Florida Senate - 2016                              CS for SB 954
       
       
        
       By the Committee on Criminal Justice; and Senator Simmons
       
       591-02540-16                                           2016954c1
    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
   10         request, authorization, or solicitation of a person to
   11         perform such an act; providing criminal penalties;
   12         amending s. 948.11, F.S.; specifying that the
   13         Department of Corrections may electronically monitor
   14         an offender sentenced to community control when the
   15         court has imposed electronic monitoring as a condition
   16         of community control; deleting a provision imposing
   17         criminal penalties on persons who intentionally alter,
   18         tamper 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 circumvent
   32  the operation of an electronic monitoring device that must be
   33  worn or used by that person or another person pursuant to a
   34  court order or pursuant to an order by the Florida Commission on
   35  Offender Review; or
   36         (b) Request, authorize, or solicit a person to remove,
   37  destroy, alter, tamper with, damage, or circumvent the operation
   38  of an electronic monitoring device required to be worn or used
   39  pursuant to a court order or pursuant to an order by the Florida
   40  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.