Florida Senate - 2015                                     SB 134
       By Senator Diaz de la Portilla
       40-00226-15                                            2015134__
    1                        A bill to be entitled                      
    2         An act relating to lifetime electronic monitoring of
    3         sex offenders; creating s. 943.71, F.S.; establishing
    4         the lifetime electronic monitoring program within the
    5         Department of Law Enforcement; requiring the
    6         implementation of an electronic monitoring system to
    7         monitor sex offenders sentenced to lifetime electronic
    8         monitoring; requiring tracking the movement and
    9         location of each sex offender; requiring timely
   10         reporting and recording of the sex offender’s presence
   11         in certain circumstances; requiring that such records
   12         be available upon request; requiring a sex offender
   13         sentenced to lifetime electronic monitoring to wear or
   14         carry an electronic monitoring device as determined by
   15         the department; requiring the sex offender to
   16         reimburse the department for the cost of the lifetime
   17         electronic monitoring; creating s. 943.711, F.S.;
   18         defining the term “sex offender”; requiring a
   19         convicted sex offender to be sentenced to lifetime
   20         electronic monitoring; providing criminal penalties;
   21         authorizing a term of imprisonment imposed for
   22         specified violations relating to lifetime electronic
   23         monitoring to run consecutively with other violations;
   24         providing an effective date.
   26         WHEREAS, the Legislature is concerned about convicted sex
   27  offenders who are released from custody or supervision and
   28  repeat the unlawful acts for which they were originally
   29  convicted, and
   30         WHEREAS, the Legislature has a compelling interest in
   31  protecting children and other individuals from predatory sexual
   32  activity, and
   33         WHEREAS, the Legislature finds that, despite registration
   34  and reporting requirements, law enforcement agencies encounter
   35  difficulties in locating many convicted sex offenders, and
   36         WHEREAS, a 2012 report by the Office of Program Policy
   37  Analysis and Government Accountability found that 40 percent of
   38  sheriff’s offices surveyed reported that they had difficulty
   39  locating convicted sex offenders who provide transient
   40  residences, and
   41         WHEREAS, the Legislature believes that some convicted sex
   42  offenders report their addresses as “transient” for the express
   43  purpose of avoiding law enforcement oversight, and
   44         WHEREAS, requiring a convicted sex offender to wear an
   45  electronic monitoring device for the duration of his or her
   46  natural life would provide law enforcement with the capability
   47  of determining the offender’s precise location, and
   48         WHEREAS, an electronic monitoring system would immediately
   49  inform law enforcement if a convicted sex offender was near a
   50  prohibited area such as a park, a child care facility, a school,
   51  or another location where children regularly congregate, and
   52         WHEREAS, the implementation of this electronic monitoring
   53  technology can assist law enforcement agencies in marshaling
   54  their resources to more effectively protect children and others
   55  from predatory sexual activity, NOW, THEREFORE,
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Section 943.71, Florida Statutes, is created to
   60  read:
   61         943.71 Lifetime electronic monitoring program.—
   62         (1) The lifetime electronic monitoring program is
   63  established in the department, which shall implement a system of
   64  monitoring sex offenders who are released from prison,
   65  probation, community control, or conditional release and who are
   66  sentenced by the court to lifetime electronic monitoring. The
   67  lifetime electronic monitoring program shall require all of the
   68  following:
   69         (a) Electronic tracking of the movement and location of
   70  each sex offender sentenced to lifetime electronic monitoring
   71  from the time that he or she is released from prison, probation,
   72  community control, or conditional release for the remainder of
   73  his or her natural life.
   74         (b) Use of an electronic system that actively monitors and
   75  identifies a sex offender’s location and movement, and timely
   76  reports and records his or her presence near or within a crime
   77  scene or in a prohibited area or his or her departure from
   78  specified geographic limitations. Such recorded information must
   79  be available upon request to the court or a law enforcement
   80  agency.
   81         (2) A sex offender who is sentenced to lifetime electronic
   82  monitoring shall wear or otherwise carry an electronic
   83  monitoring device as determined by the department and in the
   84  manner prescribed by the program. A sex offender subject to
   85  electronic monitoring by the department shall pay the department
   86  for the electronic monitoring services as provided in s.
   87  948.09(2).
   88         Section 2. Section 943.711, Florida Statutes, is created to
   89  read:
   90         943.711Lifetime electronic monitoring.—
   91         (1) For purposes of this section, “sex offender” means an
   92  offender convicted of a crime committed in this state on or
   93  after October 1, 2015, for which he or she is required to
   94  register pursuant to s. 775.21, s. 943.0435, or s. 944.607.
   95         (2) A person convicted as a sex offender shall be sentenced
   96  to lifetime electronic monitoring as provided under s. 943.71.
   97         (3) A sex offender who willfully or knowingly commits any
   98  of the following acts commits a felony of the third degree,
   99  punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
  100         (a) Intentionally altering, tampering with, damaging, or
  101  destroying electronic monitoring equipment.
  102         (b) Failure to notify the Department of Corrections of any
  103  damage to an electronic monitoring device.
  104         (c) Failure to reimburse the Department of Corrections or
  105  its agent for the cost of electronic monitoring.
  106         (4) A term of imprisonment imposed for a violation of this
  107  section may be served consecutively to any term of imprisonment
  108  imposed for any other violation of law which is committed by the
  109  offender while in violation of this section.
  110         Section 3. This act shall take effect October 1, 2015.