Florida Senate - 2015                             CS for SB 1286
       
       
        
       By the Committee on Criminal Justice; and Senator Simmons
       
       
       
       
       
       591-02095-15                                          20151286c1
    1                        A bill to be entitled                      
    2         An act relating to electronic monitoring devices;
    3         creating s. 843.23, F.S.; providing a definition;
    4         prohibiting the removal, destruction, or circumvention
    5         of the operation of an electronic monitoring device
    6         being used by a person for specified purposes;
    7         prohibiting requesting or soliciting a person to
    8         perform such an act; providing criminal penalties;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 843.23, Florida Statutes, is created to
   14  read:
   15         843.23 Tampering with an electronic monitoring device.—
   16         (1) For the purpose of this section, the term “electronic
   17  monitoring device” includes any device that is used to track the
   18  location of a person.
   19         (2) It shall be unlawful for a person to knowingly and
   20  without authority:
   21         (a) Remove, destroy, or circumvent the operation of an
   22  electronic monitoring device that is being used for the purpose
   23  of monitoring a person who is:
   24         1. Complying with a home arrest program;
   25         2. Wearing an electronic monitoring device as a condition
   26  of bond or pretrial release;
   27         3. Wearing an electronic device as a result of a court
   28  order for a protective injunction issued for domestic violence
   29  as defined by s. 741.30; repeat violence, sexual violence, or
   30  dating violence, as defined by s. 784.046; or a stalking
   31  injunction as defined by s. 784.048; or
   32         4. On county probation.
   33         (b) Request or solicit any other person to remove, destroy,
   34  or circumvent the operation of an electronic monitoring device
   35  being used for a purpose described in paragraph (a).
   36         (3) A person who violates this section commits a felony of
   37  the third degree, punishable as provided in s. 775.082, s.
   38  775.083, or s. 775.084.
   39         Section 2. This act shall take effect October 1, 2015.