March 31, 2020
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Senate Bill 1220

Senate Bill sb1220c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1220

    By the Committee on Criminal Justice; and Senators Wise,
    Fasano and Crist




    591-1961-05

  1                      A bill to be entitled

  2         An act relating to electronic monitoring;

  3         amending s. 648.387, F.S.; authorizing bail

  4         bond agents to be vendors of electronic

  5         monitoring services; authorizing bail bond

  6         agents to contract with vendors to provide

  7         electronic monitoring of pretrial releasees in

  8         certain circumstances; authorizing bail bond

  9         agents to contract with government entities to

10         provide electronic monitoring services in

11         certain circumstances; authorizing such agents

12         to collect a fee for electronic monitoring

13         services; providing that failure to make timely

14         payment of fees constitutes grounds to remand;

15         providing that such fees are exempt from

16         regulation by the Department of Financial

17         Services; creating s. 903.135, F.S.;

18         authorizing issuance of a probation appearance

19         bond; authorizing electronic monitoring of a

20         person subject to a probation appearance bond;

21         providing procedures for revocation of the

22         bond; providing application; creating s.

23         907.06, F.S.; providing for electronic

24         monitoring of persons on pretrial release;

25         requiring the monitored person to pay fees;

26         prohibiting a person being monitored from

27         tampering with monitoring equipment; creating

28         s. 907.07, F.S.; providing a means by which the

29         chief judge of each circuit shall create a list

30         of approved vendors for provision of electronic

31         monitoring services; creating s. 907.08, F.S.;

                                  1

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         providing standards for privately owned

 2         electronic monitoring devices; creating s.

 3         907.09, F.S.; providing criminal penalties for

 4         tampering with electronic monitoring devices;

 5         providing criminal penalties for cloning the

 6         signal of an electronic monitoring device;

 7         providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (6) is added to section 648.387,

12  Florida Statutes, to read:

13         648.387  Primary bail bond agents; duties.--

14         (6)(a)  A bail bond agent may be a vendor of electronic

15  monitoring services. A bail bond agent may also contract with

16  a vendor of the bail bond agent's choice from among those

17  vendors approved under s. 907.07 for monitoring of a defendant

18  for whom the agent has provided a criminal surety bail bond. A

19  bail bond agent may additionally contract with government

20  entities to provide electronic monitoring services when

21  monitoring has been ordered by a court.

22         (b)  A bail bond agent may charge a reasonable,

23  nonrefundable fee for electronic monitoring services from the

24  person who is subject to electronic monitoring. Failure to

25  make timely payment of such fees constitutes grounds for the

26  agent to remand such person to the court or sheriff. Fees

27  charged by a bail bond agent associated with required

28  electronic monitoring services are not considered part of the

29  premium for bail bond and shall be exempt from the provisions

30  of s. 648.33.

31  

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         Section 2.  Section 903.135, Florida Statutes, is

 2  created to read:

 3         903.135  Probation appearance bond.--As a condition of

 4  any probation, community control, or any other court-ordered

 5  community supervision authorized pursuant to chapter 948, the

 6  court may order the posting of a bond to secure the appearance

 7  of the defendant at any subsequent court proceeding. Such bond

 8  may include as a condition thereof that the defendant be

 9  placed on an electronic monitoring device, in a like manner

10  and under like conditions as in s. 907.06. The appearance bond

11  shall be filed by a bail agent with the sheriff who shall

12  provide a copy to the clerk of the court. Upon 72 hours notice

13  by the clerk of court, the bail agent shall produce the person

14  on probation, community control, or other court-ordered

15  community supervision to the court. The bail agent shall

16  surrender to the sheriff a person on probation, community

17  control, or court-ordered community supervision upon notice by

18  the probation officer that the person has violated the terms

19  of probation, community control, or court-ordered community

20  supervision. If the bail agent fails to produce the defendant

21  in the court at the time noticed by the court or the clerk of

22  court, the bond shall be estreated and forfeited according to

23  the procedures set forth in this chapter. Failure to appear

24  shall be the sole grounds for forfeiture and estreature of the

25  appearance bond. Where not inconsistent with this section,

26  this chapter and chapter 648 shall govern the relationship

27  between the bail agent and probationer.

28         Section 3.  Section 907.06, Florida Statutes, is

29  created to read:

30         907.06  Electronic monitoring.--

31  

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         (1)  As a condition of pretrial release, and whether or

 2  not the court requires bail as a condition of pretrial

 3  release, the court may order a defendant charged with a

 4  violent or sexual offense, or who has previously been

 5  convicted of a violent or sexual offense, to be subject to

 6  electronic monitoring, if electronic monitoring is available

 7  in the jurisdiction. This section also applies to persons

 8  subject to electronic monitoring pursuant to s. 903.135.

 9         (2)  A defendant required to submit to electronic

10  monitoring shall pay a reasonable fee for equipment use and

11  monitoring as an additional condition of pretrial release. The

12  failure of the defendant to make timely payment of such fees

13  constitutes a violation of pretrial release and grounds for

14  the defendant to be remanded to the court or appropriate

15  sheriff.

16         (3)  The court ordering electronic monitoring shall

17  appoint a person to continuously receive and monitor the

18  radio-frequency signals from the transmitter worn by the

19  defendant so as to be capable of identifying the defendant's

20  geographic position at any time, subject to the limitations

21  related to the technology and to circumstances of force

22  majeuere. The appointed person may be a governmental entity or

23  a vendor as provided in s. 907.07. A bail bond agent may

24  provide both bail bond services and electronic monitoring

25  services.

26         (4)  Any person who provides electronic monitoring

27  services shall report forthwith any known violation of the

28  defendant's pretrial release conditions to the appropriate

29  court, sheriff, state attorney, and bail agent, if any.

30         (5)  A defendant who has been released in accordance

31  with the provisions of this section shall not alter, tamper

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1  with, damage, or destroy any electronic monitoring equipment.

 2  A defendant who is notified of a malfunction in the equipment

 3  shall immediately cooperate with the vendor in restoring the

 4  equipment to proper functioning. A violation of this

 5  subsection constitutes a violation of pretrial release and

 6  grounds for the defendant to be remanded to the court or

 7  appropriate sheriff.

 8         Section 4.  Section 907.07, Florida Statutes, is

 9  created to read:

10         907.07  Approved vendors for provision of electronic

11  monitoring services; approved equipment.--

12         (1)  This section does not apply to electronic

13  monitoring provided by the state, a county, or a sheriff.

14         (2)  The chief judge of each circuit shall develop and

15  maintain a list of all vendors who are authorized to provide

16  electronic monitoring services for courts in the circuit. The

17  chief judge shall place any person who is eligible as a

18  vendor, and who agrees to comply with the terms of this

19  section, onto the list of approved vendors.

20         (3)  The following persons are eligible for inclusion

21  on the list of approved vendors:

22         (a)  A bail bond agency holding an active and current

23  license pursuant to chapter 648.

24         (b)  A private investigative agency holding a current

25  and active license pursuant to chapter 493.

26         (c)  A person, approved by the chief judge in his or

27  her discretion, who is known to the chief judge as a person

28  who is reliable, trustworthy, and has never been convicted of

29  a felony or crime of moral turpitude.

30  

31  

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         (4)  A vendor must agree to abide by the following

 2  minimum terms before inclusion on the list of approved

 3  vendors:

 4         (a)  The vendor shall provide the clerk with the name

 5  of the vendor, the name of an individual employed by the

 6  vendor who is to serve as a contact person for the vendor, the

 7  address of the vendor, and the telephone number of the contact

 8  person.

 9         (b)  The vendor must initially certify, and must

10  certify at least annually thereafter on a date set by the

11  chief judge, that all of the vendor's electronic monitoring

12  devices comply with the requirements for privately owned

13  electronic monitoring devices in s. 907.08.

14         (5)  A vendor shall promptly notify the chief judge of

15  any changes in the vendor's address, ownership, or

16  qualification to be a vendor.

17         (6)  The chief judge, in his discretion, may remove any

18  vendor from the list of approved vendors if the vendor:

19         (a)  Fails to comply with the registration requirements

20  of this section.

21         (b)  Fails to properly monitor any person that the

22  vendor was required to monitor.

23         (c)  Charges a defendant a clearly excessive fee for

24  use and monitoring of electronic monitoring equipment.

25         Section 5.  Section 907.08, Florida Statutes, is

26  created to read:

27         907.08  Standards for privately owned electronic

28  monitoring devices.--A privately owned electronic monitoring

29  device provided by a vendor must, at a minimum, meet the

30  standards set forth in this section. A device must:

31  

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         (1)  Be a transmitter unit that meets certification

 2  standards approved by the Federal Communications Commission.

 3         (2)  At the court's discretion:

 4         (a)  Emit signal content 24 hours per day, which signal

 5  identifies the specific device being worn by the defendant and

 6  the defendant's physical location using global positioning

 7  system (GPS) technology that is accurate to within 3 meters.

 8         (b)  Receive signal content 24 hours per day, determine

 9  the defendant's physical location using global positioning

10  system (GPS) technology that is accurate to within 3 meters,

11  record the defendant's physical locations throughout the day,

12  and be capable of transmitting that record of locations to the

13  vendor at least daily.

14         (3)  Possess an internal power source that provides a

15  minimum of 1 year of normal operation without need for

16  recharging or replacing the power source. The device must emit

17  signal content that indicates the power status of the

18  transmitter and provides the vendor with notification of

19  whether the power source needs to be recharged or replaced.

20         (4)  Possess and emit signal content that indicates

21  whether the transmitter has been subjected to tampering or

22  removal.

23         (5)  Possess encrypted signal content or another

24  feature designed to discourage duplication.

25         (6)  Be of a design that is shock resistant, water and

26  moisture proof, and capable of reliable function under normal

27  atmospheric and environmental conditions.

28         (7)  Be capable of wear and use in a manner that does

29  not pose a safety hazard or unduly restrict the activities of

30  the defendant.

31  

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1         (8)  Be capable of being attached to the defendant in a

 2  manner that readily reveals any efforts to tamper with or

 3  remove the transmitter upon visual inspection.

 4         (9)  Use straps or other mechanisms for attaching the

 5  transmitter to the defendant which are capable of being

 6  adjusted to fit a defendant of any size or made available in a

 7  variety of sizes.

 8         Section 6.  Section 907.09, Florida Statutes, is

 9  created to read:

10         907.09  Offenses related to electronic monitoring

11  devices.--

12         (1)  A person may not intentionally alter, tamper with,

13  damage, or destroy any electronic monitoring equipment used

14  for monitoring the location of a person pursuant to court

15  order, unless such person is the owner of the equipment, or an

16  agent of the owner, performing ordinary maintenance and

17  repairs. A person who violates this subsection commits a

18  felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         (2)  A person may not develop, build, create, possess,

21  or use any device that is intended to mimic, clone, interfere

22  with, or jam the signal of an electronic monitoring device

23  that is used to monitor the location of a person pursuant to

24  court order. A person who violates this subsection commits a

25  felony of the second degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         Section 7.  This act shall take effect October 1, 2005.

28  

29  

30  

31  

                                  8

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    Florida Senate - 2005                           CS for SB 1220
    591-1961-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1220

 3                                 

 4  -    The original bill contained no substantial provisions of
         Florida law.
 5  
    -    This committee substitute allows bail bond agents to
 6       provide electronic monitoring services to clients
         released before trial and charge a "reasonable,
 7       nonrefundable fee" for those services.

 8  -    New provisions are created to allow a probation
         appearance bond for defendants.
 9  
    -    Electronic monitoring is permitted as a condition of
10       pretrial release for violent or sex related offenses.

11  -    The chief judge of the circuit is required to maintain a
         list of approved electronic monitoring vendors and
12       standards and set forth for those vendors and their
         equipment.
13  
    -    The bill makes it a third degree felony to intentionally
14       tamper with a monitoring device. It is a second degree
         felony to create a device that mimics or interferes with
15       the electronic monitoring signal.

16  

17  

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19  

20  

21  

22  

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