisdiction, when the victim of the
177offense was a minor, and who works, whether for compensation or
178as a volunteer, at any business, school, day care center, park,
179playground, library, or business or other place where children
180regularly congregate, commits a felony of the third degree,
181punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
182     Section 3.  Section 775.215, Florida Statutes, is created
183to read:
184     775.215  Residency exclusions for sexual offenders or
185predators; local ordinances preempted.--
186     (1)  The establishment of residency exclusions applicable
187to the residences of a person required to register as a sexual
188offender or sexual predator is expressly preempted to the state,
189and the provisions of ss. 794.065, 947.1405, and 948.30
190establishing such exclusions supersede any municipal or county
191ordinances imposing different exclusions.
192     (2)  A provision of any ordinance adopted by a county or
193municipality prior to October 1, 2006, imposing residency
194exclusions for the residences of persons subject to the
195provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby
196repealed and abolished as of October 1, 2006.
197     Section 4.  Subsection (2) of section 775.24, Florida
198Statutes, is amended to read:
199     775.24  Duty of the court to uphold laws governing sexual
200predators and sexual offenders.--
201     (2)  If a person meets the criteria in this chapter for
202designation as a sexual predator or meets the criteria in s.
203943.0435, s. 944.606, s. 944.607, or any other law for
204classification as a sexual offender, the court may not enter an
205order, for the purpose of approving a plea agreement or for any
206other reason, which:
207     (a)  Exempts a person who meets the criteria for
208designation as a sexual predator or classification as a sexual
209offender from such designation or classification, or exempts
210such person from the requirements for registration or community
211and public notification imposed upon sexual predators and sexual
212offenders, or exempts such person from the residency exclusions
213contained in ss. 794.065, 947.1405, and 948.30;
214     (b)  Restricts the compiling, reporting, or release of
215public records information that relates to sexual predators or
216sexual offenders; or
217     (c)  Prevents any person or entity from performing its
218duties or operating within its statutorily conferred authority
219as such duty or authority relates to sexual predators or sexual
220offenders.
221     Section 5.  Section 794.065, Florida Statutes, is amended
222to read:
223     794.065  Unlawful place of residence for persons convicted
224of certain sex offenses.--
225     (1)(a)1.  It is unlawful for any person who has been
226convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
227or s. 847.0145, regardless of whether adjudication has been
228withheld, in which the victim of the offense was less than 16
229years of age, to reside within 1,000 feet of any school, day
230care center, park, or playground.
231     2.  A person who violates this subsection section and whose
232conviction for an offense listed in subparagraph 1. under s.
233794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
234as:
235     a.  A felony of the first degree or higher, commits a
236felony of the third degree, punishable as provided in s. 775.082
237or s. 775.083. A person who violates this section and whose
238conviction under s. 794.011, s. 800.04, s. 827.071, or s.
239847.0145 was classified as
240     b.  A felony of the second or third degree, commits a
241misdemeanor of the first degree, punishable as provided in s.
242775.082 or s. 775.083.
243     (b)(2)  This subsection section applies to any person
244convicted of an offense listed in subparagraph 1. if the offense
245occurred a violation of s. 794.011, s. 800.04, s. 827.071, or s.
246847.0145 for offenses that occur on or after October 1, 2004.
247     (2)(a)1.  It is unlawful for any person who has been
248convicted of a violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
249787.02(3)(a)2., 3., 4., or 5., s. 794.011, s. 800.04, s.
250827.071, or s. 847.0145, regardless of whether adjudication has
251been withheld, in which the victim of the offense was less than
25216 years of age, to reside within 1,500 feet of any school, day
253care center, park, playground, library, or other business or
254place where children regularly congregate.
255     2.  A person violating this subsection whose conviction of
256an offense listed in subparagraph 1. was classified as:
257     a.  A felony of the first degree or higher, commits a
258felony of the third degree, punishable as provided in s. 775.082
259or s. 775.083.
260     b.  A felony of the second or third degree, commits a
261misdemeanor of the first degree, punishable as provided in s.
262775.082 or s. 775.083.
263     (b)  The distances in this subsection shall be measured in
264a straight line from the offender's place of residence to the
265nearest boundary line of the school, day care center, park,
266playground, library, or other business or place where children
267regularly congregate. The distance may not be measured by a
268pedestrian route or automobile route.
269     (c)  This subsection applies to any person convicted of an
270offense listed in subparagraph (a)1. if the offense occurred on
271or after October 1, 2006.
272     Section 6.  Section 907.06, Florida Statutes, is created to
273read:
274     907.06  Electronic monitoring of certain defendants;
275general requirements for equipment and services.--
276     (1)(a)  The court may order a defendant charged with a
277forcible felony or a sexual offense, or charged with any crime
278and previously convicted of a forcible felony or a sexual
279offense, to be released from custody on a surety bond subject to
280conditions that include, without limitation, electronic
281monitoring, if electronic monitoring is available in the
282jurisdiction.
283     (b)  For purposes of this section, the term:
284     1.  "Forcible felony" has the same meaning as in s. 776.08.
285     2.  "Sexual offense" includes any of the offenses contained
286in s. 943.0435(1)(a)1.
287     (2)  A defendant who is released on a surety bond that
288includes a condition requiring electronic monitoring shall pay a
289reasonable fee for equipment use and monitoring as an additional
290condition of pretrial release not to exceed the maximum daily
291fee set by the chief judge of the judicial circuit in which the
292defendant is released.
293     (3)(a)  Electronic monitoring shall include the equipment
294and services necessary to continuously receive electronic
295signals from the transmitter worn by the defendant to determine
296the defendant's geographic position at any time to within 10
297meters, using Global Positioning Satellite (GPS) technology,
298subject to the limitations related to the technology and to
299circumstances of force majeure.
300     (b)  Provision of electronic monitoring equipment and
301services may be undertaken as a primary responsibility of a
302governmental entity or a licensed bail bond agent qualifying as
303a vendor under s. 907.07.
304     (c)  A governmental entity or licensed bail bond agent may
305subcontract with an eligible third-party vendor for electronic
306monitoring equipment and services, provided the third-party
307vendor complies with all provisions of this subsection and s.
308907.08 and operates under the direction and control of the
309governmental entity or licensed bail bond agent. A governmental
310entity subcontracting for electronic monitoring equipment and
311services must select the third-party vendor through a
312competitive bidding process.
313     (4)(a)  Any governmental entity or bail bond agent
314providing electronic monitoring services must report any known
315violations of the defendant's pretrial release conditions to the
316appropriate court, law enforcement agency, and state attorney as
317soon as possible. Additionally, if a third-party vendor is
318providing the electronic monitoring equipment and services under
319a subcontract, the third-party vendor must report any known
320violations to the governmental entity or bail bond agent with
321whom the third-party vendor has a subcontract.
322     (b)  Notwithstanding the reporting requirements in
323paragraph (a), the provision of electronic monitoring services
324by a governmental entity or bail bond agent, or any
325subcontractor thereof, shall not constitute a legal duty to
326protect members of the public from criminal acts committed by a
327monitored defendant. The sole purpose of electronic monitoring
328is to give the governmental entity, bail bond agent, or law
329enforcement agency, upon request, an indication of the physical
330location of the monitored defendant at any point in time. The
331governmental entity or licensed bail bond agent, or any
332subcontractor thereof, is not responsible to third parties for
333the failure of the monitoring equipment or for the criminal acts
334of the monitored defendant.
335     (5)  A defendant released in accordance with this section
336shall not alter, tamper with, damage, or destroy any electronic
337monitoring equipment or the data recorded by such equipment. A
338defendant notified of a malfunction in the equipment shall
339immediately cooperate with the governmental entity, bail bond
340agent, or subcontractor thereof to restore the equipment to
341proper functioning. A violation of this subsection shall
342constitute a violation of pretrial release and be grounds for
343the defendant to be remanded to the court or appropriate law
344enforcement agency.
345     Section 7.  Section 907.07, Florida Statutes, is created to
346read:
347     907.07  Vendors of electronic monitoring equipment and
348services; bail bond agent eligibility; process; standards.--
349     (1)  This section shall not apply to electronic monitoring
350services and equipment provided directly by a governmental
351entity.
352     (2)  The chief judge of each judicial circuit shall
353maintain a list of all licensed bail bond agents qualified
354pursuant to this section to serve as vendors of electronic
355monitoring equipment and services in the judicial circuit. To
356qualify as a vendor, a licensed bail bond agent must:
357     (a)  Register the name of the licensed bail bond agent and,
358if applicable, the subcontractor; the name and telephone number
359of the individual employed by the licensed bail bond agent and,
360if applicable, the subcontractor that is serving as the contact
361person for the licensed bail bond agent and, if applicable, the
362subcontractor; and the address of the licensed bail bond agent
363and, if applicable, the subcontractor.
364     (b)  Certify in writing, both initially and annually by
365January 1, thereafter, the following:
366     1.  That the electronic monitoring equipment used by the
367licensed bail bond agent or subcontractor complies with the
368specifications for privately owned electronic monitoring devices
369pursuant to s. 907.08.
370     2.  The maximum daily fee to be charged a defendant for
371electronic monitoring services in that judicial circuit.
372     3.  That the licensed bail bond agent or subcontractor has
373not pled nolo contendere to, or been adjudicated guilty or
374convicted of, a felony offense.
375     (c)  Promptly notify the chief judge of any changes in the
376registration information required under this section.
377     (3)  The chief judge may remove any licensed bail bond
378agent from the list of eligible vendors if:
379     (a)  The licensed bail bond agent fails to comply with the
380registration or recertification requirements of this section;
381     (b)  The licensed bail bond agent or, if applicable, the
382subcontractor fails to properly monitor any defendant pursuant
383to s. 907.06;
384     (c)  The licensed bail bond agent charges a defendant a fee
385for electronic monitoring services and equipment in excess of
386the maximum amount established by the chief judge for the
387judicial circuit in which the defendant is released; or
388     (d)  The licensed bail bond agent or, if applicable, the
389subcontractor has pled nolo contendere to, or been adjudicated
390guilty or convicted of, a felony offense.
391     Section 8.  Section 907.08, Florida Statutes, is created to
392read:
393     907.08  Standards for privately owned electronic monitoring
394system.--To be used for electronic monitoring of a defendant
395under s. 907.06, privately owned electronic monitoring systems
396must meet the minimum specifications set forth in subsections
397(1) and (2) and additionally must be consistent with the
398performance standards set forth in subsections (3) through (9),
399subject to the best commercially available technology at time of
400procurement. Such a system must:
401     (1)  Use a transmitter unit that meets certification
402standards approved by the Federal Communications Commission.
403     (2)(a)  Emit signal content 24 hours per day identifying
404the specific device being worn by the defendant and the
405defendant's physical location using Global Positioning Satellite
406(GPS) technology accurate to within 10 meters; or
407     (b)  Receive signal content 24 hours per day determining
408the defendant's physical location using GPS technology accurate
409to within 10 meters, recording the defendant's physical
410locations throughout the day, and being capable of transmitting
411that record of locations to the vendor at least daily.
412     (3)  With respect to a unit affixed to a defendant, possess
413an internal power source that provides a minimum of 1 year of
414normal operation without having to recharge or replace the power
415source. The device must emit signal content indicating its power
416status and notifying the vendor when the power source needs to
417be recharged or replaced.
418     (4)  Possess and emit signal content indicating whether or
419not the transmitter has been tampered with or removed.
420     (5)  Possess encrypted signal content or another feature
421designed to discourage duplication.
422     (6)  Be shock resistant, waterproof, and capable of
423reliable function under normal atmospheric and environmental
424conditions.
425     (7)  Be capable of wear and use in a manner that does not
426pose a safety hazard or unduly restrict the activities of the
427defendant.
428     (8)  Be capable of being attached to the defendant in a
429manner that readily reveals any efforts to tamper with or remove
430the transmitter upon visual inspection.
431     (9)  Make use of straps or other mechanisms for attaching
432the transmitter to the defendant that are either capable of
433being adjusted to fit a defendant of any size or that are
434available in a variety of sizes.
435     Section 9.  Section 907.09, Florida Statutes, is created to
436read:
437     907.09  Offenses related to electronic monitoring
438devices.--
439     (1)  It is illegal for any person to intentionally alter,
440tamper with, damage, or destroy any electronic monitoring device
441used to monitor the location of a person pursuant to court
442order, unless the person is the owner of the equipment or an
443agent of the owner performing ordinary maintenance and repairs.
444A person violating this subsection commits a felony of the third
445degree, punishable as provided in s. 775.082, s. 775.083, or s.
446775.084.
447     (2)  It is illegal for any person to develop, build,
448create, possess, or use any device that is intended to mimic,
449clone, interfere with, or jam the signal of an electronic
450monitoring device used to monitor the location of a defendant
451pursuant to court order. A person violating this subsection
452commits a felony of the third degree, punishable as provided in
453s. 775.082, s. 775.083, or s. 775.084.
454     (3)  It is illegal for any person to intentionally alter,
455tamper with, damage, or destroy any data stored or transmitted
456by any electronic monitoring device used to monitor the location
457of a defendant pursuant to court order with the intent to
458violate the court order or to conceal a violation. A person
459violating this subsection commits a felony of the third degree,
460punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
461     Section 10.  Section 944.161, Florida Statutes, is created
462to read:
463     944.161  Electronic monitoring of inmates within
464correctional facilities.--
465     (1)  The department is authorized to employ electronic
466monitoring of inmates incarcerated within state and private
467correctional facilities. The department must use electronic
468monitoring systems that meet the minimum specifications set
469forth in paragraphs (a) and (b) and are consistent with the
470performance standards set forth in paragraph (c), subject to the
471best commercially available technology at the time of
472procurement. Such a system must:
473     (a)  Have the capacity to continuously receive electronic
474signals at a monitoring station within the correctional facility
475from a transmitter that continuously transmits in real time and
476identifies the specific geographic position within the facility
477at any time of the following persons who must wear a
478transmitter:
479     1.  Inmates.
480     2.  Department employees.
481     3.  Employees of any private sector company contracted to
482operate a correctional facility.
483     4.  Any visitor to a correctional facility provided access
484to areas designated for authorized personnel only.
485     (b)  Use electronic monitoring transmitters worn by persons
486in any correctional facility that are capable of providing
487updates in at least 5-second intervals and transmit the
488geographical location of a person wearing a transmitter to
489within at least a 3-meter radius of his or her actual location
490or to within a radius equal to the width of a facility's average
491size sleeping quarters, whichever is less, subject to the
492limitations relating to the state of the art of the technology
493used and to circumstances of force majeure. Transmitters worn by
494persons other than inmates shall also include a panic safety
495button.
496     (c)  Be consistent with the following technological and
497functional performance standards:
498     1.  Be compatible with a commercially recognized wireless
499network access standard as designated by the department and
500sufficient bandwidth to support additional wireless networking
501devices to expand the capacity of the correctional facility to
502use the service.
503     2.  Have the capability of issuing an alarm to an internal
504correctional monitoring station in an appropriate amount of time
505after receiving a panic alert from an employee or visitor
506transmitter or within an appropriate amount of time after
507violation of the established parameters for permissible movement
508of inmates, employees, and visitors within the facility.
509     3.  Have the capability of maintaining a historical storage
510capacity sufficient to store up to at least 6 months of complete
511inmate, employee, and visitor tracking data for purposes of
512followup investigations and vendor contract auditing. The system
513should be capable of recording the continuous uninterrupted
514movement of all monitored individuals by specific position,
515rather than solely by area or zone. All tracking data shall also
516be periodically archived by appropriate electronic data transfer
517to a permanent storage medium designated as acceptable by the
518department and retained for at least a 5-year period. In
519addition, tracking data collected from each facility shall be
520electronically transmitted periodically to a secure centralized
521offsite location designated by the department and in an
522appropriate storage medium designated as acceptable by the
523department as a supplemental backup to protect the archived data
524from alteration and to prevent loss due to disaster or other
525cause.
526     4.  With respect to a transmitter affixed to an inmate, be
527capable of possessing an internal power source that is field
528rechargeable or provides at least 1 year of normal operation
529without the need to recharge or replace the power source.
530Batteries used in devices should be capable of being replaced by
531correctional employees. The device should emit signal content
532indicating the power status of the transmitter and notifying the
533correctional facility monitoring station of any need to recharge
534or replace the power source.
535     5.  Possess and emit signal content indicating whether the
536transmitter has been tampered with or removed.
537     6.  Possess encrypted signal content or another feature
538designed to discourage duplication.
539     7.  Be shock resistant, waterproof, and capable of reliable
540function under normal atmospheric and environmental conditions.
541     8.  Have the capability to sustain wear and use in a manner
542that does not pose a safety hazard or unduly restrict the
543activities of the inmate.
544     9.  Have the capability of being attached to the inmate in
545a manner that readily reveals any efforts to tamper with or
546remove the transmitter upon visual inspection.
547     10.  Either possess straps or other mechanisms for
548attaching the transmitter to the inmate which are capable of
549being adjusted to fit an inmate of any size or available in a
550variety of sizes.
551     11.  Be designed and constructed in such a way as to resist
552tampering with or removal by the inmate.
553     12.  Provide a backup power source in the event of a power
554failure.
555     (2)  A person shall not intentionally alter, tamper with,
556damage, or destroy any electronic monitoring equipment used to
557monitor the location of a person within a correctional facility,
558unless the person is the owner of the equipment or an agent of
559the owner performing ordinary maintenance and repairs. A person
560violating this subsection commits a felony of the third degree,
561punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
562     (3)  A person shall not develop, build, create, possess, or
563use any device that is intended to mimic, clone, interfere with,
564or jam the signal of an electronic monitoring device used to
565monitor the location of a person within a correctional facility.
566A person violating this subsection commits a felony of the third
567degree, punishable as provided in s. 775.082, s. 775.083, or s.
568775.084.
569     (4)  A person shall not intentionally alter, tamper with,
570damage, or destroy any data stored in an electronic monitoring
571device pursuant to subparagraph (1)(c)3. unless done so with
572written permission from an authorized official of the department
573or in compliance with a data-retention policy of the department
574adopted by rule. A person violating this subsection commits a
575felony of the third degree, punishable as provided in s.
576775.082, s. 775.083, or s. 775.084.
577     (5)  The department is authorized to adopt rules pursuant
578to ss. 120.536(1) and 120.54 to implement the provisions of this
579section.
580     Section 11.  Effective July 1, 2006, subsections (2) and
581(6) and paragraph (a) of subsection (7) of section 947.1405,
582Florida Statutes, are amended, and subsection (11) is added to
583that section, to read:
584     947.1405  Conditional release program.--
585     (2)(a)  Any inmate who:
586     1.(a)  Is convicted of a crime committed on or after
587October 1, 1988, and before January 1, 1994;, and any inmate who
588is convicted of a crime committed on or after January 1, 1994,
589which crime is or was contained in category 1, category 2,
590category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
591Rules of Criminal Procedure (1993), and who has served at least
592one prior felony commitment at a state or federal correctional
593institution; or is convicted under any of the following
594statutory provisions committed on or after July 1, 2006:
595     a.  Kidnapping, under s. 787.01(3)(a)2., 3., 4., or 5.;
596     b.  False imprisonment, under s. 787.02(3)(a)2., 3., 4., or
5975.;
598     c.  Sexual performance by a child, under s. 827.071; or
599     d.  Selling or buying of minors, under s. 847.0145;
600     2.(b)  Is sentenced as a habitual or violent habitual
601offender or a violent career criminal pursuant to s. 775.084; or
602     3.(c)  Is found to be a sexual predator under s. 775.21 or
603former s. 775.23,
604
605shall, upon reaching the tentative release date or provisional
606release date, whichever is earlier, as established by the
607Department of Corrections, be released under supervision subject
608to specified terms and conditions, including payment of the cost
609of supervision pursuant to s. 948.09. Such supervision shall be
610applicable to all sentences within the overall term of sentences
611if an inmate's overall term of sentences includes one or more
612sentences that are eligible for conditional release supervision
613as provided herein.
614     (b)  Effective July 1, 1994, and applicable for offenses
615committed on or after that date, the commission may require, as
616a condition of conditional release, that the releasee make
617payment of the debt due and owing to a county or municipal
618detention facility under s. 951.032 for medical care, treatment,
619hospitalization, or transportation received by the releasee
620while in that detention facility. The commission, in determining
621whether to order such repayment and the amount of such
622repayment, shall consider the amount of the debt, whether there
623was any fault of the institution for the medical expenses
624incurred, the financial resources of the releasee, the present
625and potential future financial needs and earning ability of the
626releasee, and dependents, and other appropriate factors.
627     (c)  If any inmate, other than an inmate required to
628register as a sexual predator under s. 775.21 or as a sexual
629offender under s. 943.0435, placed on conditional release
630supervision is also subject to probation or community control,
631resulting from a probationary or community control split
632sentence within the overall term of sentences, the Department of
633Corrections shall supervise such person according to the
634conditions imposed by the court and the commission shall defer
635to such supervision. If the court revokes probation or community
636control and resentences the offender to a term of incarceration,
637such revocation also constitutes a sufficient basis for the
638revocation of the conditional release supervision on any
639nonprobationary or noncommunity control sentence without further
640hearing by the commission. If any such supervision on any
641nonprobationary or noncommunity control sentence is revoked,
642such revocation may result in a forfeiture of all gain-time, and
643the commission may revoke the resulting deferred conditional
644release supervision or take other action it considers
645appropriate. If the term of conditional release supervision
646exceeds that of the probation or community control, then, upon
647expiration of the probation or community control, authority for
648the supervision shall revert to the commission and the
649supervision shall be subject to the conditions imposed by the
650commission.
651     (d)  If any inmate required to register as a sexual
652predator under s. 775.21 or as a sexual offender under s.
653943.0435 is placed on conditional release supervision is also
654subject to probation or community control, the period of court-
655ordered community supervision shall not be substituted for
656conditional release supervision and shall follow the term of
657conditional release supervision.
658     (e)  A panel of no fewer than two commissioners shall
659establish the terms and conditions of any such release. If the
660offense was a controlled substance violation, the conditions
661shall include a requirement that the offender submit to random
662substance abuse testing intermittently throughout the term of
663conditional release supervision, upon the direction of the
664correctional probation officer as defined in s. 943.10(3). The
665commission shall also determine whether the terms and conditions
666of such release have been violated and whether such violation
667warrants revocation of the conditional release.
668     (6)  The commission shall review the recommendations of the
669department, and such other information as it deems relevant, and
670may conduct a review of the inmate's record for the purpose of
671establishing the terms and conditions of the conditional
672release. The commission may impose any special conditions it
673considers warranted from its review of the release plan and
674recommendation. If the commission determines that the inmate is
675eligible for release under this section, the commission shall
676enter an order establishing the length of supervision and the
677conditions attendant thereto. However, an inmate who has been
678convicted of a violation of chapter 794 or found by the court to
679be a sexual predator is subject to the maximum level of
680supervision provided, with the mandatory conditions as required
681in subsection (7), and that supervision shall continue through
682the end of the releasee's original court-imposed sentence. The
683length of supervision must not exceed the maximum penalty
684imposed by the court. The commission may modify the conditions
685of supervision at any time as warranted in the interest of
686public safety.
687     (7)(a)  Any inmate who is convicted of a crime committed on
688or after October 1, 1995, or who has been previously convicted
689of a crime committed on or after October 1, 1995, in violation
690of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
691subject to conditional release supervision, shall have, in
692addition to any other conditions imposed, the following special
693conditions imposed by the commission:
694     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
695commission may designate another 8-hour period if the offender's
696employment precludes the above specified time, and such
697alternative is recommended by the Department of Corrections. If
698the commission determines that imposing a curfew would endanger
699the victim, the commission may consider alternative sanctions.
700     2.a.  If the victim was under the age of 18, a prohibition
701on living within 1,000 feet of a school, day care center, park,
702playground, designated public school bus stop, or other place
703where children regularly congregate. A releasee who is subject
704to this subparagraph may not relocate to a residence that is
705within 1,000 feet of a public school bus stop.
706     b.  Beginning October 1, 2004, the commission or the
707department may not approve a residence that is located within
7081,000 feet of a school, day care center, park, playground,
709designated school bus stop, or other place where children
710regularly congregate for any releasee who is subject to this
711subparagraph. On October 1, 2004, the department shall notify
712each affected school district of the location of the residence
713of a releasee 30 days prior to release and thereafter, if the
714releasee relocates to a new residence, shall notify any affected
715school district of the residence of the releasee within 30 days
716after relocation. If, on October 1, 2004, any public school bus
717stop is located within 1,000 feet of the existing residence of
718such releasee, the district school board shall relocate that
719school bus stop. Beginning October 1, 2004, a district school
720board may not establish or relocate a public school bus stop
721within 1,000 feet of the residence of a releasee who is subject
722to this subparagraph. The failure of the district school board
723to comply with this subparagraph shall not result in a violation
724of conditional release supervision.
725     c.  Beginning October 1, 2006, neither the commission nor
726the department may approve a residence located within 1,500 feet
727of a school, day care center, park, playground, designated
728school bus stop, library, or other business or place where
729children regularly congregate for any releasee who is subject to
730this subparagraph. The distance provided in this sub-
731subparagraph shall be measured in a straight line from the
732offender's place of residence to the nearest boundary line of
733the school, day care center, park, playground, library, or other
734business or place where children regularly congregate. The
735distance may not be measured by a pedestrian route or automobile
736route.
737     3.  Active participation in and successful completion of a
738sex offender treatment program with qualified practitioners
739specifically trained to treat sex offenders, at the releasee's
740own expense. If a qualified practitioner is not available within
741a 50-mile radius of the releasee's residence, the offender shall
742participate in other appropriate therapy.
743     4.  A prohibition on any contact with the victim, directly
744or indirectly, including through a third person, unless approved
745by the victim, the offender's therapist, and the sentencing
746court.
747     5.  If the victim was under the age of 18, a prohibition
748against contact with children under the age of 18 without review
749and approval by the commission. The commission may approve
750supervised contact with a child under the age of 18 if the
751approval is based upon a recommendation for contact issued by a
752qualified practitioner who is basing the recommendation on a
753risk assessment. Further, the sex offender must be currently
754enrolled in or have successfully completed a sex offender
755therapy program. The commission may not grant supervised contact
756with a child if the contact is not recommended by a qualified
757practitioner and may deny supervised contact with a child at any
758time. When considering whether to approve supervised contact
759with a child, the commission must review and consider the
760following:
761     a.  A risk assessment completed by a qualified
762practitioner. The qualified practitioner must prepare a written
763report that must include the findings of the assessment and
764address each of the following components:
765     (I)  The sex offender's current legal status;
766     (II)  The sex offender's history of adult charges with
767apparent sexual motivation;
768     (III)  The sex offender's history of adult charges without
769apparent sexual motivation;
770     (IV)  The sex offender's history of juvenile charges,
771whenever available;
772     (V)  The sex offender's offender treatment history,
773including a consultation from the sex offender's treating, or
774most recent treating, therapist;
775     (VI)  The sex offender's current mental status;
776     (VII)  The sex offender's mental health and substance abuse
777history as provided by the Department of Corrections;
778     (VIII)  The sex offender's personal, social, educational,
779and work history;
780     (IX)  The results of current psychological testing of the
781sex offender if determined necessary by the qualified
782practitioner;
783     (X)  A description of the proposed contact, including the
784location, frequency, duration, and supervisory arrangement;
785     (XI)  The child's preference and relative comfort level
786with the proposed contact, when age-appropriate;
787     (XII)  The parent's or legal guardian's preference
788regarding the proposed contact; and
789     (XIII)  The qualified practitioner's opinion, along with
790the basis for that opinion, as to whether the proposed contact
791would likely pose significant risk of emotional or physical harm
792to the child.
793
794The written report of the assessment must be given to the
795commission.
796     b.  A recommendation made as a part of the risk-assessment
797report as to whether supervised contact with the child should be
798approved;
799     c.  A written consent signed by the child's parent or legal
800guardian, if the parent or legal guardian is not the sex
801offender, agreeing to the sex offender having supervised contact
802with the child after receiving full disclosure of the sex
803offender's present legal status, past criminal history, and the
804results of the risk assessment. The commission may not approve
805contact with the child if the parent or legal guardian refuses
806to give written consent for supervised contact;
807     d.  A safety plan prepared by the qualified practitioner,
808who provides treatment to the offender, in collaboration with
809the sex offender, the child's parent or legal guardian, and the
810child, when age appropriate, which details the acceptable
811conditions of contact between the sex offender and the child.
812The safety plan must be reviewed and approved by the Department
813of Corrections before being submitted to the commission; and
814     e.  Evidence that the child's parent or legal guardian, if
815the parent or legal guardian is not the sex offender,
816understands the need for and agrees to the safety plan and has
817agreed to provide, or to designate another adult to provide,
818constant supervision any time the child is in contact with the
819offender.
820
821The commission may not appoint a person to conduct a risk
822assessment and may not accept a risk assessment from a person
823who has not demonstrated to the commission that he or she has
824met the requirements of a qualified practitioner as defined in
825this section.
826     6.  If the victim was under age 18, a prohibition on
827working for pay or as a volunteer at any school, day care
828center, park, playground, library, or other business or place
829where children regularly congregate, as prescribed by the
830commission.
831     7.  Unless otherwise indicated in the treatment plan
832provided by the sexual offender treatment program, a prohibition
833on viewing, owning, or possessing any obscene, pornographic, or
834sexually stimulating visual or auditory material, including
835telephone, electronic media, computer programs, or computer
836services that are relevant to the offender's deviant behavior
837pattern.
838     8.  Effective for a releasee whose crime is committed on or
839after July 1, 2005, a prohibition on accessing the Internet or
840other computer services until the offender's sex offender
841treatment program, after a risk assessment is completed,
842approves and implements a safety plan for the offender's
843accessing or using the Internet or other computer services.
844     9.  A requirement that the releasee must submit two
845specimens of blood to the Florida Department of Law Enforcement
846to be registered with the DNA database.
847     10.  A requirement that the releasee make restitution to
848the victim, as determined by the sentencing court or the
849commission, for all necessary medical and related professional
850services relating to physical, psychiatric, and psychological
851care.
852     11.  Submission to a warrantless search by the community
853control or probation officer of the probationer's or community
854controllee's person, residence, or vehicle.
855     (11)  Effective for a releasee whose crime was a violation
856of s. 787.01(3)(a)2., 3., 4., or 5. or s. 787.02(3)(a)2., 3.,
8574., or 5., who committed the offense on or after October 1,
8582006, and who was 18 years of age or older at the time of the
859offense, in addition to any other provision of this section, the
860commission must order electronic monitoring for the duration of
861the releasee's supervision.
862     Section 12.  Effective July 1, 2006, subsection (8) is
863added to section 947.141, Florida Statutes, to read:
864     947.141  Violations of conditional release, control
865release, or conditional medical release or addiction-recovery
866supervision.--
867     (8)  Because of the compelling state interest in protecting
868the public from sexual offenders or sexual predators granted the
869privilege of conditional release, in any hearing alleging a
870violation of conditional release by a releasee for failure to
871comply with the residency exclusion in s. 947.1405, the
872inability of the releasee to locate a residence in compliance
873with s. 947.1405 shall not be a defense to the finding of a
874violation under this section.
875     Section 13.  Subsection (4) of section 948.06, Florida
876Statutes, is amended to read:
877     948.06  Violation of probation or community control;
878revocation; modification; continuance; failure to pay
879restitution or cost of supervision.--
880     (4)  Notwithstanding any other provision of this section, a
881probationer or an offender in community control who is arrested
882for violating his or her probation or community control in a
883material respect may be taken before the court in the county or
884circuit in which the probationer or offender was arrested. That
885court shall advise him or her of such charge of a violation and,
886if such charge is admitted, shall cause him or her to be brought
887before the court which granted the probation or community
888control. If such violation is not admitted by the probationer or
889offender, the court may commit him or her or release him or her
890with or without bail to await further hearing. However, if the
891probationer or offender is under supervision for any criminal
892offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.
893827.071, or s. 847.0145, or is a registered sexual predator or a
894registered sexual offender, or is under supervision for a
895criminal offense for which he or she would meet the registration
896criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
897effective date of those sections, the court must make a finding
898that the probationer or offender poses no is not a danger to the
899public prior to release with or without bail. In determining
900that the offender poses no danger to the public the danger posed
901by the offender's or probationer's release, the court may
902consider the nature and circumstances of the violation and any
903new offenses charged; the offender's or probationer's past and
904present conduct, including convictions of crimes; any record of
905arrests without conviction for crimes involving violence or
906sexual crimes; any other evidence of allegations of unlawful
907sexual conduct or the use of violence by the offender or
908probationer; the offender's or probationer's family ties, length
909of residence in the community, employment history, and mental
910condition; his or her history and conduct during the probation
911or community control supervision from which the violation arises
912and any other previous supervisions, including disciplinary
913records of previous incarcerations; the likelihood that the
914offender or probationer will engage again in a criminal course
915of conduct; the weight of the evidence against the offender or
916probationer; whether the probationer is currently subject to
917electronic monitoring; and any other facts the court considers
918relevant. The court, as soon as is practicable, shall give the
919probationer or offender an opportunity to be fully heard on his
920or her behalf in person or by counsel. After such hearing, the
921court shall make findings of fact and forward the findings to
922the court which granted the probation or community control and
923to the probationer or offender or his or her attorney. The
924findings of fact by the hearing court are binding on the court
925which granted the probation or community control. Upon the
926probationer or offender being brought before it, the court which
927granted the probation or community control may revoke, modify,
928or continue the probation or community control or may place the
929probationer into community control as provided in this section.
930     Section 14.  Section 948.063, Florida Statutes, is amended
931to read:
932     948.063  Violations of probation or community control by
933designated sexual offenders and sexual predators.--
934     (1)  If probation or community control for any felony
935offense is revoked by the court pursuant to s. 948.06(2)(e) and
936the offender is required to register designated as a sexual
937offender or sexual predator under pursuant to s. 775.21 or as a
938sexual offender under s. 943.0435 or s. 944.607 for unlawful
939sexual activity involving a victim under 16 15 years of age or
940younger and the offender is 18 years of age or older, and if the
941court imposes a subsequent term of supervision following the
942revocation of probation or community control, the court must
943order electronic monitoring as a condition of the subsequent
944term of probation or community control.
945     (2)  If the probationer or offender is required to register
946as a sexual predator under s. 775.21 or as a sexual offender
947under s. 943.0435 for unlawful sexual activity involving a
948victim under 16 years of age and the probationer or offender is
94918 years of age or older and has violated the conditions of his
950or her probation or community control, but the court does not
951revoke the probation or community control, the court shall
952nevertheless modify the probation or community control to
953include electronic monitoring for any probationer or offender
954not then subject to electronic monitoring.
955     Section 15.  Effective September 1, 2006, paragraph (b) of
956subsection (1) and subsection (3) of section 948.30, Florida
957Statutes, are amended, and subsection (4) is added to that
958section, to read:
959     948.30  Additional terms and conditions of probation or
960community control for certain sex offenses.--Conditions imposed
961pursuant to this section do not require oral pronouncement at
962the time of sentencing and shall be considered standard
963conditions of probation or community control for offenders
964specified in this section.
965     (1)  Effective for probationers or community controllees
966whose crime was committed on or after October 1, 1995, and who
967are placed under supervision for violation of chapter 794, s.
968800.04, s. 827.071, or s. 847.0145, the court must impose the
969following conditions in addition to all other standard and
970special conditions imposed:
971     (b)1.  Except as provided in subparagraph 2., if the victim
972was under the age of 18, a prohibition on living within 1,000
973feet of a school, day care center, park, playground, or other
974place where children regularly congregate, as prescribed by the
975court. The 1,000-foot distance shall be measured in a straight
976line from the offender's place of residence to the nearest
977boundary line of the school, day care center, park, playground,
978or other place where children regularly congregate. The distance
979may not be measured by a pedestrian route or automobile route.
980     2.  For probationers or community controllees whose crime
981was committed on or after October 1, 2006, if the victim was
982under the age of 18, a prohibition on living within 1,500 feet
983of a school, day care center, park, playground, library, or
984other business or place where children regularly congregate, as
985prescribed by the court. This distance shall be measured in a
986straight line from the offender's place of residence to the
987nearest boundary line of the school, day care center, park,
988playground, library, or other business or place where children
989regularly congregate. The distance may not be measured by a
990pedestrian route or automobile route.
991     (3)  Effective for a probationer or community controllee
992whose felony offense crime was committed on or after September
9931, 2005, and who:
994     (a)  Is placed on probation or community control for a
995violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
996or s. 847.0145 and the unlawful sexual activity involved a
997victim under 16 15 years of age or younger and the offender is
99818 years of age or older;
999     (b)  Is designated a sexual predator pursuant to s. 775.21;
1000or
1001     (c)  Has previously been convicted of a violation of
1002chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
1003847.0145 and the unlawful sexual activity involved a victim
1004under 16 15 years of age or younger and the offender is 18 years
1005of age or older,
1006
1007the court must order, in addition to any other provision of this
1008section, mandatory electronic monitoring as a condition of the
1009probation or community control supervision.
1010     (4)  Effective for a probationer or community controllee
1011whose felony offense was committed on or after September 1,
10122006, and who:
1013     (a)  Is placed on probation or community control for a
1014violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
1015787.02(3)(a)2., 3., 4., or 5., chapter 794, s. 800.04(4), (5),
1016or (6), s. 827.071, or s. 847.0145 and the unlawful sexual
1017activity involved a victim under 16 years of age and the
1018offender is 18 years of age or older;
1019     (b)  Is designated a sexual predator pursuant to s. 775.21;
1020or
1021     (c)  Has previously been convicted of a violation of s.
1022787.01(3)(a)2., 3., 4., or 5., s. 787.02(3)(a)2., 3., 4., or 5.,
1023chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
1024847.0145 and the unlawful sexual activity involved a victim
1025under 16  years of age and the offender is 18 years of age or
1026older,
1027
1028the court must order, in addition to any other provision of this
1029section, mandatory electronic monitoring as a condition of the
1030probation or community control supervision.
1031     Section 16.  Section 985.4047, Florida Statutes, is created
1032to read:
1033     985.4047  Electronic monitoring of juvenile offenders
1034within juvenile facilities.--
1035     (1)  The department is authorized to employ electronic
1036monitoring of juvenile offenders incarcerated within state and
1037private juvenile offender facilities for the purpose or reducing
1038offender-on-offender violence and reducing employee sexual
1039misconduct as defined in s. 985.4045. The department must use
1040electronic monitoring systems that meet the minimum
1041specifications set forth in paragraphs (a) and (b) and are
1042consistent with the performance standards set forth in paragraph
1043(c), subject to the best commercially available technology at
1044the time of procurement. Such a system must:
1045     (a)  Have the capacity to continuously receive electronic
1046signals at a monitoring station within the correctional facility
1047from a transmitter that continuously transmits in real time and
1048identifies the specific geographic position within the facility
1049at any time of the following persons who must wear a
1050transmitter:
1051     1.  Juvenile offenders.
1052     2.  Department employees.
1053     3.  Employees of a private sector company contracted to
1054operate a juvenile facility.
1055     4.  Any visitor to a juvenile facility provided access to
1056areas designated for authorized personnel only.
1057     (b)  Use electronic monitoring transmitters worn by persons
1058in any juvenile facility that provide updates in at least 5-
1059second intervals and transmit the geographical location of a
1060person wearing a transmitter to within at least a 3-meter radius
1061of his or her actual location or to within a radius equal to the
1062width of a facility's average size sleeping quarters, whichever
1063is less, subject to the limitations relating to the state of the
1064art of the technology used and to circumstances of force
1065majeure. Transmitters worn by persons other than juvenile
1066offenders shall also include a panic safety button.
1067     (c)  Be consistent with the following technological and
1068functional performance standards:
1069     1.  Be compatible with a commercially recognized wireless
1070network access standard as designated by the department and
1071sufficient bandwidth to support additional wireless networking
1072devices to expand the capacity of the correctional facility to
1073use the service.
1074     2.  Have the capability of issuing an alarm to an internal
1075correctional monitoring station in an appropriate amount of time
1076after receiving a panic alert from an employee or visitor
1077transmitter or within an appropriate amount of time after
1078violation of the established parameters for permissible movement
1079of inmates, employees, and visitors within the facility.
1080     3.  Have the capability of maintaining a historical storage
1081capacity sufficient to store up to at least 6 months of complete
1082juvenile offender, employee, and visitor tracking data for
1083purposes of followup investigations and vendor contract
1084auditing. The system should be capable of recording the
1085continuous uninterrupted movement of all monitored individuals
1086by specific position, rather than solely by area or zone. All
1087tracking data shall also be periodically archived by appropriate
1088electronic data transfer to a permanent storage medium
1089designated as acceptable by the department and retained for at
1090least a 5-year period. In addition, tracking data collected from
1091each facility shall be electronically transmitted periodically
1092to a secure centralized offsite location designated by the
1093department and in an appropriate storage medium designated as
1094acceptable by the department as a supplemental backup to protect
1095the archived data from alteration and to prevent loss due to
1096disaster or other cause.
1097     4.  With respect to a unit affixed to a juvenile offender,
1098be capable of possessing an internal power source that is field
1099rechargeable or provides at least 1 year of normal operation
1100without the need to recharge or replace the power source.
1101Batteries used in devices should be capable of being replaced by
1102correctional employees. The device should emit signal content
1103indicating the power status of the transmitter and notifying the
1104juvenile facility monitoring station of any need to recharge or
1105replace the power source.
1106     5.  Possess and emit signal content indicating whether the
1107transmitter has been tampered with or removed.
1108     6.  Possess encrypted signal content or another feature
1109designed to discourage duplication.
1110     7.  Be shock resistant, waterproof, and capable of reliable
1111function under normal atmospheric and environmental conditions.
1112     8.  Have the capacity to sustain wear and use in a manner
1113that does not pose a safety hazard or unduly restrict the
1114activities of the offender.
1115     9.  Have the capability of being attached to the offender
1116in a manner that readily reveals any efforts to tamper with or
1117remove the transmitter upon visual inspection.
1118     10.  Either possess straps or other mechanisms for
1119attaching the transmitter to the offender which are capable of
1120being adjusted to fit an offender of any size or available in a
1121variety of sizes.
1122     11.  Be designed and constructed in such a way as to resist
1123tampering with or removal by the offender.
1124     12.  Provide a backup power source in the event of a power
1125failure.
1126     (2)  A person shall not intentionally alter, tamper with,
1127damage, or destroy any electronic monitoring equipment used to
1128monitor the location of a person within a juvenile facility,
1129unless the person is the owner of the equipment or an agent of
1130the owner performing ordinary maintenance and repairs. A person
1131violating this subsection commits a felony of the third degree,
1132punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1133     (3)  A person shall not develop, build, create, possess, or
1134use any device that is intended to mimic, clone, interfere with,
1135or jam the signal of an electronic monitoring device used to
1136monitor the location of a person within a juvenile facility. A
1137person violating this subsection commits a felony of the third
1138degree, punishable as provided in s. 775.082, s. 775.083, or s.
1139775.084.
1140     (4)  A person shall not intentionally alter, tamper with,
1141damage, or destroy any data stored in an electronic monitoring
1142device pursuant to subparagraph (1)(c)3. unless done so with
1143written permission from an authorized official of the department
1144or in compliance with a data-retention policy of the department
1145adopted by rule. A person violating this subsection commits a
1146felony of the third degree, punishable as provided in s.
1147775.082, s. 775.083, or s. 775.084.
1148     (5)  The department is authorized to adopt rules pursuant
1149to ss. 120.536(1) and 120.54 to implement the provisions of this
1150section.
1151     Section 17.  Except as otherwise expressly provided in this
1152act, this act shall take effect October 1, 2006.


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