Florida Senate - 2016                       CS for CS for SB 954
       
       
        
       By the Committees on Fiscal Policy; and Criminal Justice; and
       Senator Simmons
       
       594-03757A-16                                          2016954c2
    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 a person
   10         from requesting, authorizing, or soliciting another
   11         person to perform such an act; providing criminal
   12         penalties; amending s. 948.11, F.S.; specifying that
   13         the Department of Corrections may electronically
   14         monitor an offender sentenced to community control
   15         when the court has imposed electronic monitoring as a
   16         condition of community control; deleting a provision
   17         imposing criminal penalties on persons who
   18         intentionally alter, tamper with, damage, or destroy
   19         electronic monitoring equipment; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 843.23, Florida Statutes, is created to
   25  read:
   26         843.23 Tampering with an electronic monitoring device.—
   27         (1) As used in this section, the term “electronic
   28  monitoring device” includes any device that is used to track the
   29  location of a person.
   30         (2) It is unlawful for a person to intentionally and
   31  without authority:
   32         (a) Remove, destroy, alter, tamper with, damage, or
   33  circumvent the operation of an electronic monitoring device that
   34  must be worn or used by that person or another person pursuant
   35  to a court order or pursuant to an order by the Florida
   36  Commission on Offender Review; or
   37         (b) Request, authorize, or solicit a person to remove,
   38  destroy, alter, tamper with, damage, or circumvent the operation
   39  of an electronic monitoring device that must be worn or used
   40  pursuant to a court order or pursuant to an order by the Florida
   41  Commission on Offender Review.
   42         (3) A person who violates this section commits a felony of
   43  the third degree, punishable as provided in s. 775.082, s.
   44  775.083, or s. 775.084.
   45         Section 2. Subsections (1) and (7) of section 948.11,
   46  Florida Statutes, are amended to read:
   47         948.11 Electronic monitoring devices.—
   48         (1) The Department of Corrections may, at its discretion,
   49  electronically monitor an offender sentenced to community
   50  control when the court has imposed electronic monitoring as a
   51  condition of community control.
   52         (7) A person who intentionally alters, tampers with,
   53  damages, or destroys any electronic monitoring equipment
   54  pursuant to court or commission order, unless such person is the
   55  owner of the equipment, or an agent of the owner, performing
   56  ordinary maintenance and repairs, commits a felony of the third
   57  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   58  775.084.
   59         Section 3. This act shall take effect October 1, 2016.