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. 25 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, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 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: 90 943.711 Lifetime 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.