Senate Bill sb0450c1

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    Florida Senate - 2006                            CS for SB 450

    By the Committee on Criminal Justice; and Senator Wise





    591-1898-06

  1                      A bill to be entitled

  2         An act relating to electronic monitoring;

  3         amending s. 648.387, F.S.; authorizing bail

  4         bond agents to be vendors of electronic

  5         monitoring services; authorizing bail bond

  6         agents to contract with third-party vendors to

  7         provide electronic monitoring of pretrial

  8         releasees in certain circumstances; authorizing

  9         bail bond agents to register with a

10         governmental entity to provide electronic

11         monitoring services in certain circumstances;

12         authorizing such agents to collect a fee for

13         electronic monitoring services; providing that

14         failure to timely pay fees constitutes grounds

15         to remand; providing that such fees are exempt

16         from specified premium requirements; creating

17         s. 907.06, F.S.; providing for electronic

18         monitoring of certain persons on pretrial

19         release; requiring the monitored person to pay

20         fees; providing that provision of electronic

21         monitoring equipment and services is not an

22         undertaking to protect members of the public

23         from harm occasioned by a monitored person;

24         prohibiting a person being monitored from

25         tampering with monitoring equipment; creating

26         s. 907.07, F.S.; requiring the chief judge of

27         each circuit to maintain a list of licensed

28         bail bond agents who are eligible private

29         vendors for provision of electronic monitoring

30         services; requiring registration of such

31         vendors and certification of electronic

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    Florida Senate - 2006                            CS for SB 450
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 1         monitoring devices; providing grounds for

 2         removal from the list; creating s. 907.08,

 3         F.S.; providing standards for privately owned

 4         electronic monitoring devices; creating s.

 5         907.09, F.S.; providing criminal penalties for

 6         tampering with electronic monitoring devices;

 7         providing criminal penalties for cloning or

 8         jamming the signal of an electronic monitoring

 9         device; providing criminal penalties for the

10         alteration or destruction of data stored or

11         transmitted by an electronic monitoring device

12         with specified intent; creating ss. 944.161 and

13         985.4047, F.S.; providing for electronic

14         monitoring of inmates within correctional

15         facilities and juvenile offenders within

16         juvenile facilities, respectively; requiring

17         such monitoring of certain employees and

18         visitors to such facilities; providing system

19         requirements; prohibiting specified actions

20         relating to such monitoring systems and data

21         from such systems; providing penalties;

22         providing rulemaking authority; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 648.387, Florida Statutes, is

28  amended to read:

29         648.387  Primary bail bond agents; duties; electronic

30  monitoring services by licensed bail bond agents.--

31  

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    Florida Senate - 2006                            CS for SB 450
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 1         (1)  The owner or operator of a bail bond agency shall

 2  designate a primary bail bond agent for each location, and

 3  shall file with the department the name and license number of

 4  the person and the address of the location on a form approved

 5  by the department. The designation of the primary bail bond

 6  agent may be changed if the department is notified

 7  immediately. Failure to notify the department within 10

 8  working days after such change is grounds for disciplinary

 9  action pursuant to s. 648.45.

10         (2)  The primary bail bond agent is responsible for the

11  overall operation and management of a bail bond agency

12  location, whose responsibilities may include, without

13  limitations, hiring and supervising of all individuals within

14  the location, whether they deal with the public in the

15  solicitation or negotiation of bail bond contracts or in the

16  collection or accounting of moneys. A person may be designated

17  as primary bail bond agent for only one location.

18         (3)  The department may suspend or revoke the license

19  of the owner, operator, and primary bail bond agent if a bail

20  bond agency employs, contracts with, or uses the services of a

21  person who has had a license denied or whose license is

22  currently suspended or revoked. However, a person who has been

23  denied a license for failure to pass a required examination

24  may be employed to perform clerical or administrative

25  functions for which licensure is not required.

26         (4)  An owner, operator, or primary agent may not

27  employ, contract with, or use the services of any person in a

28  bail bond agency who has been charged with, found guilty of,

29  or pled guilty or nolo contendere to a felony or a crime

30  punishable by imprisonment of 1 year or more under the law of

31  

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    Florida Senate - 2006                            CS for SB 450
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 1  any jurisdiction, without regard to whether judgment was

 2  entered or withheld by the court.

 3         (5)  A bail bond agency location may not conduct surety

 4  business unless a primary bail bond agent is designated at all

 5  times. The failure to designate a primary agent on a form

 6  prescribed by the department, within 10 working days after an

 7  agency's inception or a change of primary agent, is a

 8  violation of this chapter, punishable as provided in s.

 9  648.45.

10         (6)(a)  A licensed bail bond agent who meets the

11  requirements of s. 907.07 may be a vendor of electronic

12  monitoring services. A licensed bail bond agent may also

13  subcontract for such services with a third-party vendor of the

14  bail bond agent's choice provided the licensed bail bond agent

15  can certify that the equipment and services rendered by such

16  third-party vendor on the bail bond agent's behalf meet the

17  requirements of s. 907.07 for monitoring of a defendant for

18  whom the bail bond agent has provided a criminal surety bail

19  bond. A licensed bail bond agent who meets the requirements of

20  s. 907.07 may additionally register with a governmental entity

21  to provide electronic monitoring services when monitoring has

22  been ordered by a court.

23         (b)  A licensed bail bond agent may charge a

24  reasonable, nonrefundable fee for electronic monitoring

25  services from a person who is subject to electronic

26  monitoring. Failure to timely pay such fees constitutes

27  grounds for the agent to remand such person to the court or

28  sheriff. Fees charged by a bail bond agent associated with

29  required electronic monitoring services are not considered

30  part of the bail bond premium and are exempt from the

31  provisions of s. 648.33.

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 1         (c)  Records and receipts for electronic monitoring

 2  provided by a licensed bail bond agent shall be kept separate

 3  and apart from bail bond records.

 4         Section 2.  Section 907.06, Florida Statutes, is

 5  created to read:

 6         907.06  Electronic monitoring.--

 7         (1)  The court may order a defendant who has been

 8  charged with a forcible felony, as defined in s. 776.08, or a

 9  sex-related offense, or who has been charged with any crime

10  and who has been previously convicted of a forcible felony or

11  a sex-related offense, to be released from custody on a surety

12  bond subject to conditions that include, without limitation,

13  electronic monitoring, if electronic monitoring is available

14  in the jurisdiction. For purposes of this section, the term

15  "sex-related offense" includes any of the offenses contained

16  in s. 943.0435(1)(a)1.

17         (2)  A defendant required to submit to electronic

18  monitoring shall pay a reasonable fee for equipment use and

19  monitoring as an additional condition of pretrial release. The

20  failure of the defendant to timely pay such fees constitutes a

21  violation of pretrial release and grounds for the defendant to

22  be remanded to the court or appropriate sheriff or law

23  enforcement agency.

24         (3)  Electronic monitoring shall include the provision

25  of services to continuously receive and monitor the electronic

26  signals from the transmitter worn by the defendant so as to be

27  capable of identifying the defendant's geographic position at

28  any time to within 9 meters using Global Positioning Satellite

29  (GPS) technology, subject to the limitations related to the

30  technology and to circumstances of force majeure. Such

31  electronic monitoring services may be undertaken as a primary

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    Florida Senate - 2006                            CS for SB 450
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 1  responsibility by a governmental entity or by a licensed bail

 2  bond agent who may provide both bail bond services and have

 3  primary responsibility or oversight for electronic monitoring

 4  services. A governmental entity or licensed bail bond agent

 5  may subcontract to a third-party vendor for electronic

 6  monitoring services, provided such third-party vendor complies

 7  with all provisions of this subsection and s. 907.08 and

 8  operates under the direction and control of the governmental

 9  entity or licensed bail bond agent with primary responsibility

10  as the vendor for electronic monitoring. A governmental entity

11  that elects to subcontract for electronic monitoring services

12  shall be required to select such third-party vendor through a

13  competitive bidding process.

14         (4)(a)  Any person who provides electronic monitoring

15  services shall report forthwith any known violation of the

16  defendant's pretrial release conditions to the appropriate

17  court, sheriff or law enforcement agency, state attorney, and

18  licensed bail bond agent, if any.

19         (b)1.  Notwithstanding paragraph (a), the provision of

20  electronic monitoring services shall not be deemed to

21  constitute an undertaking to protect members of the public

22  from harm occasioned by a monitored person. The sole duty owed

23  by a person who provides electronic monitoring is to give a

24  law enforcement officer, upon request, an indication of the

25  physical location of the monitored person at any point in

26  time.

27         2.  A person who provides electronic monitoring is not

28  responsible to other persons for equipment failure or for the

29  criminal acts of a monitored person. A provider of electronic

30  monitoring services cannot control the activities of a

31  monitored person. It is unreasonable for any member of the

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    Florida Senate - 2006                            CS for SB 450
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 1  public to expect that a provider of electronic monitoring

 2  services will provide protection against harm occasioned by a

 3  monitored person.

 4         (5)  A defendant who has been released in accordance

 5  with this section shall not alter, tamper with, damage, or

 6  destroy any electronic monitoring equipment or data recorded

 7  by such equipment. A defendant who is notified of a

 8  malfunction in the equipment shall immediately cooperate with

 9  the vendor in restoring the equipment to proper functioning. A

10  violation of this subsection constitutes a violation of

11  pretrial release and grounds for the defendant to be remanded

12  to the court or appropriate sheriff or law enforcement agency.

13         Section 3.  Section 907.07, Florida Statutes, is

14  created to read:

15         907.07  Vendor requirements for provision of electronic

16  monitoring services; vendor registration and certification

17  process.--

18         (1)  This section shall not apply to electronic

19  monitoring provided directly by the state, a county, or a

20  sheriff.

21         (2)  The chief judge of each judicial circuit shall

22  maintain a list of all licensed bail bond agents who are

23  eligible vendors of electronic monitoring in the circuit. For

24  a licensed bail bond agent to be an eligible vendor, a

25  licensed bail bond agent must register in accordance with this

26  section as a vendor capable of providing electronic monitoring

27  services as a primary provider or through a subcontractor in

28  that judicial circuit. The chief judge shall place on such

29  list of eligible vendors any licensed bail bond agent in this

30  state who certifies in writing, as part of the vendor

31  registration, that all electronic monitoring equipment and

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 1  electronic monitoring services shall be operated and

 2  maintained in compliance with this section, and who agrees as

 3  part of such certification to comply with the terms of this

 4  section.

 5         (3)  Only a governmental entity, or a licensed bail

 6  bond agent who is included on a list of eligible vendors under

 7  subsection (2), shall be permitted to undertake primary

 8  responsibility as a vendor of electronic monitoring services

 9  in a judicial circuit of this state.

10         (4)  A licensed bail bond agent shall agree to abide by

11  the following minimum terms as a condition of being included

12  on the list of eligible vendors of electronic monitoring in a

13  given judicial circuit of this state:

14         (a)  The vendor shall register in writing the name of

15  the vendor, who must be a licensed bail bond agent in this

16  state; the name of an individual employed by the vendor who is

17  to serve as a contact person for the vendor; the address of

18  the vendor; and the telephone number of the contact person.

19         (b)  The vendor must initially certify as part of the

20  registration, and must certify in writing at least annually

21  thereafter on a date set by the chief judge, that all of the

22  electronic monitoring devices used by the vendor and any of

23  the vendor's subcontractors comply with the requirements for

24  privately owned electronic monitoring devices in s. 907.08.

25         (5)  A vendor shall promptly notify the chief judge of

26  any changes in the vendor's registration information that is

27  required under this section.

28         (6)  Failure to comply with the registration or

29  recertification requirements of this section shall be grounds

30  for removal from any chief judge's list of eligible vendors

31  for electronic monitoring.

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 1         (7)  The chief judge, in his or her discretion, may

 2  also remove any registered vendor from the list of eligible

 3  vendors if the vendor:

 4         (a)  Fails to properly monitor any person that the

 5  vendor was required to monitor; or

 6         (b)  Charges a defendant a clearly excessive fee for

 7  use and monitoring of electronic monitoring equipment. Such

 8  fees shall be considered clearly excessive if the fees charged

 9  on a per diem basis are at least twice the average fee charged

10  by other vendors on the eligible vendor list who provide

11  comparable electronic monitoring equipment and services in

12  that judicial circuit.

13         Section 4.  Section 907.08, Florida Statutes, is

14  created to read:

15         907.08  Standards for privately owned electronic

16  monitoring devices.--A privately owned electronic monitoring

17  device provided by a vendor must, at a minimum, meet the

18  standards set forth in this section to be used for electronic

19  monitoring of a person under s. 907.06. A device must:

20         (1)  Be a transmitter unit that meets certification

21  standards approved by the Federal Communications Commission.

22         (2)  At the court's discretion, either:

23         (a)  Emit signal content 24 hours per day that

24  identifies the specific device being worn by the defendant and

25  the defendant's physical location using Global Positioning

26  Satellite (GPS) technology accurate to within 9 meters; or

27         (b)  Receive signal content 24 hours per day,

28  determining the defendant's physical location using Global

29  Positioning Satellite (GPS) technology accurate to within 9

30  meters, recording the defendant's physical locations

31  

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    Florida Senate - 2006                            CS for SB 450
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 1  throughout the day, and being capable of transmitting that

 2  record of locations to the vendor at least daily.

 3         (3)  With respect to a unit affixed to a defendant,

 4  possess an internal power source that provides a minimum of 1

 5  year of normal operation without recharging or replacing the

 6  power source. The device must emit signal content that

 7  indicates its power status and provides the vendor with

 8  notification of whether the power source needs to be recharged

 9  or replaced.

10         (4)  Possess and emit signal content that indicates

11  whether the transmitter has been subjected to tampering or

12  removal.

13         (5)  Possess encrypted signal content or another

14  feature designed to discourage duplication.

15         (6)  Be of a design that is shock resistant,

16  waterproof, and capable of reliable function under normal

17  atmospheric and environmental conditions.

18         (7)  Be capable of wear and use in a manner that does

19  not pose a safety hazard or unduly restrict the activities of

20  the defendant.

21         (8)  Be capable of being attached to the defendant in a

22  manner that readily reveals any efforts to tamper with or

23  remove the transmitter upon visual inspection.

24         (9)  Use straps or other mechanisms for attaching the

25  transmitter to the defendant that are either capable of being

26  adjusted to fit a defendant of any size or that are made

27  available in a variety of sizes.

28         Section 5.  Section 907.09, Florida Statutes, is

29  created to read:

30         907.09  Offenses related to electronic monitoring

31  devices.--

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 1         (1)  It is illegal for any person to intentionally

 2  alter, tamper with, damage, or destroy any electronic

 3  monitoring equipment used for monitoring the location of a

 4  person pursuant to court order, unless such person is the

 5  owner of the equipment or an agent of the owner performing

 6  ordinary maintenance and repairs. A person who violates this

 7  subsection commits a felony of the third degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084.

 9         (2)  It is illegal for any person to develop, build,

10  create, possess, or use any device that is intended to mimic,

11  clone, interfere with, or jam the signal of an electronic

12  monitoring device used to monitor the location of a person

13  pursuant to court order. A person who violates this subsection

14  commits a felony of the third degree, punishable as provided

15  in s. 775.082, s. 775.083, or s. 775.084.

16         (3)  A person may not intentionally alter, tamper with,

17  damage, or destroy any data stored or transmitted by any

18  electronic monitoring equipment used for monitoring the

19  location of a person pursuant to court order with the intent

20  to violate such court order or to conceal such a violation. A

21  person who violates this subsection commits a felony of the

22  third degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         Section 6.  Section 944.161, Florida Statutes, is

25  created to read:

26         944.161  Electronic monitoring of inmates within

27  correctional facilities.--

28         (1)  The department is authorized and encouraged to

29  employ electronic monitoring of inmates within its custody who

30  are incarcerated within state and private correctional

31  facilities.

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 1         (a)  Electronic monitoring services must have the

 2  capability to continuously receive and monitor electronic

 3  signals from a transmitter worn by an inmate so as to

 4  continuously monitor the inmate in real time and identify the

 5  inmate's specific geographic position within the facility at

 6  any time. Such transmitters must update in at least 5-second

 7  intervals and monitor the inmate's geographical location to

 8  within at least a 10-foot radius of his or her actual location

 9  or to within a radius that is equal to the width of a

10  facility's average size sleeping quarters, whichever is less,

11  subject to the limitations relating to the state of the art of

12  the technology used and to circumstances of force majeure.

13         (b)  Any electronic monitoring system employed shall

14  also provide transmitters to be worn by department employees,

15  employees of private-sector companies contracted to operate

16  correctional facilities, and any visitors to correctional

17  facilities who are provided access to areas that are

18  designated for authorized personnel only. Such transmitters

19  shall include a panic safety button and must have the

20  capability to continuously receive and monitor electronic

21  signals from a transmitter worn by an employee or visitor so

22  as to continuously monitor employees and visitors in real time

23  and identify their specific geographic positions at any time.

24  Such transmitters must update in at least 5-second intervals

25  and monitor employees and visitors to within a 10-foot radius

26  of their actual location, subject to the limitations relating

27  to the state of the art of the technology used and to

28  circumstances of force majeure.

29         (c)  Any electronic monitoring system employed shall

30  also have the following technological and functional

31  capabilities:

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 1         1.  Be compatible with a commercially recognized

 2  wireless network access standard as designated by the

 3  department and have sufficient bandwidth to support additional

 4  wireless networking devices in order to increase the capacity

 5  for usage of the system by the correctional facility.

 6         2.  Be capable of issuing an alarm to an internal

 7  correctional monitoring station within 3 seconds after

 8  receiving a panic alert from an employee or visitor

 9  transmitter or within 3 seconds after violation of the

10  established parameters for permissible movement of inmates,

11  employees, and visitors within the facility.

12         3.a.  Be capable of maintaining a historical storage

13  capacity sufficient to store up to 6 months of complete

14  inmate, employee, and visitor tracking for purposes of

15  follow-up investigations and vendor contract auditing. The

16  system must be capable of recording for such purposes the

17  continuous uninterrupted movement of all monitored

18  individuals, including those in close proximity to any

19  selected individual, by specific position, not by area or

20  zone. Such historical information must also be capable of

21  being archived by means of electronic data transfer to a

22  permanent storage medium designated as acceptable by the

23  department.

24         b.  In addition, data collected from each facility each

25  day shall be electronically transmitted to an offsite central

26  clearinghouse designated by the department where the data

27  shall be maintained in a secure storage location in a

28  permanent storage medium designated as acceptable by the

29  department as a supplemental backup in order to protect the

30  archived data from alteration and to prevent loss due to

31  disaster or other cause.

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 1         4.  With respect to a unit affixed to an inmate, be

 2  capable of possessing an internal power source that is field

 3  rechargeable or that provides a minimum of 1 year of normal

 4  operation without need for recharging or replacing the power

 5  source. Batteries used in units must be replaceable by

 6  correctional employees. The device must emit signal content

 7  that indicates the power status of the transmitter and

 8  provides the correctional facility monitoring station with

 9  notification of whether the power source needs to be recharged

10  or replaced.

11         5.  Possess and emit signal content that indicates

12  whether the transmitter has been subjected to tampering or

13  removal.

14         6.  Possess encrypted signal content or another feature

15  designed to discourage duplication.

16         7.  Be of a design that is shock resistant, waterproof,

17  and capable of reliable function under normal atmospheric and

18  environmental conditions.

19         8.  Be capable of wear and use in a manner that does

20  not pose a safety hazard or unduly restrict the activities of

21  the inmate.

22         9.  Be capable of being attached to the inmate in a

23  manner that readily reveals any efforts to tamper with or

24  remove the transmitter upon visual inspection.

25         10.  Either posses straps or other mechanisms for

26  attaching the transmitter to the inmate which are capable of

27  being adjusted to fit an inmate of any size or must be made

28  available in a variety of sizes.

29         11.  Be designed and constructed in such a way as to

30  resist tampering with or removal by the inmate.

31  

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 1         12.  Provide a backup power source in the event of a

 2  power failure.

 3         (2)  A person may not intentionally alter, tamper with,

 4  damage, or destroy any electronic monitoring equipment used to

 5  monitor the location of a person within a correctional

 6  facility, unless the person is the owner of the equipment or

 7  an agent of the owner performing ordinary maintenance and

 8  repairs. A person who violates this subsection commits a

 9  felony of the third degree, punishable as provided in s.

10  775.082, s. 775.083, or s. 775.084.

11         (3)  A person may not develop, build, create, possess,

12  or use any device that is intended to mimic, clone, interfere

13  with, or jam the signal of an electronic monitoring device

14  used to monitor the location of a person within a correctional

15  facility. A person who violates this subsection commits a

16  felony of the third degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         (4)  A person may not intentionally alter, tamper with,

19  damage, or destroy any data stored pursuant to subparagraph

20  (1)(c)3. unless done so with written permission from an

21  authorized official of the department or in compliance with a

22  data-retention policy of the department adopted by rule. A

23  person who violates this subsection commits a felony of the

24  third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         (5)  The department is authorized to adopt rules

27  pursuant to ss. 120.536(1) and 120.54 to implement the

28  provisions of this section.

29         Section 7.  Section 985.4047, Florida Statutes, is

30  created to read:

31  

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 1         985.4047  Electronic monitoring of juvenile offenders

 2  within juvenile facilities.--

 3         (1)  The department is authorized and encouraged to

 4  employ electronic monitoring of juvenile offenders within its

 5  custody who are incarcerated within state and private juvenile

 6  offender facilities for the purpose or reducing offender on

 7  offender violence and reducing employee sexual misconduct as

 8  defined in s. 985.4045.

 9         (a)  Electronic monitoring services must have the

10  capability to continuously receive and monitor electronic

11  signals from a transmitter worn by a juvenile offender so as

12  to continuously monitor an offender in real time and identify

13  at any time the offender's specific geographic position within

14  the facility. Such transmitters must update in at least

15  5-second intervals and monitor the offender's geographical

16  location to within at least a 10-foot radius of his or her

17  actual location or to within a radius that is equal to the

18  width of a facility's average size sleeping quarters,

19  whichever is less, subject to the limitations relating to the

20  state of the art of the technology used and to circumstances

21  of force majeure.

22         (b)  Any electronic monitoring system employed shall

23  also provide transmitters to be worn by department employees,

24  employees of private-sector companies contracted to operate

25  juvenile facilities, and any visitors to juvenile facilities

26  who are provided access to areas that are designated for

27  authorized personnel only. Such transmitters shall include a

28  panic button and must have the capability to continuously

29  receive and monitor electronic signals from a transmitter worn

30  by an employee or visitor so as to continuously monitor

31  employees and visitors in real time and identify their

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 1  specific geographic positions at any time. Such transmitters

 2  must update in at least 5-second intervals and monitor

 3  employees and visitors to within a 10-foot radius of their

 4  actual location, subject to the limitations relating to the

 5  state of the art of the technology used and to circumstances

 6  of force majeure.

 7         (c)  Any electronic monitoring system employed shall

 8  also:

 9         1.  Be compatible with a commercially recognized

10  wireless network access standard as designated by the

11  department and have sufficient bandwidth to support additional

12  wireless networking devices in order to increase the capacity

13  for usage of the system by the facility.

14         2.  Be capable of issuing an alarm to an internal

15  facility monitoring station within 3 seconds after receiving a

16  panic alert from an employee or visitor transmitter or within

17  3 seconds after violation of the established parameters for

18  permissible movement of offenders, employees, and visitors

19  within the facility.

20         3.a.  Be capable of maintaining a historical storage

21  capacity sufficient to store up to 6 months of complete

22  offender, employee, and visitor tracking for purposes of

23  follow-up investigations and vendor contract auditing. The

24  system must be capable of recording for such purposes the

25  continuous uninterrupted movement of all monitored

26  individuals, including those in close proximity to any

27  selected individual, by specific position, not by area or

28  zone. Such historical information must also be capable of

29  being archived by means of electronic data transfer to a

30  permanent storage medium designated as acceptable by the

31  department.

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    Florida Senate - 2006                            CS for SB 450
    591-1898-06




 1         b.  In addition, data collected from each facility each

 2  day shall be electronically transmitted to an offsite central

 3  clearinghouse designated by the department where the data

 4  shall be maintained in a secure storage location in a

 5  permanent storage medium designated as acceptable by the

 6  department as a supplemental backup in order to protect the

 7  archived data from alteration and to prevent loss due to

 8  disaster or other cause.

 9         4.  With respect to a unit affixed to an offender, be

10  capable of possessing an internal power source that is field

11  rechargeable or that provides a minimum of 1 year of normal

12  operation without need for recharging or replacing the power

13  source and batteries must be replaceable by facility

14  employees. The device must emit signal content that indicates

15  the power status of the transmitter and provides the facility

16  monitoring station with notification of whether the power

17  source needs to be recharged or replaced.

18         5.  Possess and emit signal content that indicates

19  whether the transmitter has been subjected to tampering or

20  removal.

21         6.  Possess encrypted signal content or another feature

22  designed to discourage duplication.

23         7.  Be of a design that is shock resistant, waterproof,

24  and capable of reliable function under normal atmospheric and

25  environmental conditions.

26         8.  Be capable of wear and use in a manner that does

27  not pose a safety hazard or unduly restrict the activities of

28  the offender.

29         9.  Be capable of being attached to the offender in a

30  manner that readily reveals any efforts to tamper with or

31  remove the transmitter upon visual inspection.

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    Florida Senate - 2006                            CS for SB 450
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 1         10.  Either possess straps or other mechanisms for

 2  attaching the transmitter to the offender which are capable of

 3  being adjusted to fit an offender of any size or must be made

 4  available in a variety of sizes.

 5         11.  Be designed and constructed in such a way as to

 6  resist tampering with or removal by the offender.

 7         12.  Provide a backup power source in the event of a

 8  power failure.

 9         (2)  A person may not intentionally alter, tamper with,

10  damage, or destroy any electronic monitoring equipment used to

11  monitor the location of a person within a juvenile facility,

12  unless the person is the owner of the equipment or an agent of

13  the owner performing ordinary maintenance and repairs. A

14  person who violates this subsection commits a felony of the

15  third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         (3)  A person may not develop, build, create, possess,

18  or use any device that is intended to mimic, clone, interfere

19  with, or jam the signal of an electronic monitoring device

20  used to monitor the location of a person within a juvenile

21  facility. A person who violates this subsection commits a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24         (4)  A person may not intentionally alter, tamper with,

25  damage, or destroy any data stored pursuant to subparagraph

26  (1)(c)3. unless done so with written permission from an

27  authorized official of the department or in compliance with a

28  data-retention policy of the department adopted by rule. A

29  person who violates this subsection commits a felony of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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    Florida Senate - 2006                            CS for SB 450
    591-1898-06




 1         (5)  The department is authorized to adopt rules

 2  pursuant to ss. 120.536(1) and 120.54 to implement the

 3  provisions of this section.

 4         Section 8.  This act shall take effect October 1, 2006.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 450

 8                                 

 9  -    Removes provisions creating probation appearance bonds to
         secure a defendants's appearance in future court
10       proceedings.

11  -    Changes offenses which bail bond agents could provide
         electronic monitoring for from "violent felonies" to
12       "forcible felonies."

13  -    Deletes requirement that violations of pre-trial release
         be reported by vendors to the appropriate authorities
14       within one hour of the offense.

15  -    Removes requirement that electronic monitoring vendors
         pay an annual $300 fee to the court administrator.
16  
    -    Deletes language which would have permitted the
17       Department of Corrections to refer certain offenders
         sentenced to probation or community control to bail bond
18       agents for electronic monitoring.

19  -    Adds a new Section 6 which authorizes and encourages the
         Department of Corrections to electronically monitor
20       inmates, employees, and some visitors in state and
         private correctional facilities. Sets forth
21       specifications for this equipment and provides third
         degree felony penalties for damaging or tampering with
22       this equipment or its stored data.

23  -    Adds a new Section 7 which authorizes and encourages the
         Department of Juvenile Justice to electronically monitor
24       juveniles in its facilities. Establishes specifications
         for that equipment and provides third degree felonies for
25       damaging or tampering with the equipment or its stored
         data.
26  

27  

28  

29  

30  

31  

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