Florida Senate - 2016 SB 954
By Senator Simmons
10-00276-16 2016954__
1 A bill to be entitled
2 An act relating to electronic monitoring devices;
3 creating s. 843.23, F.S.; defining the term
4 “electronic monitoring device”; prohibiting a person
5 from removing, destroying, altering, tampering with,
6 damaging, or circumventing the operation of an
7 electronic monitoring device being worn or used
8 pursuant to any court order or an order by the Florida
9 Commission on Offender Review; prohibiting the request
10 or solicitation of a person to perform such an act;
11 providing criminal penalties; amending s. 948.11,
12 F.S.; specifying that the Department of Corrections
13 may electronically monitor an offender sentenced to
14 community control when the court has imposed
15 electronic monitoring as a condition of community
16 control; deleting a provision imposing criminal
17 penalties on persons who intentionally alter, tamper
18 with, damage, or destroy electronic monitoring
19 equipment; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 843.23, Florida Statutes, is created to
24 read:
25 843.23 Tampering with an electronic monitoring device.—
26 (1) As used in this section, the term “electronic
27 monitoring device” includes any device that is used to track the
28 location of a person.
29 (2) It is unlawful for a person to intentionally and
30 without authority:
31 (a) Remove, destroy, alter, tamper with, damage, or
32 circumvent the operation of an electronic monitoring device that
33 the person is required to wear or use pursuant to any court
34 order or pursuant to an order by the Florida Commission on
35 Offender Review; or
36 (b) Request or solicit any other person to remove, destroy,
37 alter, tamper with, damage, or circumvent the operation of an
38 electronic monitoring device required to be worn or used
39 pursuant to any court order or pursuant to an order by the
40 Florida Commission on Offender Review.
41 (3) A person who violates this section commits a felony of
42 the third degree, punishable as provided in s. 775.082, s.
43 775.083, or s. 775.084.
44 Section 2. Subsections (1) and (7) of section 948.11,
45 Florida Statutes, are amended to read:
46 948.11 Electronic monitoring devices.—
47 (1) The Department of Corrections may, at its discretion,
48 electronically monitor an offender sentenced to community
49 control when the court has imposed electronic monitoring as a
50 condition of community control.
51 (7) A person who intentionally alters, tampers with,
52 damages, or destroys any electronic monitoring equipment
53 pursuant to court or commission order, unless such person is the
54 owner of the equipment, or an agent of the owner, performing
55 ordinary maintenance and repairs, commits a felony of the third
56 degree, punishable as provided in s. 775.082, s. 775.083, or s.
57 775.084.
58 Section 3. This act shall take effect October 1, 2016.