| 1 | A bill to be entitled | 
| 2 | An act relating to electronic monitoring; amending s. | 
| 3 | 648.387, F.S.; authorizing bail bond agents to be vendors | 
| 4 | of electronic monitoring services; authorizing bail bond | 
| 5 | agents to contract with third-party vendors to provide | 
| 6 | electronic monitoring of pretrial releasees in certain | 
| 7 | circumstances; authorizing bail bond agents to register | 
| 8 | with a government entity to provide electronic monitoring | 
| 9 | services in certain circumstances; authorizing such agents | 
| 10 | to collect a fee for electronic monitoring services; | 
| 11 | providing that failure to make timely payment of fees | 
| 12 | constitutes grounds to remand; providing that such fees | 
| 13 | are exempt from regulation by the Department of Financial | 
| 14 | Services; creating s. 903.135, F.S.; authorizing issuance | 
| 15 | of a probation appearance bond for certain offenders; | 
| 16 | authorizing electronic monitoring of a person subject to a | 
| 17 | probation appearance bond; providing procedures for | 
| 18 | revocation of the bond; providing application; creating s. | 
| 19 | 907.06, F.S.; providing for electronic monitoring of | 
| 20 | persons on pretrial release; requiring the monitored | 
| 21 | person to pay fees; providing that provision of electronic | 
| 22 | monitoring equipment and services is not an undertaking; | 
| 23 | prohibiting a person being monitored from tampering with | 
| 24 | monitoring equipment; creating s. 907.07, F.S.; providing | 
| 25 | a means by which the chief judge of each circuit shall | 
| 26 | maintain a list of eligible private vendors for provision | 
| 27 | of electronic monitoring services; creating s. 907.08, | 
| 28 | F.S.; providing standards for privately owned electronic | 
| 29 | monitoring devices; creating s. 907.09, F.S.; providing | 
| 30 | criminal penalties for tampering with electronic | 
| 31 | monitoring devices; providing criminal penalties for | 
| 32 | cloning the signal of an electronic monitoring device; | 
| 33 | amending s. 948.039, F.S.; allowing a court to require a | 
| 34 | probation appearance bond; amending s. 948.11, F.S.; | 
| 35 | allowing private vendors to provide electronic monitoring | 
| 36 | of offenders subject to community control or probation for | 
| 37 | violent felonies and sex-related offenses; providing an | 
| 38 | effective date. | 
| 39 | 
 | 
| 40 | Be It Enacted by the Legislature of the State of Florida: | 
| 41 | 
 | 
| 42 | Section 1.  Subsection (6) is added to section 648.387, | 
| 43 | Florida Statutes, to read: | 
| 44 | 648.387  Primary bail bond agents; duties.-- | 
| 45 | (6)(a)  A licensed bail bond agent may be a vendor of | 
| 46 | electronic monitoring services. A licensed bail bond agent may | 
| 47 | also subcontract for such services with a third-party vendor of | 
| 48 | the bail bond agent's choice provided the licensed bail bond | 
| 49 | agent can certify that the equipment and services rendered by | 
| 50 | such third-party vendor on the bail bond agent's behalf meet the | 
| 51 | requirements of s. 907.07 for monitoring of a defendant for whom | 
| 52 | the bail bond agent has provided a criminal surety bail bond. A | 
| 53 | licensed bail bond agent may additionally register with a | 
| 54 | government entity to provide electronic monitoring services when | 
| 55 | monitoring has been ordered by a court if the electronic | 
| 56 | monitoring devices meet the requirements of s. 907.07. | 
| 57 | (b)  A licensed bail bond agent may charge a reasonable, | 
| 58 | nonrefundable fee for electronic monitoring services from the | 
| 59 | person who is subject to electronic monitoring. Failure to make | 
| 60 | timely payment of such fees constitutes grounds for the agent to | 
| 61 | remand such person to the court or sheriff. Fees charged by a | 
| 62 | bail bond agent associated with required electronic monitoring | 
| 63 | services are not considered part of the bail bond premium and | 
| 64 | shall be exempt from the provisions of s. 648.33. | 
| 65 | (c)  Records and receipts for electronic monitoring | 
| 66 | provided by a licensed bail bond agent shall be kept separate | 
| 67 | and apart from bail bond records. | 
| 68 | Section 2.  Section 903.135, Florida Statutes, is created | 
| 69 | to read: | 
| 70 | 903.135  Probation appearance bond.--As a condition of any | 
| 71 | probation, community control, or any other court-ordered | 
| 72 | community supervision for a violent felony or sex-related | 
| 73 | offense authorized pursuant to chapter 948, the court may order | 
| 74 | the posting of a surety bond to secure the appearance of the | 
| 75 | defendant at any subsequent court proceeding. Such bond may | 
| 76 | include as a condition thereof that the defendant be placed on | 
| 77 | an electronic monitoring device and subject to electronic | 
| 78 | monitoring services, in a like manner and under like conditions | 
| 79 | as set forth in s. 907.06. The appearance bond shall be filed by | 
| 80 | a licensed bail agent with the sheriff who shall provide a copy | 
| 81 | to the clerk of the court. Upon 72 hours' notice by the clerk of | 
| 82 | court, the licensed bail agent shall produce the person on | 
| 83 | probation, community control, or other court-ordered community | 
| 84 | supervision to the court. The licensed bail agent shall | 
| 85 | surrender to the sheriff a person on probation, community | 
| 86 | control, or court-ordered community supervision upon notice by | 
| 87 | the probation officer that the person has violated the terms of | 
| 88 | probation, community control, or court-ordered community | 
| 89 | supervision. Under this section, notice shall be in writing or | 
| 90 | by electronic data transmission. If the licensed bail agent | 
| 91 | fails to produce the defendant in the court at the time noticed | 
| 92 | by the court or the clerk of court, the bond shall be estreated | 
| 93 | and forfeited according to the procedures set forth in this | 
| 94 | chapter. Failure to appear shall be the sole grounds for | 
| 95 | forfeiture and estreature of the appearance bond. Where not | 
| 96 | inconsistent with this section, this chapter and chapter 648 | 
| 97 | shall regulate the relationship between the bail agent and | 
| 98 | probationer. | 
| 99 | Section 3.  Section 907.06, Florida Statutes, is created to | 
| 100 | read: | 
| 101 | 907.06  Electronic monitoring.-- | 
| 102 | (1)  The court may order a defendant who has been charged | 
| 103 | with a violent felony or sex-related offense, or who has been | 
| 104 | charged with any crime but who has been previously convicted of | 
| 105 | a violent felony or sex-related offense, to be released from | 
| 106 | custody on a surety bond subject to conditions that include, | 
| 107 | without limitation, electronic monitoring, if electronic | 
| 108 | monitoring is available in the jurisdiction. This section also | 
| 109 | applies to persons subject to electronic monitoring pursuant to | 
| 110 | s. 903.135. | 
| 111 | (2)  A defendant required to submit to electronic | 
| 112 | monitoring shall pay a reasonable fee for equipment use and | 
| 113 | monitoring as an additional condition of pretrial release. The | 
| 114 | failure of the defendant to make timely payment of such fees | 
| 115 | constitutes a violation of pretrial release and grounds for the | 
| 116 | defendant to be remanded to the court or appropriate sheriff or | 
| 117 | law enforcement agency. | 
| 118 | (3)  Electronic monitoring shall include the provision of | 
| 119 | services to continuously receive and monitor the electronic | 
| 120 | signals from the transmitter worn by the defendant so as to be | 
| 121 | capable of identifying the defendant's geographic position at | 
| 122 | any time to within 9 meters using Global Positioning Satellite | 
| 123 | (GPS) technology, subject to the limitations related to the | 
| 124 | technology and to circumstances of force majeure. Such | 
| 125 | electronic monitoring services may be undertaken as a primary | 
| 126 | responsibility by a government entity or by a licensed bail bond | 
| 127 | agent who may provide both bail bond services and have primary | 
| 128 | responsibility or oversight for electronic monitoring services. | 
| 129 | A government entity or licensed bail bond agent may subcontract | 
| 130 | to a third-party vendor for electronic monitoring services | 
| 131 | provided such third-party vendor complies with all provisions of | 
| 132 | this subsection and s. 907.08, and operates under the direction | 
| 133 | and control of the government entity or bond agent with primary | 
| 134 | responsibility as the vendor for electronic monitoring. A | 
| 135 | government entity that elects to subcontract for electronic | 
| 136 | monitoring services shall be required to select such third-party | 
| 137 | vendor through a competitive bidding process. | 
| 138 | (4)  Any person who provides electronic monitoring services | 
| 139 | shall report forthwith any known violation of the defendant's | 
| 140 | pretrial release conditions to the appropriate court, sheriff or | 
| 141 | law enforcement agency, state attorney, and licensed bail agent, | 
| 142 | if any. Notwithstanding the foregoing requirement, the provision | 
| 143 | of electronic monitoring services shall not be deemed to | 
| 144 | constitute an undertaking to protect members of the public from | 
| 145 | harm occasioned by a monitored person. The sole duty owed by a | 
| 146 | person who provides electronic monitoring is to give a law | 
| 147 | enforcement officer, upon request, an indication of the physical | 
| 148 | location of the monitored person at any point in time. It is | 
| 149 | unreasonable for any member of the public to expect that a | 
| 150 | provider of electronic monitoring services will provide | 
| 151 | protection against harm occasioned by a monitored person. A | 
| 152 | provider of electronic monitoring services cannot control the | 
| 153 | activities of a monitored person. A person who provides | 
| 154 | electronic monitoring is not responsible to other persons for | 
| 155 | equipment failure or for the criminal acts of a monitored | 
| 156 | person. | 
| 157 | (5)  A defendant who has been released in accordance with | 
| 158 | the provisions of this section shall not alter, tamper with, | 
| 159 | damage, or destroy any electronic monitoring equipment. A | 
| 160 | defendant who is notified of a malfunction in the equipment | 
| 161 | shall immediately cooperate with the vendor in restoring the | 
| 162 | equipment to proper functioning. A violation of this subsection | 
| 163 | constitutes a violation of pretrial release and grounds for the | 
| 164 | defendant to be remanded to the court or appropriate sheriff or | 
| 165 | law enforcement agency. | 
| 166 | Section 4.  Section 907.07, Florida Statutes, is created to | 
| 167 | read: | 
| 168 | 907.07  Vendor requirements for provision of electronic | 
| 169 | monitoring services; vendor registration and certification | 
| 170 | process.-- | 
| 171 | (1)  This section shall not apply to electronic monitoring | 
| 172 | provided directly by the state, a county, or a sheriff. | 
| 173 | (2)  The chief judge of each judicial circuit shall | 
| 174 | maintain a list of all eligible vendors of electronic monitoring | 
| 175 | in the circuit. To be an eligible vendor, a person must be a | 
| 176 | licensed bail bond agent in this state who has registered in | 
| 177 | accordance with this section as a vendor capable of providing | 
| 178 | electronic monitoring services in that judicial circuit. The | 
| 179 | chief judge shall place on such list of eligible vendors any | 
| 180 | licensed bail bond agent in this state who certifies in writing, | 
| 181 | as part of the vendor registration, that all electronic | 
| 182 | monitoring equipment and electronic monitoring services shall be | 
| 183 | operated and maintained in compliance with this section, and who | 
| 184 | agrees as part of such certification to comply with the terms of | 
| 185 | this section. | 
| 186 | (3)  Only a governmental entity or a licensed bail bond | 
| 187 | agent who is included on a list of eligible vendors under | 
| 188 | subsection (2) shall be permitted to undertake primary | 
| 189 | responsibility as a vendor of electronic monitoring services in | 
| 190 | a judicial circuit of this state. | 
| 191 | (4)  A licensed bail bond agent shall agree to abide by the | 
| 192 | following minimum terms as a condition of being included on the | 
| 193 | list of eligible vendors of electronic monitoring in a given | 
| 194 | judicial circuit of this state: | 
| 195 | (a)  The vendor shall register in writing the name of the | 
| 196 | vendor who shall be a licensed bail bond agent in this state, | 
| 197 | the name of an individual employed by the vendor who is to serve | 
| 198 | as a contact person for the vendor, the address of the vendor, | 
| 199 | and the telephone number of the contact person. | 
| 200 | (b)  The vendor must initially certify as part of the | 
| 201 | registration, and must certify in writing at least annually | 
| 202 | thereafter on a date set by the chief judge, that all of the | 
| 203 | electronic monitoring devices used by the vendor and any of the | 
| 204 | vendor's subcontractors comply with the requirements for | 
| 205 | privately owned electronic monitoring devices in s. 907.08. | 
| 206 | (5)  A vendor shall promptly notify the chief judge of any | 
| 207 | changes in the vendor's registration information that is | 
| 208 | required under this section. | 
| 209 | (6)  Failure to comply with the registration or | 
| 210 | recertification requirements of this section shall be grounds | 
| 211 | for removal from any chief judge's list of eligible vendors for | 
| 212 | electronic monitoring. | 
| 213 | (7)  The chief judge, in his or her discretion, may also | 
| 214 | remove any registered vendor from the list of eligible vendors | 
| 215 | should the vendor: | 
| 216 | (a)  Fail to properly monitor any person that the vendor | 
| 217 | was required to monitor. | 
| 218 | (b)  Charge a defendant a clearly excessive fee for use and | 
| 219 | monitoring of electronic monitoring equipment. Such fees shall | 
| 220 | be considered clearly excessive if the fees charged on a per | 
| 221 | diem basis are at least two times greater than the average fee | 
| 222 | charged by other vendors on the eligible vendor list who provide | 
| 223 | comparable electronic monitoring equipment and services in that | 
| 224 | judicial circuit. | 
| 225 | Section 5.  Section 907.08, Florida Statutes, is created to | 
| 226 | read: | 
| 227 | 907.08  Standards for privately owned electronic monitoring | 
| 228 | devices.--A privately owned electronic monitoring device | 
| 229 | provided by a vendor must, at a minimum, meet the standards set | 
| 230 | forth in this section to be used for electronic monitoring of a | 
| 231 | person under s. 907.06 or s. 903.135. A device must: | 
| 232 | (1)  Be a transmitter unit that meets certification | 
| 233 | standards approved by the Federal Communications Commission. | 
| 234 | (2)  At the court's discretion, either: | 
| 235 | (a)  Emit signal content 24 hours per day, which signal | 
| 236 | identifies the specific device being worn by the defendant and | 
| 237 | the defendant's physical location using Global Positioning | 
| 238 | Satellite (GPS) technology accurate to within 9 meters; or | 
| 239 | (b)  Receive signal content 24 hours per day, determining | 
| 240 | the defendant's physical location using Global Positioning | 
| 241 | Satellite (GPS) technology accurate to within 9 meters, | 
| 242 | recording the defendant's physical locations throughout the day, | 
| 243 | and capable of transmitting that record of locations to the | 
| 244 | vendor at least daily. | 
| 245 | (3)  A unit affixed to the defendant must possess an | 
| 246 | internal power source that provides a minimum of 1 year of | 
| 247 | normal operation without need for recharging or replacing the | 
| 248 | power source. The device must emit signal content that indicates | 
| 249 | the power status of the transmitter and provides the vendor with | 
| 250 | notification of whether the power source needs to be recharged | 
| 251 | or replaced. | 
| 252 | (4)  Possess and emit signal content that indicates whether | 
| 253 | the transmitter has been subjected to tampering or removal. | 
| 254 | (5)  Possess encrypted signal content or another feature | 
| 255 | designed to discourage duplication. | 
| 256 | (6)  Be of a design that is shock resistant, water and | 
| 257 | moisture proof, and capable of reliable function under normal | 
| 258 | atmospheric and environmental conditions. | 
| 259 | (7)  Be capable of wear and use in a manner that does not | 
| 260 | pose a safety hazard or unduly restrict the activities of the | 
| 261 | defendant. | 
| 262 | (8)  Be capable of being attached to the defendant in a | 
| 263 | manner that readily reveals any efforts to tamper with or remove | 
| 264 | the transmitter upon visual inspection. | 
| 265 | (9)  Use straps or other mechanisms for attaching the | 
| 266 | transmitter to the defendant that are either capable of being | 
| 267 | adjusted to fit a defendant of any size or made available in a | 
| 268 | variety of sizes. | 
| 269 | Section 6.  Section 907.09, Florida Statutes, is created to | 
| 270 | read: | 
| 271 | 907.09  Offenses related to electronic monitoring | 
| 272 | devices.-- | 
| 273 | (1)  It is illegal for any person to intentionally alter, | 
| 274 | tamper with, damage, or destroy any electronic monitoring | 
| 275 | equipment used for monitoring the location of a person pursuant | 
| 276 | to court order, unless such person is the owner of the | 
| 277 | equipment, or an agent of the owner performing ordinary | 
| 278 | maintenance and repairs. A person who violates this subsection | 
| 279 | commits a felony of the third degree, punishable as provided in | 
| 280 | s. 775.082, s. 775.083, or s. 775.084. | 
| 281 | (2)  It is illegal for any person to develop, build, | 
| 282 | create, possess, or use any device that is intended to mimic, | 
| 283 | clone, interfere with, or jam the signal of an electronic | 
| 284 | monitoring device used to monitor the location of a person | 
| 285 | pursuant to court order. A person who violates this subsection | 
| 286 | commits a felony of the second degree, punishable as provided in | 
| 287 | s. 775.082, s. 775.083, or s. 775.084. | 
| 288 | Section 7.  Subsection (3) is added to section 948.039, | 
| 289 | Florida Statutes, to read: | 
| 290 | 948.039  Special terms and conditions of probation or | 
| 291 | community control imposed by court order.--The court may | 
| 292 | determine any special terms and conditions of probation or | 
| 293 | community control. The terms and conditions should be reasonably | 
| 294 | related to the circumstances of the offense committed and | 
| 295 | appropriate for the offender. The court shall impose the special | 
| 296 | terms and conditions by oral pronouncement at sentencing and | 
| 297 | include the terms and conditions in the written sentencing | 
| 298 | order. Special terms and conditions may include, but are not | 
| 299 | limited to, requirements that the offender: | 
| 300 | (3)  Effective October 1, 2005, and applicable for violent | 
| 301 | felonies and sex-related offenses committed on or after that | 
| 302 | date, the court may order the posting of a probation bond | 
| 303 | pursuant to s. 903.135 to secure the appearance of the offender | 
| 304 | at any subsequent court proceeding. Such bond may include as a | 
| 305 | condition thereof that the offender be placed on an electronic | 
| 306 | monitoring device and subject to electronic monitoring services, | 
| 307 | in a like manner and under like conditions as in s. 907.06. The | 
| 308 | offender shall be ordered to pay the reasonable cost of the | 
| 309 | electronic monitoring service. | 
| 310 | Section 8.  Subsection (6) is added to section 948.11, | 
| 311 | Florida Statutes, to read: | 
| 312 | 948.11  Electronic monitoring devices.-- | 
| 313 | (6)  Any offender sentenced to community control or | 
| 314 | probation for a violent felony or sex-related offense, and | 
| 315 | required to submit to electronic monitoring pursuant to statute, | 
| 316 | court order, or the discretion of the Department of Corrections | 
| 317 | may be referred by the department to a vendor who has been | 
| 318 | selected through a competitive bidding process for the provision | 
| 319 | of electronic monitoring services, subject to the requirements | 
| 320 | of s. 907.07. Notwithstanding subsection (5) and s. 948.09(2), | 
| 321 | such offender shall be responsible for the cost of monitoring | 
| 322 | and shall pay the same directly to the vendor. A vendor shall | 
| 323 | report noncompliance to the assigned probation officer or | 
| 324 | community control officer pursuant to the procedures applicable | 
| 325 | to the Department of Corrections under subsection (3). If an | 
| 326 | offender fails to timely pay any cost related to electronic | 
| 327 | monitoring services to the vendor, the vendor may file an | 
| 328 | affidavit of nonpayment with the department and, upon receipt of | 
| 329 | the affidavit, the department shall proceed with a violation of | 
| 330 | the probation or community control. | 
| 331 | Section 9.  This act shall take effect October 1, 2005. |