Florida Senate - 2025                                    SB 1054
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01555-25                                           20251054__
    1                        A bill to be entitled                      
    2         An act relating to tampering with an electronic
    3         monitoring device; amending s. 843.23, F.S.;
    4         reclassifying the offense of tampering with an
    5         electronic monitoring device to provide graduated
    6         penalties; requiring termination of pretrial release
    7         of a person who tampers with such a device while on
    8         pretrial release; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 843.23, Florida Statutes, is amended to
   13  read:
   14         843.23 Tampering with an electronic monitoring device.—
   15         (1) As used in this section, the term “electronic
   16  monitoring device” includes any device that is used to track the
   17  location of a person.
   18         (2) It is unlawful for a person to intentionally and
   19  without authority:
   20         (a) Remove, destroy, alter, tamper with, damage, or
   21  circumvent the operation of an electronic monitoring device that
   22  must be worn or used by that person or another person pursuant
   23  to a court order or pursuant to an order by the Florida
   24  Commission on Offender Review; or
   25         (b) Request, authorize, or solicit a person to remove,
   26  destroy, alter, tamper with, damage, or circumvent the operation
   27  of an electronic monitoring device required to be worn or used
   28  pursuant to a court order or pursuant to an order by the Florida
   29  Commission on Offender Review.
   30         (3) A person who violates this section commits a:
   31         (a) Felony of the third degree, punishable as provided in
   32  s. 775.082, s. 775.083, or s. 775.084, if the person is charged
   33  with or serving a sentence for a misdemeanor.
   34         (b) Felony of the second degree, punishable as provided in
   35  s. 775.082, s. 775.083, or s. 775.084, if the person is charged
   36  with or serving a sentence for a third degree felony.
   37         (c) Felony of the first degree, punishable as provided in
   38  s. 775.082, s. 775.083, or s. 775.084, if the person is charged
   39  with or serving a sentence for a second degree felony.
   40         (d) Felony of the first degree, punishable by a term of
   41  years not exceeding life or as provided in s. 775.082, s.
   42  775.083, or s. 775.084, if the person is charged with or serving
   43  a sentence for a first degree felony or a first degree felony
   44  punishable by a term of years not exceeding life.
   45         (e) Life felony, punishable as provided in s. 775.082, s.
   46  775.083, or s. 775.084, if the person is charged with or serving
   47  a sentence for a life or capital felony.
   48         (4) A person on pretrial release who commits a violation of
   49  this section shall have his or her pretrial release terminated
   50  and shall no longer be eligible for pretrial release for the
   51  offenses for which he or she was on release.
   52         Section 2. This act shall take effect October 1, 2025.