Bill Text: FL S0954 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Electronic Monitoring Devices

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 75 (Ch. 2016-15) [S0954 Detail]

Download: Florida-2016-S0954-Introduced.html

---

       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.