HB 0391CS

CHAMBER ACTION



1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to electronic monitoring; amending s.
7648.387, F.S.; authorizing bail bond agents to be vendors
8of electronic monitoring services; authorizing bail bond
9agents to contract with vendors to provide electronic
10monitoring of pretrial releasees in certain circumstances;
11authorizing bail bond agents to contract with government
12entities to provide electronic monitoring services in
13certain circumstances; authorizing such agents to collect
14a fee for electronic monitoring services; providing that
15failure to make timely payment of fees constitutes grounds
16to remand; providing that such fees are exempt from
17regulation by the Department of Financial Services;
18creating s. 903.135, F.S.; authorizing issuance of a
19probation appearance bond; authorizing electronic
20monitoring of a person subject to a probation appearance
21bond; providing procedures for forfeiture and estreature
22of the bond; providing application; creating s. 907.06,
23F.S.; providing for electronic monitoring of persons on
24pretrial release; requiring the monitored person to pay
25fees; prohibiting a person being monitored from tampering
26with monitoring equipment; creating s. 907.07, F.S.;
27providing for creation of a list of approved vendors for
28provision of electronic monitoring services by the chief
29judge of each circuit; providing eligibility and other
30requirements; providing grounds for removal from the list;
31creating s. 907.08, F.S.; providing standards for
32privately owned electronic monitoring devices; creating s.
33907.09, F.S.; providing criminal penalties for tampering
34with electronic monitoring devices; providing criminal
35penalties for cloning or interfering with the signal of an
36electronic monitoring device; amending s. 948.039, F.S.;
37allowing a court to require a probation appearance bond;
38requiring the offender to pay the cost of monitoring;
39amending s. 948.11, F.S.; allowing private vendors to
40provide electronic monitoring of offenders subject to
41community control or probation; requiring the offender to
42pay the cost of monitoring; providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Subsection (6) is added to section 648.387,
47Florida Statutes, to read:
48     648.387  Primary bail bond agents; duties.--
49     (6)(a)  A bail bond agent may be a vendor of electronic
50monitoring services. A bail bond agent may also contract with a
51vendor of the bail bond agent's choice from among those vendors
52approved under s. 907.07 for monitoring of a defendant for whom
53the agent has provided a criminal surety bail bond. A bail bond
54agent may additionally contract with government entities to
55provide electronic monitoring services when monitoring has been
56ordered by a court.
57     (b)  A bail bond agent may charge a reasonable,
58nonrefundable fee for electronic monitoring services from the
59person who is subject to electronic monitoring. Failure to make
60timely payment of such fees constitutes grounds for the agent to
61remand such person to the court or sheriff. Fees charged by a
62bail bond agent associated with required electronic monitoring
63services are not considered part of the premium for a bail bond
64and shall be exempt from the provisions of s. 648.33.
65     Section 2.  Section 903.135, Florida Statutes, is created
66to read:
67     903.135  Probation appearance bond.--As a condition of any
68probation, community control, or any other court-ordered
69community supervision authorized under chapter 948, the court
70may order the posting of a bond to secure the appearance of the
71defendant at any subsequent court proceeding. Such bond may
72include as a condition thereof that the defendant be placed on
73an electronic monitoring device in a like manner and under like
74conditions as in s. 907.06. The appearance bond shall be filed
75by a bail bond agent with the sheriff who shall provide a copy
76to the clerk of the court. Upon 72 hours' notice by the clerk of
77the court, the bail bond agent shall produce the person on
78probation, community control, or other court-ordered community
79supervision to the court. The bail bond agent shall surrender to
80the sheriff a person on probation, community control, or court-
81ordered community supervision upon notice by the probation
82officer that the person has violated the terms of probation,
83community control, or court-ordered community supervision. If
84the bail bond agent fails to produce the defendant in the court
85at the time noticed by the court or the clerk of the court, the
86bond shall be estreated and forfeited according to the
87procedures set forth in this chapter. Failure to appear shall be
88the sole grounds for forfeiture and estreature of the appearance
89bond. Where not inconsistent with this section, this chapter
90shall regulate the relationship between the bail bond agent and
91probationer.
92     Section 3.  Section 907.06, Florida Statutes, is created to
93read:
94     907.06  Electronic monitoring.--
95     (1)  As a condition of pretrial release, and regardless of
96whether the court requires bail as a condition of pretrial
97release, the court may order a defendant charged with a violent
98or sex-related offense, or who has previously been convicted of
99a violent or sex-related offense, to be subject to electronic
100monitoring, if electronic monitoring is available in the
101jurisdiction. This section also applies to persons subject to
102electronic monitoring under s. 903.135.
103     (2)  A defendant required to submit to electronic
104monitoring shall pay a reasonable fee for equipment use and
105monitoring as an additional condition of pretrial release. The
106failure of the defendant to make timely payment of such fees
107constitutes a violation of pretrial release and grounds for the
108defendant to be remanded to the court or appropriate sheriff.
109     (3)  The court ordering electronic monitoring shall appoint
110a person to continuously receive and monitor the electronic
111signals from the transmitter worn by the defendant so as to be
112capable of identifying the defendant's geographic position at
113any time using Global Positioning Satellite (GPS) technology,
114subject to the limitations related to the technology and to
115circumstances of force majeure. The appointed person may be a
116government entity or a vendor as provided in s. 907.07. A bail
117bond agent may provide both bail bond services and electronic
118monitoring services.
119     (4)  Any person who provides electronic monitoring services
120shall report forthwith any known violation of the defendant's
121pretrial release conditions to the appropriate court, sheriff,
122state attorney, and bail bond agent, if any.
123     (5)  A defendant who has been released in accordance with
124the provisions of this section shall not alter, tamper with,
125damage, or destroy any electronic monitoring equipment. A
126defendant who is notified of a malfunction in the equipment
127shall immediately cooperate with the vendor in restoring the
128equipment to proper functioning. A violation of this subsection
129constitutes a violation of pretrial release and grounds for the
130defendant to be remanded to the court or the appropriate
131sheriff.
132     Section 4.  Section 907.07, Florida Statutes, is created to
133read:
134     907.07  Approved vendors for provision of electronic
135monitoring services; approved equipment.--
136     (1)  This section shall not apply to electronic monitoring
137provided by the state, a county, or a sheriff.
138     (2)  The chief judge of each circuit shall develop and
139maintain a list of all vendors who are authorized to provide
140electronic monitoring services for courts in the circuit. The
141chief judge shall place any person who is eligible as a vendor,
142and who agrees to comply with the terms of this section, onto
143the list of approved vendors.
144     (3)  The following persons are eligible for inclusion on
145the list of approved vendors:
146     (a)  A bail bond agency holding an active and current
147license under chapter 648.
148     (b)  A private investigative agency holding a current and
149active license under chapter 493.
150     (c)  A person who is approved by the chief judge of any
151circuit of the state and who is determined to be reliable and
152trustworthy and has never been convicted of a felony or crime of
153moral turpitude.
154     (d)  A person approved as a vendor of electronic monitoring
155services by a court of competent jurisdiction in another state
156and who has not been previously disqualified as a vendor in any
157state or court.
158     (4)  A vendor must agree to abide by the following minimum
159requirements before inclusion on the list of approved vendors:
160     (a)  The vendor shall provide the clerk with the name of
161the vendor, the name of an individual employed by the vendor who
162shall serve as a contact person for the vendor, the address of
163the vendor, and the telephone number of the contact person.
164     (b)  The vendor must initially certify, and must certify at
165least annually thereafter on a date set by the chief judge, that
166all of the vendor's electronic monitoring devices comply with
167the requirements for privately owned electronic monitoring
168devices in s. 907.08.
169     (5)  A vendor shall promptly notify the chief judge of any
170changes in the vendor's address, ownership, or qualifications to
171be a vendor.
172     (6)  The chief judge, in his or her discretion, may remove
173any vendor from the list of approved vendors should the vendor:
174     (a)  Fail to comply with the registration or
175recertification requirements of this section.
176     (b)  Fail to properly monitor any person that the vendor
177was required to monitor.
178     (c)  Charge a defendant a clearly excessive fee for use and
179monitoring of electronic monitoring equipment.
180     Section 5.  Section 907.08, Florida Statutes, is created to
181read:
182     907.08  Standards for privately owned electronic monitoring
183devices.--A privately owned electronic monitoring device
184provided by a vendor must, at a minimum, meet the standards set
185forth in this section. A device must:
186     (1)  Be a transmitter unit that meets certification
187standards approved by the Federal Communications Commission.
188     (2)  At the court's discretion, either:
189     (a)  Emit signal content 24 hours per day, which signal
190identifies the specific device being worn by the defendant and
191the defendant's physical location using Global Positioning
192Satellite (GPS) technology accurate to within 3 meters; or
193     (b)  Receive signal content 24 hours per day, determining
194the defendant's physical location using Global Positioning
195Satellite (GPS) technology accurate to within 3 meters,
196recording the defendant's physical locations throughout the day,
197and be capable of transmitting that record of locations to the
198vendor at least daily.
199     (3)  When affixed to the defendant, must possess an
200internal power source that provides a minimum of 1 year of
201normal operation without need for recharging or replacing the
202power source. The device must emit signal content that indicates
203the power status of the transmitter and provides the vendor with
204notification of whether the power source needs to be recharged
205or replaced.
206     (4)  Possess and emit signal content that indicates whether
207the transmitter has been subjected to tampering or removal.
208     (5)  Possess encrypted signal content or another feature
209designed to discourage duplication.
210     (6)  Be of a design that is shock resistant, water and
211moisture proof, and capable of reliable function under normal
212atmospheric and environmental conditions.
213     (7)  Be capable of wear and use in a manner that does not
214pose a safety hazard or unduly restrict the activities of the
215defendant.
216     (8)  Be capable of being attached to the defendant in a
217manner that readily reveals any efforts to tamper with or remove
218the transmitter upon visual inspection.
219     (9)  Use straps or other mechanisms for attaching the
220transmitter to the defendant that are either capable of being
221adjusted to fit a defendant of any size or made available in a
222variety of sizes.
223     Section 6.  Section 907.09, Florida Statutes, is created to
224read:
225     907.09  Offenses related to electronic monitoring
226devices.--
227     (1)  It is illegal for any person to intentionally alter,
228tamper with, damage, or destroy any electronic monitoring
229equipment used for monitoring the location of a person pursuant
230to court order, unless such person is the owner of the
231equipment, or an agent of the owner performing ordinary
232maintenance and repairs. A person who violates this subsection
233commits a felony of the third degree, punishable as provided in
234s. 775.082, s. 775.083, or s. 775.084.
235     (2)  It is illegal for any person to develop, build,
236create, possess, or use any device that is intended to mimic,
237clone, interfere with, or jam the signal of an electronic
238monitoring device used to monitor the location of a person
239pursuant to court order. A person who violates this subsection
240commits a felony of the second degree, punishable as provided in
241s. 775.082, s. 775.083, or s. 775.084.
242     Section 7.  Subsection (3) is added to section 948.039,
243Florida Statutes, to read:
244     948.039  Special terms and conditions of probation or
245community control imposed by court order.--The court may
246determine any special terms and conditions of probation or
247community control. The terms and conditions should be reasonably
248related to the circumstances of the offense committed and
249appropriate for the offender. The court shall impose the special
250terms and conditions by oral pronouncement at sentencing and
251include the terms and conditions in the written sentencing
252order. Special terms and conditions may include, but are not
253limited to, requirements that the offender:
254     (3)  Effective October 1, 2005, and applicable for offenses
255committed on or after that date, the court may order the posting
256of a probation appearance bond under s. 903.135 to secure the
257appearance of the offender at any subsequent court proceeding.
258Such bond may include as a condition thereof that the offender
259be placed on an electronic monitoring device in the manner and
260conditions provided in s. 907.06. The offender shall be ordered
261to pay the reasonable cost of the electronic monitoring service.
262     Section 8.  Subsection (6) is added to section 948.11,
263Florida Statutes, to read:
264     948.11  Electronic monitoring devices.--
265     (6)  Any offender sentenced to community control or
266probation and required to submit to electronic monitoring
267pursuant to statute, court order, or the discretion of the
268Department of Corrections may be referred by the Department of
269Corrections to a vendor for the provision of electronic
270monitoring services. Notwithstanding subsection (5) and s.
271948.09(2), such offender shall be responsible for the cost of
272monitoring and shall pay the same directly to the vendor. A
273vendor shall report noncompliance to the assigned probation
274officer or community control officer pursuant to the procedures
275applicable to the Department of Corrections under subsection
276(3). If an offender fails to timely pay any cost related to
277electronic monitoring services to the vendor, the vendor may
278file an affidavit of nonpayment with the Department of
279Corrections and, upon receipt of the affidavit, the department
280shall proceed with a violation of the probation or community
281control.
282     Section 9.  This act shall take effect October 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.