April 02, 2020
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Senate Bill 1220

Senate Bill sb1220c2

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    Florida Senate - 2005                    CS for CS for SB 1220

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




    590-2252-05

  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 third-party vendors to

  7         provide electronic monitoring of pretrial

  8         releases in certain circumstances; authorizing

  9         bail bond agents to contract with government

10         entities to provide electronic monitoring

11         services in certain circumstances; authorizing

12         such agents to collect a fee for electronic

13         monitoring services; providing that failure to

14         make timely payment of such fee constitutes

15         grounds to remand; providing that such fee is

16         exempt from regulation by the Department of

17         Financial 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         providing that provision of electronic

27         monitoring equipment and services is not an

28         undertaking; prohibiting a person being

29         monitored from tampering with monitoring

30         equipment; creating s. 907.07, F.S.; providing

31         a means by which the chief judge of each

                                  1

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    Florida Senate - 2005                    CS for CS for SB 1220
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 1         circuit shall maintain a list of eligible

 2         private vendors for provision of electronic

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

 4         providing standards for privately owned

 5         electronic monitoring devices; creating s.

 6         907.09, F.S.; providing criminal penalties for

 7         tampering with electronic monitoring devices;

 8         providing criminal penalties for cloning the

 9         signal of an electronic monitoring device;

10         amending s. 948.039, F.S.; allowing a court to

11         require a probation appearance bond; amending

12         s. 948.11, F.S.; allowing private vendors to

13         provide electronic monitoring of offenders

14         subject to community control or probation for

15         violent felonies and sex-related offenses;

16         providing an effective date.

17  

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

19  

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

21  Florida Statutes, to read:

22         648.387  Primary bail bond agents; duties.--

23         (6)(a)  A licensed bail bond agent may be a vendor of

24  electronic monitoring services. A licensed bail bond agent may

25  also subcontract for such services with a third-party vendor

26  of the bail bond agent's choice if the licensed bail bond

27  agent can certify that the equipment and services rendered by

28  such third-party vendor on the bail bond agent's behalf meet

29  the requirements of s. 907.07 for monitoring of a defendant

30  for whom the bail bond agent has provided a criminal surety

31  bail bond. A licensed bail bond agent is also permitted to

                                  2

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    Florida Senate - 2005                    CS for CS for SB 1220
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 1  subcontract with government entities as a means for the bond

 2  agent to provide electronic monitoring services when

 3  monitoring has been ordered by a court.

 4         (b)  A licensed bail bond agent may charge a

 5  reasonable, nonrefundable fee for electronic monitoring

 6  services to the person who is subject to electronic

 7  monitoring. Failure to make timely payment of such fee

 8  constitutes grounds for the agent to remand such person to the

 9  court or sheriff. Fees charged by a bail bond agent associated

10  with required electronic monitoring services are not

11  considered part of the premium for bail bond and are exempt

12  from s. 648.33.

13         (c)  Records and receipts for electronic monitoring

14  provided by a licensed bail bond agent shall be kept separate

15  and apart from bail bond records.

16         Section 2.  Section 903.135, Florida Statutes, is

17  created to read:

18         903.135  Probation appearance bond.--As a condition of

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

20  community supervision for a violent felony or sex-related

21  offense authorized pursuant to chapter 948, the court may

22  order the posting of a surety bond to secure the appearance of

23  the defendant at any subsequent court proceeding. Such bond

24  may include as a condition thereof that the defendant be

25  placed on an electronic monitoring device and subject to

26  electronic monitoring services in a like manner and under like

27  conditions as set forth in s. 907.06. The appearance bond

28  shall be filed by a licensed bail agent with the sheriff who

29  shall provide a copy to the clerk of the court. Upon 72 hours'

30  notice by the clerk of the court, the licensed bail agent

31  shall produce the person on probation, community control, or

                                  3

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




 1  other court-ordered community supervision to the court. The

 2  licensed bail agent shall surrender to the sheriff a person on

 3  probation, community control, or court-ordered community

 4  supervision upon notice by the probation officer that the

 5  person has violated the terms of probation, community control,

 6  or court-ordered community supervision. Under this section,

 7  notice shall be in writing or by electronic data transmission.

 8  If the bail agent fails to produce the defendant in the court

 9  at the time noticed by the court or the clerk of court, the

10  bond shall be estreated and forfeited according to the

11  procedures set forth in this chapter. Failure to appear shall

12  be the sole grounds for forfeiture and estreature of the

13  appearance bond. Where not inconsistent with this subsection,

14  this chapter and chapter 648 shall regulate the relationship

15  between the bail agent and probationer.

16         Section 3.  Section 907.06, Florida Statutes, is

17  created to read:

18         907.06  Electronic monitoring.--

19         (1)  The court may order a defendant who has been

20  charged with a violent felony or sex-related offense or who

21  has been charged with any crime but who has been previously

22  convicted of a violent felony or sex-related offense to be

23  released from custody on a surety bond subject to conditions

24  that include, without limitation, electronic monitoring if

25  electronic monitoring is available in the jurisdiction. This

26  section also applies to persons subject to electronic

27  monitoring pursuant to s. 903.135.

28         (2)  A defendant required to submit to electronic

29  monitoring shall pay a reasonable fee for equipment use and

30  monitoring as an additional condition of pretrial release. The

31  failure of the defendant to make timely payment of such fee

                                  4

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




 1  constitutes a violation of pretrial release and grounds for

 2  the defendant to be remanded to the court or appropriate

 3  sheriff or law enforcement agency.

 4         (3)  Electronic monitoring shall include the provision

 5  of services to continuously receive and monitor the electronic

 6  signals from the transmitter worn by the defendant so as to be

 7  capable of identifying the defendant's geographic position at

 8  any time to within 9 meters using Global Positioning Satellite

 9  (GPS) technology, subject to the limitations related to the

10  technology and to circumstances of force majeuere. Such

11  electronic monitoring services may be undertaken as a primary

12  responsibility by a government entity, or by a licensed bail

13  bond agent who may provide both bail bond services and have

14  primary responsibility or oversight for electronic monitoring

15  services. A government entity or licensed bail bond agent may

16  subcontract to a third-party vendor for electronic monitoring

17  services if such third-party vendor complies with all

18  provisions of this subsection and s. 907.08 and operates under

19  the direction and control of the government entity or bond

20  agent with primary responsibility as the vendor for electronic

21  monitoring. A government entity that elects to subcontract for

22  electronic monitoring services is required to select such

23  third-party vendor through a competitive bidding process.

24         (4)  Any person who provides electronic monitoring

25  services shall report any known violation of the defendant's

26  pretrial release conditions to the appropriate court, sheriff,

27  or law enforcement agency, state attorney, or licensed bail

28  agent, if any. Notwithstanding the foregoing requirement, the

29  provision of electronic monitoring services does not

30  constitute an undertaking to protect members of the public

31  from harm occasioned by a monitored person. The sole duty owed

                                  5

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




 1  by a person who provides electronic monitoring is to give a

 2  law enforcement officer, upon request, an indication of the

 3  physical location of the monitored person at a point in time.

 4  It is unreasonable for any member of the public to expect that

 5  a provider of electronic monitoring services will provide

 6  protection against harm occasioned by a monitored person. A

 7  provider of electronic monitoring services cannot control the

 8  activities of a monitored person. A person who provides

 9  electronic monitoring is not responsible to other persons for

10  equipment failure or for the criminal acts of a monitored

11  person.

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

13  with this section may not alter, tamper with, damage, or

14  destroy any electronic monitoring equipment. A defendant who

15  is notified of a malfunction in the equipment shall

16  immediately cooperate with the vendor in restoring the

17  equipment to proper functioning. A violation of this

18  subsection constitutes a violation of pretrial release and

19  grounds for the defendant to be remanded to the court,

20  appropriate sheriff, or law enforcement agency.

21         Section 4.  Section 907.07, Florida Statutes, is

22  created to read:

23         907.07  Vendor requirements for provision of electronic

24  monitoring services; vendor registration and certification

25  process.--

26         (1)  This section does not apply to electronic

27  monitoring provided directly by the state, a county, or a

28  sheriff.

29         (2)  The chief judge of each judicial circuit shall

30  maintain a list of all eligible vendors of electronic

31  monitoring in the circuit. To be an eligible vendor, a person

                                  6

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




 1  must be a licensed bail bond agent in this state who has

 2  registered in accordance with this section as a vendor capable

 3  of providing electronic monitoring services in that judicial

 4  circuit. The chief judge shall place on such list of eligible

 5  vendors any licensed bail bond agent in this state who

 6  certifies in writing, as part of the vendor registration, that

 7  all electronic monitoring equipment and electronic monitoring

 8  services shall be operated and maintained in compliance with

 9  this section and who agrees, as part of such certification, to

10  comply with the terms of this section.

11         (3)  Only government entities and licensed bail bond

12  agents who are included on a list of eligible vendors under

13  subsection (2) are permitted to undertake primary

14  responsibility as a vendor of electronic monitoring services

15  in a judicial circuit of this state.

16         (4)  A licensed bail bond agent shall agree to abide by

17  the following minimum terms as a condition of being included

18  on the list of eligible vendors of electronic monitoring in a

19  given judicial circuit of this state:

20         (a)  The vendor shall register in writing the name of

21  the vendor, who must be a licensed bail bond agent in this

22  state, the name of an individual employed by the vendor who is

23  to serve as a contact person for the vendor, the address of

24  the vendor, and the telephone number of the contact person.

25         (b)  The vendor must initially certify as part of the

26  registration, and must certify in writing at least annually

27  thereafter on a date set by the chief judge, that all of the

28  electronic monitoring devices used by the vendor and any of

29  the vendor's sub-contractors comply with the requirements for

30  privately owned electronic monitoring devices in s. 907.08.

31  

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




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

 2  any changes in the vendor's registration information that is

 3  required under this section.

 4         (6)  Failure to comply with the registration or

 5  recertification requirements of this section is grounds for

 6  removal from any chief judge's list of eligible vendors for

 7  electronic monitoring.

 8         (7)  The chief judge, in his or her discretion, may

 9  also remove any registered vendor from the list of eligible

10  vendors should the vendor:

11         (a)  Fail to properly monitor any person that the

12  vendor was required to monitor.

13         (b)  Charge a defendant a clearly excessive fee for use

14  and monitoring of electronic monitoring equipment. Such fee is

15  excessive if the fee charged on a per diem basis is at least

16  two times greater than the average fee charged by other

17  vendors on the eligible vendor list who provide comparable

18  electronic monitoring equipment and services in that judicial

19  circuit.

20         Section 5.  Section 907.08, Florida Statutes, is

21  created to read:

22         907.08  Standards for privately owned electronic

23  monitoring devices.--A privately owned electronic monitoring

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

25  standards set forth in this section to be used for electronic

26  monitoring of a person under s. 907.06 or s. 903.135. A device

27  must:

28         (1)  Be a transmitter unit that meets certification

29  standards approved by the Federal Communications Commission.

30         (2)  At the court's discretion, either:

31  

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    Florida Senate - 2005                    CS for CS for SB 1220
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 1         (a)  Emit signal content 24 hours per day, which signal

 2  identifies the specific device being worn by the defendant and

 3  the defendant's physical location using Global Positioning

 4  Satellite (GPS) technology accurate to within 9 meters; or

 5         (b)  Receive signal content 24 hours per day,

 6  determining the defendant's physical location using Global

 7  Positioning Satellite (GPS) technology accurate to within 9

 8  meters, recording the defendant's physical locations

 9  throughout the day and be capable of transmitting that record

10  of locations to the vendor at least daily.

11         (3)  A unit affixed to the defendant must:

12         (a)  Possess an internal power source that provides a

13  minimum of 1 year of normal operation without need for

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

15  signal content that indicates the power status of the

16  transmitter and provides the vendor with notification of

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

18         (b)  Possess and emit signal content that indicates

19  whether the transmitter has been subjected to tampering or

20  removal.

21         (c)  Possess encrypted signal content or another

22  feature designed to discourage duplication.

23         (d)  Be of a design that is shock resistant, water and

24  moisture proof, and capable of reliable function under normal

25  atmospheric and environmental conditions.

26         (e)  Be capable of wear and use in a manner that does

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

28  the defendant.

29         (f)  Be capable of being attached to the defendant in a

30  manner that readily reveals any efforts to tamper with or

31  remove the transmitter upon visual inspection.

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




 1         (g)  Use straps or other mechanisms for attaching the

 2  transmitter to the defendant which are either capable of being

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

 4  variety of sizes.

 5         Section 6.  Section 907.09, Florida Statutes, is

 6  created to read:

 7         907.09  Offenses related to electronic monitoring

 8  devices.--

 9         (1)  It is illegal for any person to intentionally

10  alter, tamper with, damage or destroy any electronic

11  monitoring equipment used for monitoring the location of a

12  person pursuant to court order, unless such person is the

13  owner of the equipment, or an agent of the owner performing

14  ordinary maintenance and repairs. A person who violates this

15  subsection commits a felony of the third degree, punishable as

16  provided in s. 775.082, s. 775.083, or s. 775.084.

17         (2)  It is illegal for any person to develop, build,

18  create, possess, or use any device that is intended to mimic,

19  clone, interfere with, or jam the signal of an electronic

20  monitoring device used to monitor the location of a person

21  pursuant to court order. A person who violates this subsection

22  commits a felony of the second degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         Section 7.  Subsection (3) is added to section 948.039,

25  Florida Statutes, to read:

26         948.039  Special terms and conditions of probation or

27  community control imposed by court order.--The court may

28  determine any special terms and conditions of probation or

29  community control. The terms and conditions should be

30  reasonably related to the circumstances of the offense

31  committed and appropriate for the offender. The court shall

                                  10

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    Florida Senate - 2005                    CS for CS for SB 1220
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 1  impose the special terms and conditions by oral pronouncement

 2  at sentencing and include the terms and conditions in the

 3  written sentencing order. Special terms and conditions may

 4  include, but are not limited to, requirements that the

 5  offender:

 6         (3)  Effective October 1, 2005, and applicable for

 7  violent felonies and sex-related offenses committed on or

 8  after that date, the court may order the posting of a

 9  probation bond under s. 903.135 to secure the appearance of

10  the offender at any subsequent court proceeding. Such bond may

11  include as a condition thereof that the offender be placed on

12  an electronic monitoring device and subject to electronic

13  monitoring services in a like manner and under like

14  conditions, as provided in s. 907.06. The offender shall be

15  ordered to pay the reasonable cost of the electronic

16  monitoring service.

17         Section 8.  Subsection (6) is added to section 948.11,

18  Florida Statutes, to read:

19         948.11  Electronic monitoring devices.--

20         (6)  Any offender sentenced to community control or

21  probation for a violent felony or sex-related offense and

22  required to submit to electronic monitoring pursuant to

23  statute, court order, or the discretion of the Department of

24  Corrections may be referred by the department to a vendor who

25  has been selected through a competitive bidding process for

26  the provision of electronic monitoring services, subject to

27  the requirements of s. 907.07. Notwithstanding subsection (5)

28  and s. 948.09(2), such offender shall be responsible for the

29  cost of monitoring and shall pay the same directly to the

30  vendor. A vendor shall report noncompliance to the assigned

31  probation officer or community control officer pursuant to the

                                  11

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    Florida Senate - 2005                    CS for CS for SB 1220
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 1  procedures applicable to the department under subsection (3).

 2  If an offender fails to timely pay any cost related to

 3  electronic monitoring services to the vendor, the vendor may

 4  file an affidavit of nonpayment with the department and, upon

 5  receipt of the affidavit, the department shall proceed with a

 6  violation of the probation or community control.

 7         Section 9.  This act shall take effect October 1, 2005.

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    Florida Senate - 2005                    CS for CS for SB 1220
    590-2252-05




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

 3                                 

 4  The committee substitute makes the following changes to the
    underlying committee substitute:
 5  
    --   Provides for bail bond agents to certify that the
 6       equipment and services rendered by a third-party
         electronic monitoring vendor with whom the bond agent
 7       subcontracts meet statutory requirements;

 8  --   Requires bail bond agents to separately maintain receipts
         for electronic monitoring services;
 9  
    --   Clarifies references to violent and sex-related
10       offenders;

11  --   Provides for written notice to a bail bond agent to
         require the agent to surrender an electronically
12       monitored person for a violation of probation;

13  --   Revises Global Positioning Satellite (GPS) technology
         requirements so that a person's location must be
14       pinpointed to within 9 meters instead of within 3 meters
         of the monitored person's actual location;
15  
    --   Requires a governmental entity that contracts with a
16       third-party vendor for electronic monitoring services to
         utilize the competitive bidding process;
17  
    --   Substitutes the word "or" for "and" with reference to
18       notification requirements for electronic monitoring
         providers when a person violates pretrial release
19       conditions so that the court, sheriff, law enforcement,
         state attorney, or licensed bail bond agent are to be
20       notified, as opposed to notifying all enumerated parties;

21  --   Provides language relating what is and is not a duty or
         responsibility of the electronic monitoring service
22       provider;

23  --   Provides requirements for a vendor of electronic
         monitoring services;"
24  
    --   Restricts eligibility for primary responsibility for
25       electronic monitoring services to government entities and
         licensed bail bond agents, removing private investigators
26       from list of eligible vendors;

27  --   Provides that charging a fee more than twice the amount
         of other vendors' fees on the list of approved vendors is
28       grounds for removal from the approved-vendor list;

29  --   Authorizes requirement of electronic monitoring as a
         condition of probation bond or community control;
30  
    --   Makes technical changes throughout.
31  

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