HB 533

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 648.387,
3	F.S.; authorizing bail bond agents to provide electronic
4	monitoring equipment and services; authorizing bail bond
5	agents to contract with third-party vendors to provide
6	electronic monitoring services; authorizing bail bond
7	agents to register with a governmental entity to provide
8	electronic monitoring equipment and services in certain
9	circumstances; authorizing such agents to collect a fee
10	for electronic monitoring equipment and services;
11	providing that failure to timely pay fees constitutes
12	grounds to remand; providing that such fees are exempt
13	from specified premium requirements; amending s. 775.21,
14	F.S.; revising provisions relating to notice of the
15	presence of sexual predators; revising a prohibition on
16	work places of sexual predators; providing penalties;
17	creating s. 775.215, F.S.; specifying residency exclusions
18	for sexual offenders or sexual predators; preempting and
19	repealing certain local ordinances; amending s. 775.24,
20	F.S.; revising provisions relating to residency exclusions
21	for sexual predators and sexual offenders; amending s.
22	794.065, F.S.; providing additional residency restrictions
23	on certain offenders; providing penalties; creating s.
24	907.06, F.S.; providing for electronic monitoring of
25	certain defendants on pretrial release; requiring the
26	monitored defendant to pay fees; providing that provision
27	of electronic monitoring equipment and services is not an
28	undertaking to protect members of the public from harm
29	occasioned by a monitored defendant; prohibiting a
30	defendant being monitored from tampering with monitoring
31	equipment; creating s. 907.07, F.S.; requiring the chief
32	judge of each circuit to maintain a list of licensed bail
33	bond agents who are eligible private vendors for provision
34	of electronic monitoring equipment and services; requiring
35	registration of such vendors and certification of
36	electronic monitoring devices; providing grounds for
37	removal from the list; creating s. 907.08, F.S.; providing
38	standards for privately owned electronic monitoring
39	systems; creating s. 907.09, F.S.; providing criminal
40	penalties for tampering with electronic monitoring
41	devices; providing criminal penalties for cloning or
42	jamming the signal of an electronic monitoring device;
43	providing criminal penalties for the alteration or
44	destruction of data stored or transmitted by an electronic
45	monitoring device with specified intent; creating s.
46	944.161, F.S.; providing for electronic monitoring of
47	inmates within correctional facilities; requiring
48	monitoring of certain employees and visitors to such
49	facilities; providing system requirements; prohibiting
50	specified actions relating to such monitoring systems and
51	data from such systems; providing penalties; providing
52	rulemaking authority; providing for applicability of
53	specified provisions to certain existing contracts;
54	amending s. 947.1405, F.S.; providing additional
55	conditional release restrictions for certain offenders;
56	amending s. 947.141, F.S.; revising provisions relating to
57	hearings alleging a violation of community release by
58	specified releasees for failure to comply with specified
59	residency exclusions; amending s. 948.06, F.S.; revising
60	provisions relating to probation or community control for
61	sexual predators and sexual offenders; amending s. 948.30,
62	F.S.; providing additional probation or community control
63	restrictions for certain offenders; creating s. 985.6012,
64	F.S.; providing for electronic monitoring of juvenile
65	offenders within juvenile facilities; requiring monitoring
66	of certain employees and visitors to such facilities;
67	providing system requirements; prohibiting specified
68	actions relating to such monitoring systems and data from
69	such systems; providing penalties; providing an effective
70	date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Subsection (6) is added to section 648.387,
75	Florida Statutes, to read:
76	648.387  Primary bail bond agents; duties; provision of
77	electronic monitoring equipment and services by licensed
78	agents.--
79	(6)(a)  A licensed bail bond agent qualifying under s.
80	907.07 may provide electronic monitoring equipment and services
81	for defendants released from custody on a surety bond and
82	subject to conditions including electronic monitoring. A
83	licensed bail bond agent may subcontract with a third party to
84	provide these services if the third party complies with the
85	requirements under s. 907.07. A licensed bail bond agent
86	qualifying under s. 907.07 may also register with a governmental
87	entity to provide electronic monitoring equipment and services
88	under contract with that entity.
89	(b)  A licensed bail bond agent may charge a defendant
90	subject to electronic monitoring a reasonable, nonrefundable fee
91	for electronic monitoring equipment and services. The amount of
92	the fee charged in each judicial circuit shall not exceed the
93	maximum daily fee set annually by the chief judge for the
94	judicial circuit in which the defendant is released. The failure
95	of a defendant to pay this fee in a timely manner shall
96	constitute grounds for the licensed bail bond agent to remand
97	the defendant to the custody of the court or appropriate law
98	enforcement agency. Fees charged by a bail bond agent for
99	electronic monitoring equipment and services shall not be
100	considered part of the bail bond premium and shall be exempt
101	from the provisions of s. 648.33.
102	(c)  Records and receipts for electronic monitoring
103	equipment and services provided by a licensed bail bond agent
104	shall be kept separate and apart from bail bond records and
105	shall be available for inspection by the court or the
106	appropriate governmental entity.
107	Section 2.  Paragraph (a) of subsection (7) and paragraph
108	(b) of subsection (10) of section 775.21, Florida Statutes, are
109	amended to read:
110	775.21  The Florida Sexual Predators Act.--
111	(7)  COMMUNITY AND PUBLIC NOTIFICATION.--
112	(a)  Law enforcement agencies must inform members of the
113	community and the public of a sexual predator's presence. Upon
114	notification of the presence of a sexual predator, the sheriff
115	of the county or the chief of police of the municipality where
116	the sexual predator establishes or maintains a permanent or
117	temporary residence shall notify members of the community and
118	the public of the presence of the sexual predator in a manner
119	deemed appropriate by the sheriff or the chief of police. Within
120	48 hours after receiving notification of the presence of a
121	sexual predator, the sheriff of the county or the chief of
122	police of the municipality where the sexual predator temporarily
123	or permanently resides shall notify each licensed day care
124	center, elementary school, middle school, and high school, and
125	library within a 1-mile radius of the temporary or permanent
126	residence of the sexual predator of the presence of the sexual
127	predator. Information provided to members of the community and
128	the public regarding a sexual predator must include:
129	1.  The name of the sexual predator;
130	2.  A description of the sexual predator, including a
131	photograph;
132	3.  The sexual predator's current address, including the
133	name of the county or municipality if known;
134	4.  The circumstances of the sexual predator's offense or
135	offenses; and
136	5.  Whether the victim of the sexual predator's offense or
137	offenses was, at the time of the offense, a minor or an adult.
138
139	This paragraph does not authorize the release of the name of any
140	victim of the sexual predator.
141	(10)  PENALTIES.--
142	(b)  A sexual predator who has been convicted of or found
143	to have committed, or has pled nolo contendere or guilty to,
144	regardless of adjudication, any violation, or attempted
145	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
146	the victim is a minor and the defendant is not the victim's
147	parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
148	796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s.
149	847.0145; or s. 985.701(1); or a violation of a similar law of
150	another jurisdiction when the victim of the offense was a minor,
151	and who works, whether for compensation or as a volunteer, at
152	any business, school, day care center, park, playground,
153	library, or business or other place where children regularly
154	congregate, commits a felony of the third degree, punishable as
155	provided in s. 775.082, s. 775.083, or s. 775.084.
156	Section 3.  Section 775.215, Florida Statutes, is created
157	to read:
158	775.215  Residency exclusions for sexual offenders or
159	predators; local ordinances preempted.--
160	(1)  The establishment of residency exclusions applicable
161	to the residences of a person required to register as a sexual
162	offender or sexual predator is expressly preempted to the state,
163	and the provisions of ss. 794.065, 947.1405, and 948.30
164	establishing such exclusions supersede any municipal or county
165	ordinances imposing different exclusions.
166	(2)  A provision of any ordinance adopted by a county or
167	municipality prior to October 1, 2007, imposing residency
168	exclusions for the residences of persons subject to the
169	provisions of s. 794.065, s. 947.1405, or s. 948.30 is repealed
170	and abolished as of October 1, 2007.
171	Section 4.  Subsection (2) of section 775.24, Florida
172	Statutes, is amended to read:
173	775.24  Duty of the court to uphold laws governing sexual
174	predators and sexual offenders.--
175	(2)  If a person meets the criteria in this chapter for
176	designation as a sexual predator or meets the criteria in s.
177	943.0435, s. 944.606, s. 944.607, or any other law for
178	classification as a sexual offender, the court may not enter an
179	order, for the purpose of approving a plea agreement or for any
180	other reason, which:
181	(a)  Exempts a person who meets the criteria for
182	designation as a sexual predator or classification as a sexual
183	offender from such designation or classification, or exempts
184	such person from the requirements for registration or community
185	and public notification imposed upon sexual predators and sexual
186	offenders, or exempts such person from the residency exclusions
187	contained in ss. 794.065, 947.1405, and 948.30;
188	(b)  Restricts the compiling, reporting, or release of
189	public records information that relates to sexual predators or
190	sexual offenders; or
191	(c)  Prevents any person or entity from performing its
192	duties or operating within its statutorily conferred authority
193	as such duty or authority relates to sexual predators or sexual
194	offenders.
195	Section 5.  Section 794.065, Florida Statutes, is amended
196	to read:
197	794.065  Unlawful place of residence for persons convicted
198	of certain sex offenses.--
199	(1)(a)  It is unlawful for any person who has been
200	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
201	or s. 847.0145 committed on or after October 1, 2004, regardless
202	of whether adjudication has been withheld, in which the victim
203	of the offense was less than 16 years of age, to reside within
204	1,000 feet of any school, day care center, park, or playground.
205	(b)  A person who violates this subsection section and
206	whose conviction for an offense listed in paragraph (a) under s.
207	794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
208	as:
209	1.  A felony of the first degree or higher, commits a
210	felony of the third degree, punishable as provided in s. 775.082
211	or s. 775.083. A person who violates this section and whose
212	conviction under s. 794.011, s. 800.04, s. 827.071, or s.
213	847.0145 was classified as
214	2.  A felony of the second or third degree, commits a
215	misdemeanor of the first degree, punishable as provided in s.
216	775.082 or s. 775.083.
217	(2)(a)  It is unlawful for any person who has been
218	convicted of a violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
219	787.02(3)(a)2., 3., 4., or 5., s. 794.011, s. 800.04, s.
220	827.071, or s. 847.0145 committed on or after October 1, 2007,
221	regardless of whether adjudication has been withheld, in which
222	the victim of the offense was less than 16 years of age, to
223	reside within 1,500 feet of any school, day care center, park,
224	playground, library, or business or other place where children
225	regularly congregate.
226	(b)  A person violating this subsection whose conviction of
227	an offense listed in paragraph (a) was classified as:
228	1.  A felony of the first degree or higher, commits a
229	felony of the third degree, punishable as provided in s. 775.082
230	or s. 775.083.
231	2.  A felony of the second or third degree, commits a
232	misdemeanor of the first degree, punishable as provided in s.
233	775.082 or s. 775.083.
234	(c)  For purposes of this subsection, distances shall be
235	measured in a straight line from the offender's place of
236	residence to the nearest boundary line of the school, day care
237	center, park, playground, library, or business or other place
238	where children regularly congregate. Distances may not be
239	measured by a pedestrian route or automobile route.
240	(2)  This section applies to any person convicted of a
241	violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145
242	for offenses that occur on or after October 1, 2004.
243	Section 6.  Section 907.06, Florida Statutes, is created to
244	read:
245	907.06  Electronic monitoring of certain defendants;
246	general requirements for equipment and services.--
247	(1)(a)  The court may order a defendant charged with a
248	forcible felony or a sexual offense, or charged with any crime
249	and previously convicted of a forcible felony or a sexual
250	offense, to be released from custody on a surety bond subject to
251	conditions that include, without limitation, electronic
252	monitoring, if electronic monitoring is available in the
253	jurisdiction.
254	(b)  For purposes of this section, the term:
255	1.  "Forcible felony" has the same meaning as in s. 776.08.
256	2.  "Sexual offense" includes any of the offenses contained
257	in s. 943.0435(1)(a)1.
258	(2)  A defendant who is released on a surety bond that
259	includes a condition requiring electronic monitoring shall pay a
260	reasonable fee for equipment use and monitoring as an additional
261	condition of pretrial release not to exceed the maximum daily
262	fee set by the chief judge of the judicial circuit in which the
263	defendant is released.
264	(3)(a)  Electronic monitoring shall include the equipment
265	and services necessary to continuously receive electronic
266	signals from the transmitter worn by the defendant to determine
267	the defendant's geographic position at any time to within 10
268	meters, using global positioning satellite (GPS) technology,
269	subject to the limitations related to the technology and to
270	circumstances of force majeure.
271	(b)  Provision of electronic monitoring equipment and
272	services may be undertaken as a primary responsibility of a
273	governmental entity or a licensed bail bond agent qualifying as
274	a vendor under s. 907.07.
275	(c)  A governmental entity or licensed bail bond agent may
276	subcontract with an eligible third-party vendor for electronic
277	monitoring equipment and services, provided the third-party
278	vendor complies with all provisions of this subsection and s.
279	907.08 and operates under the direction and control of the
280	governmental entity or licensed bail bond agent. A governmental
281	entity subcontracting for electronic monitoring equipment and
282	services must select the third-party vendor through a
283	competitive bidding process.
284	(4)(a)  Any governmental entity or bail bond agent
285	providing electronic monitoring services must report any known
286	violations of the defendant's pretrial release conditions to the
287	appropriate court, law enforcement agency, and state attorney as
288	soon as possible. Additionally, if a third-party vendor is
289	providing the electronic monitoring equipment and services under
290	a subcontract, the third-party vendor must report any known
291	violations to the governmental entity or bail bond agent with
292	whom the third-party vendor has a subcontract.
293	(b)  Notwithstanding the reporting requirements in
294	paragraph (a), the provision of electronic monitoring services
295	by a governmental entity or bail bond agent, or any
296	subcontractor thereof, shall not constitute a legal duty to
297	protect members of the public from criminal acts committed by a
298	monitored defendant. The sole purpose of electronic monitoring
299	is to give the governmental entity, bail bond agent, or law
300	enforcement agency, upon request, an indication of the physical
301	location of the monitored defendant at any point in time. The
302	governmental entity or licensed bail bond agent, or any
303	subcontractor thereof, is not responsible to third parties for
304	the failure of the monitoring equipment or for the criminal acts
305	of the monitored defendant.
306	(5)  A defendant released in accordance with this section
307	shall not alter, tamper with, damage, or destroy any electronic
308	monitoring equipment or the data recorded by such equipment. A
309	defendant notified of a malfunction in the equipment shall
310	immediately cooperate with the governmental entity, bail bond
311	agent, or subcontractor thereof to restore the equipment to
312	proper functioning. A violation of this subsection shall
313	constitute a violation of pretrial release and be grounds for
314	the defendant to be remanded to the court or appropriate law
315	enforcement agency.
316	Section 7.  Section 907.07, Florida Statutes, is created to
317	read:
318	907.07  Vendors of electronic monitoring equipment and
319	services; bail bond agent eligibility; process; standards.--
320	(1)  This section shall not apply to electronic monitoring
321	services and equipment provided directly by a governmental
322	entity.
323	(2)  The chief judge of each judicial circuit shall
324	maintain a list of all licensed bail bond agents qualified
325	pursuant to this section to serve as vendors of electronic
326	monitoring equipment and services in the judicial circuit. To
327	qualify as a vendor, a licensed bail bond agent must:
328	(a)  Register the name of the licensed bail bond agent and,
329	if applicable, the subcontractor; the name and telephone number
330	of the individual employed by the licensed bail bond agent and,
331	if applicable, the subcontractor that is serving as the contact
332	person for the licensed bail bond agent and, if applicable, the
333	subcontractor; and the address of the licensed bail bond agent
334	and, if applicable, the subcontractor.
335	(b)  Certify in writing, both initially and annually by
336	January 1, thereafter, the following:
337	1.  That the electronic monitoring equipment used by the
338	licensed bail bond agent or subcontractor complies with the
339	specifications for privately owned electronic monitoring devices
340	pursuant to s. 907.08.
341	2.  The maximum daily fee to be charged a defendant for
342	electronic monitoring services in that judicial circuit.
343	3.  That the licensed bail bond agent or subcontractor has
344	not pled nolo contendere to, or been adjudicated guilty or
345	convicted of, a felony offense.
346	(c)  Promptly notify the chief judge of any changes in the
347	registration information required under this section.
348	(3)  The chief judge may remove any licensed bail bond
349	agent from the list of eligible vendors if:
350	(a)  The licensed bail bond agent fails to comply with the
351	registration or recertification requirements of this section;
352	(b)  The licensed bail bond agent or, if applicable, the
353	subcontractor fails to properly monitor any defendant pursuant
354	to s. 907.06;
355	(c)  The licensed bail bond agent charges a defendant a fee
356	for electronic monitoring services and equipment in excess of
357	the maximum amount established by the chief judge for the
358	judicial circuit in which the defendant is released; or
359	(d)  The licensed bail bond agent or, if applicable, the
360	subcontractor has pled nolo contendere to, or been adjudicated
361	guilty or convicted of, a felony offense.
362	Section 8.  Section 907.08, Florida Statutes, is created to
363	read:
364	907.08  Standards for privately owned electronic monitoring
365	system.--To be eligible for use for electronic monitoring of a
366	defendant under s. 907.06, a privately owned electronic
367	monitoring system must meet the minimum specifications in
368	subsections (1) and (2) and must be consistent with the
369	performance standards in subsections (3)-(9), subject to the
370	best commercially available technology at time of procurement.
371	Such a system must:
372	(1)  Use a transmitter unit that meets certification
373	standards approved by the Federal Communications Commission.
374	(2)(a)  Emit signal content 24 hours per day identifying
375	the specific device being worn by the defendant and the
376	defendant's physical location using global positioning satellite
377	(GPS) technology accurate to within 10 meters; or
378	(b)  Receive signal content 24 hours per day determining
379	the defendant's physical location using GPS technology accurate
380	to within 10 meters, recording the defendant's physical
381	locations throughout the day, and being capable of transmitting
382	that record of locations to the vendor at least daily.
383	(3)  With respect to a unit affixed to a defendant, possess
384	an internal power source that provides a minimum of 1 year of
385	normal operation without having to recharge or replace the power
386	source. The device must emit signal content indicating its power
387	status and notifying the vendor when the power source needs to
388	be recharged or replaced.
389	(4)  Possess and emit signal content indicating whether the
390	transmitter has been tampered with or removed.
391	(5)  Possess encrypted signal content or another feature
392	designed to discourage duplication.
393	(6)  Be shock resistant, waterproof, and capable of
394	reliable function under normal atmospheric and environmental
395	conditions.
396	(7)  Be capable of wear and use in a manner that does not
397	pose a safety hazard or unduly restrict the activities of the
398	defendant.
399	(8)  Be capable of being attached to the defendant in a
400	manner that readily reveals any efforts to tamper with or remove
401	the transmitter upon visual inspection.
402	(9)  Make use of straps or other mechanisms for attaching
403	the transmitter to the defendant that are capable of being
404	adjusted to fit a defendant of any size or are available in a
405	variety of sizes.
406	Section 9.  Section 907.09, Florida Statutes, is created to
407	read:
408	907.09  Offenses related to electronic monitoring
409	devices.--It is a felony of the third degree, punishable as
410	provided in s. 775.082, s. 775.083, or s. 775.084, for a person
411	to:
412	(1)  Intentionally alter, tamper with, damage, or destroy
413	any electronic monitoring device used to monitor the location of
414	a person pursuant to court order, unless the person is the owner
415	of the equipment or an agent of the owner performing ordinary
416	maintenance and repairs.
417	(2)  Develop, build, create, possess, or use any device
418	that is intended to mimic, clone, interfere with, or jam the
419	signal of an electronic monitoring device used to monitor the
420	location of a defendant pursuant to court order.
421	(3)  Intentionally alter, tamper with, damage, or destroy
422	any data stored or transmitted by any electronic monitoring
423	device used to monitor the location of a defendant pursuant to
424	court order with the intent to violate the court order or to
425	conceal a violation.
426	Section 10.  Section 944.161, Florida Statutes, is created
427	to read:
428	944.161  Electronic monitoring of inmates within
429	correctional facilities.--
430	(1)  The department is authorized to employ electronic
431	monitoring of inmates incarcerated within state and private
432	correctional facilities. The department must use electronic
433	monitoring systems that meet the minimum specifications in
434	paragraphs (a) and (b) and are consistent with the performance
435	standards in paragraph (c), subject to the best commercially
436	available technology at the time of procurement. Such a system
437	must:
438	(a)  Have the capacity to continuously receive electronic
439	signals at a monitoring station within the correctional facility
440	from a transmitter that continuously transmits in real time and
441	identifies the specific geographic position within the facility
442	at any time of the following persons who must wear a
443	transmitter:
444	1.  Inmates.
445	2.  Department employees.
446	3.  Employees of any private-sector company contracted to
447	operate a correctional facility.
448	4.  Any visitor to a correctional facility provided access
449	to areas designated for authorized personnel only.
450	(b)  Use electronic monitoring transmitters worn by persons
451	in any correctional facility that are capable of providing
452	updates in at least 5-second intervals and transmit the
453	geographical location of a person wearing a transmitter to
454	within at least a 3-meter radius of his or her actual location
455	or to within a radius equal to the width of a facility's average
456	size sleeping quarters, whichever is less, subject to the
457	limitations relating to the state of the art of the technology
458	used and to circumstances of force majeure. Transmitters worn by
459	persons other than inmates shall also include a panic safety
460	button.
461	(c)  Be consistent with the following technological and
462	functional performance standards:
463	1.  Be compatible with a commercially recognized wireless
464	network access standard as designated by the department and have
465	sufficient bandwidth to support additional wireless networking
466	devices to expand the capacity of the correctional facility to
467	use the service.
468	2.  Be capable of issuing an alarm to an internal
469	correctional monitoring station in an appropriate amount of time
470	after receiving a panic alert from an employee or visitor
471	transmitter or within an appropriate amount of time after
472	violation of the established parameters for permissible movement
473	of inmates, employees, and visitors within the facility.
474	3.  Be capable of maintaining a historical storage capacity
475	sufficient to store up to at least 6 months of complete inmate,
476	employee, and visitor tracking data for purposes of followup
477	investigations and vendor contract auditing. The system should
478	be capable of recording the continuous uninterrupted movement of
479	all monitored individuals by specific position, rather than
480	solely by area or zone. All tracking data shall also be
481	periodically archived by appropriate electronic data transfer to
482	a permanent storage medium designated as acceptable by the
483	department and retained for at least a 5-year period. In
484	addition, tracking data collected from each facility shall be
485	electronically transmitted periodically to a secure centralized
486	offsite location designated by the department and in an
487	appropriate storage medium designated as acceptable by the
488	department as a supplemental backup to protect the archived data
489	from alteration and to prevent loss due to disaster or other
490	cause.
491	4.  With respect to a transmitter affixed to an inmate,
492	possess an internal power source that is field rechargeable or
493	provides at least 1 year of normal operation without the need to
494	recharge or replace the power source. Batteries used in devices
495	should be capable of being replaced by correctional employees.
496	The device should emit signal content indicating the power
497	status of the transmitter and notifying the correctional
498	facility monitoring station of any need to recharge or replace
499	the power source.
500	5.  Possess and emit signal content indicating whether the
501	transmitter has been tampered with or removed.
502	6.  Possess encrypted signal content or another feature
503	designed to discourage duplication.
504	7.  Be shock resistant, waterproof, and capable of reliable
505	function under normal atmospheric and environmental conditions.
506	8.  Be capable of sustaining wear and use in a manner that
507	does not pose a safety hazard or unduly restrict the activities
508	of the inmate.
509	9.  Be capable of being attached to the inmate in a manner
510	that readily reveals any efforts to tamper with or remove the
511	transmitter upon visual inspection.
512	10.  Possess straps or other mechanisms for attaching the
513	transmitter to the inmate that are capable of being adjusted to
514	fit an inmate of any size or are available in a variety of
515	sizes.
516	11.  Be designed and constructed in such a way as to resist
517	tampering with or removal by the inmate.
518	12.  Provide a backup power source in the event of a power
519	failure.
520	(2)  It is a felony of the third degree, punishable as
521	provided in s. 775.082, s. 775.083, or s. 775.084, for a person
522	to:
523	(a)  Intentionally alter, tamper with, damage, or destroy
524	any electronic monitoring equipment used to monitor the location
525	of a person within a correctional facility, unless the person is
526	the owner of the equipment or an agent of the owner performing
527	ordinary maintenance and repairs.
528	(b)  Develop, build, create, possess, or use any device
529	that is intended to mimic, clone, interfere with, or jam the
530	signal of an electronic monitoring device used to monitor the
531	location of a person within a correctional facility.
532	(c)  Intentionally alter, tamper with, damage, or destroy
533	any data stored in an electronic monitoring device pursuant to
534	subparagraph (1)(c)3. unless done so with written permission
535	from an authorized official of the department or in compliance
536	with a data-retention policy of the department adopted by rule.
537	(3)  The department is authorized to adopt rules pursuant
538	to ss. 120.536(1) and 120.54 to implement the provisions of this
539	section.
540	Section 11.  The provisions of section 944.161(1), Florida
541	Statutes, as created by this act, do not apply to contracts
542	executed pursuant to chapter 957, Florida Statutes, before July
543	1, 2007, between the Department of Management Services and
544	private prison providers.
545	Section 12.  Effective July 1, 2007, subsections (2) and
546	(6) and paragraph (a) of subsection (7) of section 947.1405,
547	Florida Statutes, are amended, and subsection (11) is added to
548	that section, to read:
549	947.1405  Conditional release program.--
550	(2)(a)  Any inmate who:
551	1.(a)  Is convicted of a crime committed on or after
552	October 1, 1988, and before January 1, 1994;, and any inmate who
553	is convicted of a crime committed on or after January 1, 1994,
554	which crime is or was contained in category 1, category 2,
555	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
556	Rules of Criminal Procedure (1993), and who has served at least
557	one prior felony commitment at a state or federal correctional
558	institution; or is convicted of a violation of any of the
559	following statutory provisions committed on or after July 1,
560	2007:
561	a.  Kidnapping, under s. 787.01(3)(a)2., 3., 4., or 5.;
562	b.  False imprisonment, under s. 787.02(3)(a)2., 3., 4., or
563	5.;
564	c.  Sexual performance by a child, under s. 827.071; or
565	d.  Selling or buying of minors, under s. 847.0145;
566	2.(b)  Is sentenced as a habitual or violent habitual
567	offender or a violent career criminal pursuant to s. 775.084; or
568	3.(c)  Is found to be a sexual predator under s. 775.21 or
569	former s. 775.23,
570
571	shall, upon reaching the tentative release date or provisional
572	release date, whichever is earlier, as established by the
573	Department of Corrections, be released under supervision subject
574	to specified terms and conditions, including payment of the cost
575	of supervision pursuant to s. 948.09. Such supervision shall be
576	applicable to all sentences within the overall term of sentences
577	if an inmate's overall term of sentences includes one or more
578	sentences that are eligible for conditional release supervision
579	as provided herein.
580	(b)  Effective July 1, 1994, and applicable for offenses
581	committed on or after that date, the commission may require, as
582	a condition of conditional release, that the releasee make
583	payment of the debt due and owing to a county or municipal
584	detention facility under s. 951.032 for medical care, treatment,
585	hospitalization, or transportation received by the releasee
586	while in that detention facility. The commission, in determining
587	whether to order such repayment and the amount of such
588	repayment, shall consider the amount of the debt, whether there
589	was any fault of the institution for the medical expenses
590	incurred, the financial resources of the releasee, the present
591	and potential future financial needs and earning ability of the
592	releasee, and dependents, and other appropriate factors.
593	(c)  If any inmate, other than an inmate required to
594	register as a sexual predator under s. 775.21 or as a sexual
595	offender under s. 943.0435, placed on conditional release
596	supervision is also subject to probation or community control,
597	resulting from a probationary or community control split
598	sentence within the overall term of sentences, the Department of
599	Corrections shall supervise such person according to the
600	conditions imposed by the court and the commission shall defer
601	to such supervision. If the court revokes probation or community
602	control and resentences the offender to a term of incarceration,
603	such revocation also constitutes a sufficient basis for the
604	revocation of the conditional release supervision on any
605	nonprobationary or noncommunity control sentence without further
606	hearing by the commission. If any such supervision on any
607	nonprobationary or noncommunity control sentence is revoked,
608	such revocation may result in a forfeiture of all gain-time, and
609	the commission may revoke the resulting deferred conditional
610	release supervision or take other action it considers
611	appropriate. If the term of conditional release supervision
612	exceeds that of the probation or community control, then, upon
613	expiration of the probation or community control, authority for
614	the supervision shall revert to the commission and the
615	supervision shall be subject to the conditions imposed by the
616	commission.
617	(d)  If any inmate required to register as a sexual
618	predator under s. 775.21 or as a sexual offender under s.
619	943.0435 is placed on conditional release supervision and is
620	also subject to probation or community control, the period of
621	court-ordered community supervision shall not be substituted for
622	conditional release supervision and shall follow the term of
623	conditional release supervision.
624	(e)  A panel of no fewer than two commissioners shall
625	establish the terms and conditions of any such release. If the
626	offense was a controlled substance violation, the conditions
627	shall include a requirement that the offender submit to random
628	substance abuse testing intermittently throughout the term of
629	conditional release supervision, upon the direction of the
630	correctional probation officer as defined in s. 943.10(3). The
631	commission shall also determine whether the terms and conditions
632	of such release have been violated and whether such violation
633	warrants revocation of the conditional release.
634	(6)  The commission shall review the recommendations of the
635	department, and such other information as it deems relevant, and
636	may conduct a review of the inmate's record for the purpose of
637	establishing the terms and conditions of the conditional
638	release. The commission may impose any special conditions it
639	considers warranted from its review of the release plan and
640	recommendation. If the commission determines that the inmate is
641	eligible for release under this section, the commission shall
642	enter an order establishing the length of supervision and the
643	conditions attendant thereto. However, an inmate who has been
644	convicted of a violation of chapter 794 or found by the court to
645	be a sexual predator is subject to the maximum level of
646	supervision provided, with the mandatory conditions as required
647	in subsection (7), and that supervision shall continue through
648	the end of the releasee's original court-imposed sentence. The
649	length of supervision must not exceed the maximum penalty
650	imposed by the court. The commission may modify the conditions
651	of supervision at any time as warranted in the interest of
652	public safety.
653	(7)(a)  Any inmate who is convicted of a crime committed on
654	or after October 1, 1995, or who has been previously convicted
655	of a crime committed on or after October 1, 1995, in violation
656	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
657	subject to conditional release supervision, shall have, in
658	addition to any other conditions imposed, the following special
659	conditions imposed by the commission:
660	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
661	commission may designate another 8-hour period if the offender's
662	employment precludes the above specified time, and such
663	alternative is recommended by the Department of Corrections. If
664	the commission determines that imposing a curfew would endanger
665	the victim, the commission may consider alternative sanctions.
666	2.a.  If the victim was under the age of 18, a prohibition
667	on living within 1,000 feet of a school, day care center, park,
668	playground, designated public school bus stop, or other place
669	where children regularly congregate. A releasee who is subject
670	to this subparagraph may not relocate to a residence that is
671	within 1,000 feet of a public school bus stop.
672	b.  Beginning October 1, 2004, the commission or the
673	department may not approve a residence that is located within
674	1,000 feet of a school, day care center, park, playground,
675	designated school bus stop, or other place where children
676	regularly congregate for any releasee who is subject to this
677	subparagraph. On October 1, 2004, the department shall notify
678	each affected school district of the location of the residence
679	of a releasee 30 days prior to release and thereafter, if the
680	releasee relocates to a new residence, shall notify any affected
681	school district of the residence of the releasee within 30 days
682	after relocation. If, on October 1, 2004, any public school bus
683	stop is located within 1,000 feet of the existing residence of
684	such releasee, the district school board shall relocate that
685	school bus stop. Beginning October 1, 2004, a district school
686	board may not establish or relocate a public school bus stop
687	within 1,000 feet of the residence of a releasee who is subject
688	to this subparagraph. The failure of the district school board
689	to comply with this subparagraph shall not result in a violation
690	of conditional release supervision.
691	c.  Beginning October 1, 2007, neither the commission nor
692	the department may approve a residence located within 1,500 feet
693	of a school, day care center, park, playground, designated
694	school bus stop, library, or business or other place where
695	children regularly congregate for any releasee who is subject to
696	this subparagraph. The distance provided in this sub-
697	subparagraph shall be measured in a straight line from the
698	offender's place of residence to the nearest boundary line of
699	the school, day care center, park, playground, library, or other
700	business or place where children regularly congregate. The
701	distance may not be measured by a pedestrian route or automobile
702	route.
703	3.  Active participation in and successful completion of a
704	sex offender treatment program with qualified practitioners
705	specifically trained to treat sex offenders, at the releasee's
706	own expense. If a qualified practitioner is not available within
707	a 50-mile radius of the releasee's residence, the offender shall
708	participate in other appropriate therapy.
709	4.  A prohibition on any contact with the victim, directly
710	or indirectly, including through a third person, unless approved
711	by the victim, the offender's therapist, and the sentencing
712	court.
713	5.  If the victim was under the age of 18, a prohibition
714	against contact with children under the age of 18 without review
715	and approval by the commission. The commission may approve
716	supervised contact with a child under the age of 18 if the
717	approval is based upon a recommendation for contact issued by a
718	qualified practitioner who is basing the recommendation on a
719	risk assessment. Further, the sex offender must be currently
720	enrolled in or have successfully completed a sex offender
721	therapy program. The commission may not grant supervised contact
722	with a child if the contact is not recommended by a qualified
723	practitioner and may deny supervised contact with a child at any
724	time. When considering whether to approve supervised contact
725	with a child, the commission must review and consider the
726	following:
727	a.  A risk assessment completed by a qualified
728	practitioner. The qualified practitioner must prepare a written
729	report that must include the findings of the assessment and
730	address each of the following components:
731	(I)  The sex offender's current legal status;
732	(II)  The sex offender's history of adult charges with
733	apparent sexual motivation;
734	(III)  The sex offender's history of adult charges without
735	apparent sexual motivation;
736	(IV)  The sex offender's history of juvenile charges,
737	whenever available;
738	(V)  The sex offender's offender treatment history,
739	including a consultation from the sex offender's treating, or
740	most recent treating, therapist;
741	(VI)  The sex offender's current mental status;
742	(VII)  The sex offender's mental health and substance abuse
743	history as provided by the Department of Corrections;
744	(VIII)  The sex offender's personal, social, educational,
745	and work history;
746	(IX)  The results of current psychological testing of the
747	sex offender if determined necessary by the qualified
748	practitioner;
749	(X)  A description of the proposed contact, including the
750	location, frequency, duration, and supervisory arrangement;
751	(XI)  The child's preference and relative comfort level
752	with the proposed contact, when age-appropriate;
753	(XII)  The parent's or legal guardian's preference
754	regarding the proposed contact; and
755	(XIII)  The qualified practitioner's opinion, along with
756	the basis for that opinion, as to whether the proposed contact
757	would likely pose significant risk of emotional or physical harm
758	to the child.
759
760	The written report of the assessment must be given to the
761	commission.
762	b.  A recommendation made as a part of the risk-assessment
763	report as to whether supervised contact with the child should be
764	approved;
765	c.  A written consent signed by the child's parent or legal
766	guardian, if the parent or legal guardian is not the sex
767	offender, agreeing to the sex offender having supervised contact
768	with the child after receiving full disclosure of the sex
769	offender's present legal status, past criminal history, and the
770	results of the risk assessment. The commission may not approve
771	contact with the child if the parent or legal guardian refuses
772	to give written consent for supervised contact;
773	d.  A safety plan prepared by the qualified practitioner,
774	who provides treatment to the offender, in collaboration with
775	the sex offender, the child's parent or legal guardian, and the
776	child, when age appropriate, which details the acceptable
777	conditions of contact between the sex offender and the child.
778	The safety plan must be reviewed and approved by the Department
779	of Corrections before being submitted to the commission; and
780	e.  Evidence that the child's parent or legal guardian, if
781	the parent or legal guardian is not the sex offender,
782	understands the need for and agrees to the safety plan and has
783	agreed to provide, or to designate another adult to provide,
784	constant supervision any time the child is in contact with the
785	offender.
786
787	The commission may not appoint a person to conduct a risk
788	assessment and may not accept a risk assessment from a person
789	who has not demonstrated to the commission that he or she has
790	met the requirements of a qualified practitioner as defined in
791	this section.
792	6.  If the victim was under age 18, a prohibition on
793	working for pay or as a volunteer at any school, day care
794	center, park, playground, library, or business or other place
795	where children regularly congregate, as prescribed by the
796	commission.
797	7.  Unless otherwise indicated in the treatment plan
798	provided by the sexual offender treatment program, a prohibition
799	on viewing, owning, or possessing any obscene, pornographic, or
800	sexually stimulating visual or auditory material, including
801	telephone, electronic media, computer programs, or computer
802	services that are relevant to the offender's deviant behavior
803	pattern.
804	8.  Effective for a releasee whose crime is committed on or
805	after July 1, 2005, a prohibition on accessing the Internet or
806	other computer services until the offender's sex offender
807	treatment program, after a risk assessment is completed,
808	approves and implements a safety plan for the offender's
809	accessing or using the Internet or other computer services.
810	9.  A requirement that the releasee must submit two
811	specimens of blood to the Florida Department of Law Enforcement
812	to be registered with the DNA database.
813	10.  A requirement that the releasee make restitution to
814	the victim, as determined by the sentencing court or the
815	commission, for all necessary medical and related professional
816	services relating to physical, psychiatric, and psychological
817	care.
818	11.  Submission to a warrantless search by the community
819	control or probation officer of the probationer's or community
820	controllee's person, residence, or vehicle.
821	(11)  Effective for a releasee whose crime was a violation
822	of s. 787.01(3)(a)2., 3., 4., or 5. or s. 787.02(3)(a)2., 3.,
823	4., or 5., committed on or after October 1, 2007, and who was 18
824	years of age or older at the time of the offense, in addition to
825	any other provision of this section, the commission must order
826	electronic monitoring for the duration of the releasee's
827	supervision.
828	Section 13.  Effective July 1, 2007, subsection (8) is
829	added to section 947.141, Florida Statutes, to read:
830	947.141  Violations of conditional release, control
831	release, or conditional medical release or addiction-recovery
832	supervision.--
833	(8)  Because of the compelling state interest in protecting
834	the public from sexual offenders or sexual predators granted the
835	privilege of conditional release, in any hearing alleging a
836	violation of conditional release by a releasee for failure to
837	comply with the residency exclusion in s. 947.1405, the
838	inability of the releasee to locate a residence in compliance
839	with s. 947.1405 shall not be a defense to the finding of a
840	violation under this section.
841	Section 14.  Subsection (4) of section 948.06, Florida
842	Statutes, is amended to read:
843	948.06  Violation of probation or community control;
844	revocation; modification; continuance; failure to pay
845	restitution or cost of supervision.--
846	(4)  Notwithstanding any other provision of this section, a
847	probationer or an offender in community control who is arrested
848	for violating his or her probation or community control in a
849	material respect may be taken before the court in the county or
850	circuit in which the probationer or offender was arrested. That
851	court shall advise him or her of such charge of a violation and,
852	if such charge is admitted, shall cause him or her to be brought
853	before the court which granted the probation or community
854	control. If such violation is not admitted by the probationer or
855	offender, the court may commit him or her or release him or her
856	with or without bail to await further hearing. However, if the
857	probationer or offender is under supervision for any criminal
858	offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.
859	827.071, or s. 847.0145, or is a registered sexual predator or a
860	registered sexual offender, or is under supervision for a
861	criminal offense for which he or she would meet the registration
862	criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
863	effective date of those sections, the court must make a finding
864	that the probationer or offender poses no is not a danger to the
865	public prior to release with or without bail. In determining
866	that the probationer or offender poses no danger to the public
867	the danger posed by the offender's or probationer's release, the
868	court may consider the nature and circumstances of the violation
869	and any new offenses charged; the offender's or probationer's
870	past and present conduct, including convictions of crimes; any
871	record of arrests without conviction for crimes involving
872	violence or sexual crimes; any other evidence of allegations of
873	unlawful sexual conduct or the use of violence by the offender
874	or probationer; the offender's or probationer's family ties,
875	length of residence in the community, employment history, and
876	mental condition; his or her history and conduct during the
877	probation or community control supervision from which the
878	violation arises and any other previous supervisions, including
879	disciplinary records of previous incarcerations; the likelihood
880	that the offender or probationer will engage again in a criminal
881	course of conduct; the weight of the evidence against the
882	offender or probationer; whether the probationer or offender is
883	currently subject to electronic monitoring; and any other facts
884	the court considers relevant. The court, as soon as is
885	practicable, shall give the probationer or offender an
886	opportunity to be fully heard on his or her behalf in person or
887	by counsel. After such hearing, the court shall make findings of
888	fact and forward the findings to the court which granted the
889	probation or community control and to the probationer or
890	offender or his or her attorney. The findings of fact by the
891	hearing court are binding on the court which granted the
892	probation or community control. Upon the probationer or offender
893	being brought before it, the court which granted the probation
894	or community control may revoke, modify, or continue the
895	probation or community control or may place the probationer into
896	community control as provided in this section.
897	Section 15.  Effective September 1, 2007, paragraph (b) of
898	subsection (1) and subsection (3) of section 948.30, Florida
899	Statutes, are amended, and subsection (4) is added to that
900	section, to read:
901	948.30  Additional terms and conditions of probation or
902	community control for certain sex offenses.--Conditions imposed
903	pursuant to this section do not require oral pronouncement at
904	the time of sentencing and shall be considered standard
905	conditions of probation or community control for offenders
906	specified in this section.
907	(1)  Effective for probationers or community controllees
908	whose crime was committed on or after October 1, 1995, and who
909	are placed under supervision for violation of chapter 794, s.
910	800.04, s. 827.071, or s. 847.0145, the court must impose the
911	following conditions in addition to all other standard and
912	special conditions imposed:
913	(b)1.  Except as provided in subparagraph 2., if the victim
914	was under the age of 18, a prohibition on living within 1,000
915	feet of a school, day care center, park, playground, or other
916	place where children regularly congregate, as prescribed by the
917	court. The 1,000-foot distance shall be measured in a straight
918	line from the offender's place of residence to the nearest
919	boundary line of the school, day care center, park, playground,
920	or other place where children regularly congregate. The distance
921	may not be measured by a pedestrian route or automobile route.
922	2.  For probationers or community controllees whose crime
923	was committed on or after October 1, 2007, if the victim was
924	under the age of 18, a prohibition on living within 1,500 feet
925	of a school, day care center, park, playground, library, or
926	business or other place where children regularly congregate, as
927	prescribed by the court. This distance shall be measured in a
928	straight line from the offender's place of residence to the
929	nearest boundary line of the school, day care center, park,
930	playground, library, or business or other place where children
931	regularly congregate. The distance may not be measured by a
932	pedestrian route or automobile route.
933	(3)  Effective for a probationer or community controllee
934	whose felony offense crime was committed on or after September
935	1, 2005, and who:
936	(a)  Is placed on probation or community control for a
937	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
938	or s. 847.0145 and the unlawful sexual activity involved a
939	victim under 16 15 years of age or younger and the offender is
940	18 years of age or older;
941	(b)  Is designated a sexual predator pursuant to s. 775.21;
942	or
943	(c)  Has previously been convicted of a violation of
944	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
945	847.0145 and the unlawful sexual activity involved a victim
946	under 16 15 years of age or younger and the offender is 18 years
947	of age or older,
948
949	the court must order, in addition to any other provision of this
950	section, mandatory electronic monitoring as a condition of the
951	probation or community control supervision.
952	(4)  Effective for a probationer or community controllee
953	whose felony offense was committed on or after September 1,
954	2007, and who:
955	(a)  Is placed on probation or community control for a
956	violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
957	787.02(3)(a)2., 3., 4., or 5., chapter 794, s. 800.04(4), (5),
958	or (6), s. 827.071, or s. 847.0145 and the unlawful sexual
959	activity involved a victim under 16 years of age and the
960	offender is 18 years of age or older;
961	(b)  Is designated a sexual predator pursuant to s. 775.21;
962	or
963	(c)  Has previously been convicted of a violation of s.
964	787.01(3)(a)2., 3., 4., or 5., s. 787.02(3)(a)2., 3., 4., or 5.,
965	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
966	847.0145 and the unlawful sexual activity involved a victim
967	under 16 years of age and the offender is 18 years of age or
968	older,
969
970	the court must order, in addition to any other provision of this
971	section, mandatory electronic monitoring as a condition of the
972	probation or community control supervision.
973	Section 16.  Section 985.6012, Florida Statutes, is created
974	to read:
975	985.6012  Electronic monitoring of juvenile offenders
976	within juvenile facilities.--
977	(1)  The department is authorized to employ electronic
978	monitoring of juvenile offenders incarcerated within state and
979	private juvenile offender facilities for the purpose of reducing
980	offender-on-offender violence and reducing employee sexual
981	misconduct as defined in s. 985.701. The department must use
982	electronic monitoring systems that meet the minimum
983	specifications in paragraphs (a) and (b) and are consistent with
984	the performance standards in paragraph (c), subject to the best
985	commercially available technology at the time of procurement.
986	Such a system must:
987	(a)  Have the capacity to continuously receive electronic
988	signals at a monitoring station within the correctional facility
989	from a transmitter that continuously transmits in real time and
990	identifies the specific geographic position within the facility
991	at any time of the following persons who must wear a
992	transmitter:
993	1.  Juvenile offenders.
994	2.  Department employees.
995	3.  Employees of a private sector company contracted to
996	operate a juvenile facility.
997	4.  Any visitor to a juvenile facility provided access to
998	areas designated for authorized personnel only.
999	(b)  Use electronic monitoring transmitters worn by persons
1000	in any juvenile facility that provide updates in at least 5-
1001	second intervals and transmit the geographical location of a
1002	person wearing a transmitter to within at least a 3-meter radius
1003	of his or her actual location or to within a radius equal to the
1004	width of a facility's average size sleeping quarters, whichever
1005	is less, subject to the limitations relating to the state of the
1006	art of the technology used and to circumstances of force
1007	majeure. Transmitters worn by persons other than juvenile
1008	offenders shall also include a panic safety button.
1009	(c)  Be consistent with the following technological and
1010	functional performance standards:
1011	1.  Be compatible with a commercially recognized wireless
1012	network access standard as designated by the department and
1013	sufficient bandwidth to support additional wireless networking
1014	devices to expand the capacity of the juvenile facility to use
1015	the service.
1016	2.  Be capable of issuing an alarm to an internal
1017	correctional monitoring station in an appropriate amount of time
1018	after receiving a panic alert from an employee or visitor
1019	transmitter or within an appropriate amount of time after
1020	violation of the established parameters for permissible movement
1021	of juvenile offenders, employees, and visitors within the
1022	facility.
1023	3.  Be capable of maintaining a historical storage capacity
1024	sufficient to store up to at least 6 months of complete juvenile
1025	offender, employee, and visitor tracking data for purposes of
1026	followup investigations and vendor contract auditing. The system
1027	should be capable of recording the continuous uninterrupted
1028	movement of all monitored individuals by specific position,
1029	rather than solely by area or zone. All tracking data shall also
1030	be periodically archived by appropriate electronic data transfer
1031	to a permanent storage medium designated as acceptable by the
1032	department and retained for at least a 5-year period. In
1033	addition, tracking data collected from each facility shall be
1034	electronically transmitted periodically to a secure centralized
1035	offsite location designated by the department and in an
1036	appropriate storage medium designated as acceptable by the
1037	department as a supplemental backup to protect the archived data
1038	from alteration and to prevent loss due to disaster or other
1039	cause.
1040	4.  With respect to a unit affixed to a juvenile offender,
1041	possess an internal power source that is field rechargeable or
1042	provides at least 1 year of normal operation without the need to
1043	recharge or replace the power source. Batteries used in devices
1044	should be capable of being replaced by correctional employees.
1045	The device should emit signal content indicating the power
1046	status of the transmitter and notifying the juvenile facility
1047	monitoring station of any need to recharge or replace the power
1048	source.
1049	5.  Possess and emit signal content indicating whether the
1050	transmitter has been tampered with or removed.
1051	6.  Possess encrypted signal content or another feature
1052	designed to discourage duplication.
1053	7.  Be shock resistant, waterproof, and capable of reliable
1054	function under normal atmospheric and environmental conditions.
1055	8.  Be capable of sustaining wear and use in a manner that
1056	does not pose a safety hazard or unduly restrict the activities
1057	of the offender.
1058	9. Be capable of being attached to the offender in a manner
1059	that readily reveals any efforts to tamper with or remove the
1060	transmitter upon visual inspection.
1061	10.  Possess straps or other mechanisms for attaching the
1062	transmitter to the offender that are capable of being adjusted
1063	to fit an offender of any size or are available in a variety of
1064	sizes.
1065	11.  Be designed and constructed in such a way as to resist
1066	tampering with or removal by the offender.
1067	12.  Provide a backup power source in the event of a power
1068	failure.
1069	(2)  It is a felony of the third degree, punishable as
1070	provided in s. 775.082, s. 775.083, or s. 775.084, for a person
1071	to:
1072	(a)  Intentionally alter, tamper with, damage, or destroy
1073	any electronic monitoring equipment used to monitor the location
1074	of a person within a juvenile facility, unless the person is the
1075	owner of the equipment or an agent of the owner performing
1076	ordinary maintenance and repairs.
1077	(b)  Develop, build, create, possess, or use any device
1078	that is intended to mimic, clone, interfere with, or jam the
1079	signal of an electronic monitoring device used to monitor the
1080	location of a person within a juvenile facility.
1081	(c)  Intentionally alter, tamper with, damage, or destroy
1082	any data stored in an electronic monitoring device pursuant to
1083	subparagraph (1)(c)3. unless done so with written permission
1084	from an authorized official of the department or in compliance
1085	with a data-retention policy of the department adopted by rule.
1086	Section 17.  Except as otherwise expressly provided in this
1087	act, this act shall take effect October 1, 2007.

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