Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judiciary (Clary) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (6) is added to section 648.387,
19  Florida Statutes, to read:
20         648.387  Primary bail bond agents; duties.--
21         (6)(a)  A licensed bail bond agent may be a vendor of
22  electronic monitoring services. A licensed bail bond agent may
23  also subcontract for such services with a third-party vendor
24  of the bail bond agent's choice if the licensed bail bond
25  agent can certify that the equipment and services rendered by
26  such third-party vendor on the bail bond agent's behalf meet
27  the requirements of s. 907.07 for monitoring of a defendant
28  for whom the bail bond agent has provided a criminal surety
29  bail bond. A licensed bail bond agent is also permitted to
30  subcontract with government entities as a means for the bond
31  agent to provide electronic monitoring services when
                                  1
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  monitoring has been ordered by a court.
 2         (b)  A licensed bail bond agent may charge a
 3  reasonable, nonrefundable fee for electronic monitoring
 4  services to the person who is subject to electronic
 5  monitoring. Failure to make timely payment of such fee
 6  constitutes grounds for the agent to remand such person to the
 7  court or sheriff. Fees charged by a bail bond agent associated
 8  with required electronic monitoring services are not
 9  considered part of the premium for bail bond and are exempt
10  from s. 648.33.
11         (c)  Records and receipts for electronic monitoring
12  provided by a licensed bail bond agent shall be kept separate
13  and apart from bail bond records.
14         Section 2.  Section 903.135, Florida Statutes, is
15  created to read:
16         903.135  Probation appearance bond.--As a condition of
17  any probation, community control, or any other court-ordered
18  community supervision for a violent felony or sex-related
19  offense authorized pursuant to chapter 948, the court may
20  order the posting of a surety bond to secure the appearance of
21  the defendant at any subsequent court proceeding. Such bond
22  may include as a condition thereof that the defendant be
23  placed on an electronic monitoring device and subject to
24  electronic monitoring services in a like manner and under like
25  conditions as set forth in s. 907.06. The appearance bond
26  shall be filed by a licensed bail agent with the sheriff who
27  shall provide a copy to the clerk of the court. Upon 72 hours'
28  notice by the clerk of the court, the licensed bail agent
29  shall produce the person on probation, community control, or
30  other court-ordered community supervision to the court. The
31  licensed bail agent shall surrender to the sheriff a person on
                                  2
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  probation, community control, or court-ordered community
 2  supervision upon notice by the probation officer that the
 3  person has violated the terms of probation, community control,
 4  or court-ordered community supervision. Under this section,
 5  notice shall be in writing or by electronic data transmission.
 6  If the bail agent fails to produce the defendant in the court
 7  at the time noticed by the court or the clerk of court, the
 8  bond shall be estreated and forfeited according to the
 9  procedures set forth in this chapter. Failure to appear shall
10  be the sole grounds for forfeiture and estreature of the
11  appearance bond. Where not inconsistent with this subsection,
12  this chapter and chapter 648 shall regulate the relationship
13  between the bail agent and probationer.
14         Section 3.  Section 907.06, Florida Statutes, is
15  created to read:
16         907.06  Electronic monitoring.--
17         (1)  The court may order a defendant who has been
18  charged with a violent felony or sex-related offense or who
19  has been charged with any crime but who has been previously
20  convicted of a violent felony or sex-related offense to be
21  released from custody on a surety bond subject to conditions
22  that include, without limitation, electronic monitoring if
23  electronic monitoring is available in the jurisdiction. This
24  section also applies to persons subject to electronic
25  monitoring pursuant to s. 903.135.
26         (2)  A defendant required to submit to electronic
27  monitoring shall pay a reasonable fee for equipment use and
28  monitoring as an additional condition of pretrial release. The
29  failure of the defendant to make timely payment of such fee
30  constitutes a violation of pretrial release and grounds for
31  the defendant to be remanded to the court or appropriate
                                  3
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  sheriff or law enforcement agency.
 2         (3)  Electronic monitoring shall include the provision
 3  of services to continuously receive and monitor the electronic
 4  signals from the transmitter worn by the defendant so as to be
 5  capable of identifying the defendant's geographic position at
 6  any time to within 9 meters using Global Positioning Satellite
 7  (GPS) technology, subject to the limitations related to the
 8  technology and to circumstances of force majeuere. Such
 9  electronic monitoring services may be undertaken as a primary
10  responsibility by a government entity, or by a licensed bail
11  bond agent who may provide both bail bond services and have
12  primary responsibility or oversight for electronic monitoring
13  services. A government entity or licensed bail bond agent may
14  subcontract to a third-party vendor for electronic monitoring
15  services if such third-party vendor complies with all
16  provisions of this subsection and s. 907.08 and operates under
17  the direction and control of the government entity or bond
18  agent with primary responsibility as the vendor for electronic
19  monitoring. A government entity that elects to subcontract for
20  electronic monitoring services is required to select such
21  third-party vendor through a competitive bidding process.
22         (4)  Any person who provides electronic monitoring
23  services shall report any known violation of the defendant's
24  pretrial release conditions to the appropriate court, sheriff,
25  or law enforcement agency, state attorney, or licensed bail
26  agent, if any. Notwithstanding the foregoing requirement, the
27  provision of electronic monitoring services does not
28  constitute an undertaking to protect members of the public
29  from harm occasioned by a monitored person. The sole duty owed
30  by a person who provides electronic monitoring is to give a
31  law enforcement officer, upon request, an indication of the
                                  4
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  physical location of the monitored person at a point in time.
 2  It is unreasonable for any member of the public to expect that
 3  a provider of electronic monitoring services will provide
 4  protection against harm occasioned by a monitored person. A
 5  provider of electronic monitoring services cannot control the
 6  activities of a monitored person. A person who provides
 7  electronic monitoring is not responsible to other persons for
 8  equipment failure or for the criminal acts of a monitored
 9  person.
10         (5)  A defendant who has been released in accordance
11  with this section may not alter, tamper with, damage, or
12  destroy any electronic monitoring equipment. A defendant who
13  is notified of a malfunction in the equipment shall
14  immediately cooperate with the vendor in restoring the
15  equipment to proper functioning. A violation of this
16  subsection constitutes a violation of pretrial release and
17  grounds for the defendant to be remanded to the court,
18  appropriate sheriff, or law enforcement agency.
19         Section 4.  Section 907.07, Florida Statutes, is
20  created to read:
21         907.07  Vendor requirements for provision of electronic
22  monitoring services; vendor registration and certification
23  process.--
24         (1)  This section does not apply to electronic
25  monitoring provided directly by the state, a county, or a
26  sheriff.
27         (2)  The chief judge of each judicial circuit shall
28  maintain a list of all eligible vendors of electronic
29  monitoring in the circuit. To be an eligible vendor, a person
30  must be a licensed bail bond agent in this state who has
31  registered in accordance with this section as a vendor capable
                                  5
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  of providing electronic monitoring services in that judicial
 2  circuit. The chief judge shall place on such list of eligible
 3  vendors any licensed bail bond agent in this state who
 4  certifies in writing, as part of the vendor registration, that
 5  all electronic monitoring equipment and electronic monitoring
 6  services shall be operated and maintained in compliance with
 7  this section and who agrees, as part of such certification, to
 8  comply with the terms of this section.
 9         (3)  Only government entities and licensed bail bond
10  agents who are included on a list of eligible vendors under
11  subsection (2) are permitted to undertake primary
12  responsibility as a vendor of electronic monitoring services
13  in a judicial circuit of this state.
14         (4)  A licensed bail bond agent shall agree to abide by
15  the following minimum terms as a condition of being included
16  on the list of eligible vendors of electronic monitoring in a
17  given judicial circuit of this state:
18         (a)  The vendor shall register in writing the name of
19  the vendor, who must be a licensed bail bond agent in this
20  state, the name of an individual employed by the vendor who is
21  to serve as a contact person for the vendor, the address of
22  the vendor, and the telephone number of the contact person.
23         (b)  The vendor must initially certify as part of the
24  registration, and must certify in writing at least annually
25  thereafter on a date set by the chief judge, that all of the
26  electronic monitoring devices used by the vendor and any of
27  the vendor's sub-contractors comply with the requirements for
28  privately owned electronic monitoring devices in s. 907.08.
29         (5)  A vendor shall promptly notify the chief judge of
30  any changes in the vendor's registration information that is
31  required under this section.
                                  6
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1         (6)  Failure to comply with the registration or
 2  recertification requirements of this section is grounds for
 3  removal from any chief judge's list of eligible vendors for
 4  electronic monitoring.
 5         (7)  The chief judge, in his or her discretion, may
 6  also remove any registered vendor from the list of eligible
 7  vendors should the vendor:
 8         (a)  Fail to properly monitor any person that the
 9  vendor was required to monitor.
10         (b)  Charge a defendant a clearly excessive fee for use
11  and monitoring of electronic monitoring equipment. Such fee is
12  excessive if the fee charged on a per diem basis is at least
13  two times greater than the average fee charged by other
14  vendors on the eligible vendor list who provide comparable
15  electronic monitoring equipment and services in that judicial
16  circuit.
17         Section 5.  Section 907.08, Florida Statutes, is
18  created to read:
19         907.08  Standards for privately owned electronic
20  monitoring devices.--A privately owned electronic monitoring
21  device provided by a vendor must, at a minimum, meet the
22  standards set forth in this section to be used for electronic
23  monitoring of a person under s. 907.06 or s. 903.135. A device
24  must:
25         (1)  Be a transmitter unit that meets certification
26  standards approved by the Federal Communications Commission.
27         (2)  At the court's discretion, either:
28         (a)  Emit signal content 24 hours per day, which signal
29  identifies the specific device being worn by the defendant and
30  the defendant's physical location using Global Positioning
31  Satellite (GPS) technology accurate to within 9 meters; or
                                  7
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1         (b)  Receive signal content 24 hours per day,
 2  determining the defendant's physical location using Global
 3  Positioning Satellite (GPS) technology accurate to within 9
 4  meters, recording the defendant's physical locations
 5  throughout the day and be capable of transmitting that record
 6  of locations to the vendor at least daily.
 7         (3)  A unit affixed to the defendant must:
 8         (a)  Possess an internal power source that provides a
 9  minimum of 1 year of normal operation without need for
10  recharging or replacing the power source. The device must emit
11  signal content that indicates the power status of the
12  transmitter and provides the vendor with notification of
13  whether the power source needs to be recharged or replaced.
14         (b)  Possess and emit signal content that indicates
15  whether the transmitter has been subjected to tampering or
16  removal.
17         (c)  Possess encrypted signal content or another
18  feature designed to discourage duplication.
19         (d)  Be of a design that is shock resistant, water and
20  moisture proof, and capable of reliable function under normal
21  atmospheric and environmental conditions.
22         (e)  Be capable of wear and use in a manner that does
23  not pose a safety hazard or unduly restrict the activities of
24  the defendant.
25         (f)  Be capable of being attached to the defendant in a
26  manner that readily reveals any efforts to tamper with or
27  remove the transmitter upon visual inspection.
28         (g)  Use straps or other mechanisms for attaching the
29  transmitter to the defendant which are either capable of being
30  adjusted to fit a defendant of any size or made available in a
31  variety of sizes.
                                  8
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1         Section 6.  Section 907.09, Florida Statutes, is
 2  created to read:
 3         907.09  Offenses related to electronic monitoring
 4  devices.--
 5         (1)  It is illegal for any person to intentionally
 6  alter, tamper with, damage or destroy any electronic
 7  monitoring equipment used for monitoring the location of a
 8  person pursuant to court order, unless such person is the
 9  owner of the equipment, or an agent of the owner performing
10  ordinary maintenance and repairs. A person who violates this
11  subsection commits a felony of the third degree, punishable as
12  provided in s. 775.082, s. 775.083, or s. 775.084.
13         (2)  It is illegal for any person to develop, build,
14  create, possess, or use any device that is intended to mimic,
15  clone, interfere with, or jam the signal of an electronic
16  monitoring device used to monitor the location of a person
17  pursuant to court order. A person who violates this subsection
18  commits a felony of the second degree, punishable as provided
19  in s. 775.082, s. 775.083, or s. 775.084.
20         Section 7.  Subsection (3) is added to section 948.039,
21  Florida Statutes, to read:
22         948.039  Special terms and conditions of probation or
23  community control imposed by court order.--The court may
24  determine any special terms and conditions of probation or
25  community control. The terms and conditions should be
26  reasonably related to the circumstances of the offense
27  committed and appropriate for the offender. The court shall
28  impose the special terms and conditions by oral pronouncement
29  at sentencing and include the terms and conditions in the
30  written sentencing order. Special terms and conditions may
31  include, but are not limited to, requirements that the
                                  9
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  offender:
 2         (3)  Effective October 1, 2005, and applicable for
 3  violent felonies and sex-related offenses committed on or
 4  after that date, the court may order the posting of a
 5  probation bond under s. 903.135 to secure the appearance of
 6  the offender at any subsequent court proceeding. Such bond may
 7  include as a condition thereof that the offender be placed on
 8  an electronic monitoring device and subject to electronic
 9  monitoring services in a like manner and under like
10  conditions, as provided in s. 907.06. The offender shall be
11  ordered to pay the reasonable cost of the electronic
12  monitoring service.
13         Section 8.  Subsection (6) is added to section 948.11,
14  Florida Statutes, to read:
15         948.11  Electronic monitoring devices.--
16         (6)  Any offender sentenced to community control or
17  probation for a violent felony or sex-related offense and
18  required to submit to electronic monitoring pursuant to
19  statute, court order, or the discretion of the Department of
20  Corrections may be referred by the department to a vendor who
21  has been selected through a competitive bidding process for
22  the provision of electronic monitoring services, subject to
23  the requirements of s. 907.07. Notwithstanding subsection (5)
24  and s. 948.09(2), such offender shall be responsible for the
25  cost of monitoring and shall pay the same directly to the
26  vendor. A vendor shall report noncompliance to the assigned
27  probation officer or community control officer pursuant to the
28  procedures applicable to the department under subsection (3).
29  If an offender fails to timely pay any cost related to
30  electronic monitoring services to the vendor, the vendor may
31  file an affidavit of nonpayment with the department and, upon
                                  10
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1  receipt of the affidavit, the department shall proceed with a
 2  violation of the probation or community control.
 3         Section 9.  This act shall take effect October 1, 2005.
 4  
 5  
 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         Delete everything before the enacting clause
 9  
10  and insert:
11                      A bill to be entitled
12         An act relating to electronic monitoring;
13         amending s. 648.387, F.S.; authorizing bail
14         bond agents to be vendors of electronic
15         monitoring services; authorizing bail bond
16         agents to contract with third-party vendors to
17         provide electronic monitoring of pretrial
18         releases in certain circumstances; authorizing
19         bail bond agents to contract with government
20         entities to provide electronic monitoring
21         services in certain circumstances; authorizing
22         such agents to collect a fee for electronic
23         monitoring services; providing that failure to
24         make timely payment of such fee constitutes
25         grounds to remand; providing that such fee is
26         exempt from regulation by the Department of
27         Financial Services; creating s. 903.135, F.S.;
28         authorizing issuance of a probation appearance
29         bond; authorizing electronic monitoring of a
30         person subject to a probation appearance bond;
31         providing procedures for revocation of the
                                  11
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1220
                        Barcode 832772
 1         bond; providing application; creating s.
 2         907.06, F.S.; providing for electronic
 3         monitoring of persons on pretrial release;
 4         requiring the monitored person to pay fees;
 5         providing that provision of electronic
 6         monitoring equipment and services is not an
 7         undertaking; prohibiting a person being
 8         monitored from tampering with monitoring
 9         equipment; creating s. 907.07, F.S.; providing
10         a means by which the chief judge of each
11         circuit shall maintain a list of eligible
12         private vendors for provision of electronic
13         monitoring services; creating s. 907.08, F.S.;
14         providing standards for privately owned
15         electronic monitoring devices; creating s.
16         907.09, F.S.; providing criminal penalties for
17         tampering with electronic monitoring devices;
18         providing criminal penalties for cloning the
19         signal of an electronic monitoring device;
20         amending s. 948.039, F.S.; allowing a court to
21         require a probation appearance bond; amending
22         s. 948.11, F.S.; allowing private vendors to
23         provide electronic monitoring of offenders
24         subject to community control or probation for
25         violent felonies and sex-related offenses;
26         providing an effective date.
27  
28  
29  
30  
31  
                                  12
    8:13 AM   04/21/05                           s1220c1d-ju04-z6g