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.