Bill Text: FL S0954 | 2016 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electronic Monitoring Devices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 75 (Ch. 2016-15) [S0954 Detail]
Download: Florida-2016-S0954-Comm_Sub.html
Bill Title: Electronic Monitoring Devices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 75 (Ch. 2016-15) [S0954 Detail]
Download: Florida-2016-S0954-Comm_Sub.html
Florida Senate - 2016 CS for SB 954 By the Committee on Criminal Justice; and Senator Simmons 591-02540-16 2016954c1 1 A bill to be entitled 2 An act relating to electronic monitoring devices; 3 creating s. 843.23, F.S.; defining the term 4 “electronic monitoring device”; prohibiting a person 5 from removing, destroying, altering, tampering with, 6 damaging, or circumventing the operation of an 7 electronic monitoring device being worn or used 8 pursuant to any court order or an order by the Florida 9 Commission on Offender Review; prohibiting the 10 request, authorization, or solicitation of a person to 11 perform such an act; providing criminal penalties; 12 amending s. 948.11, F.S.; specifying that the 13 Department of Corrections may electronically monitor 14 an offender sentenced to community control when the 15 court has imposed electronic monitoring as a condition 16 of community control; deleting a provision imposing 17 criminal penalties on persons who intentionally alter, 18 tamper with, damage, or destroy electronic monitoring 19 equipment; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 843.23, Florida Statutes, is created to 24 read: 25 843.23 Tampering with an electronic monitoring device.— 26 (1) As used in this section, the term “electronic 27 monitoring device” includes any device that is used to track the 28 location of a person. 29 (2) It is unlawful for a person to intentionally and 30 without authority: 31 (a) Remove, destroy, alter, tamper with, damage, or circumvent 32 the operation of an electronic monitoring device that must be 33 worn or used by that person or another person pursuant to a 34 court order or pursuant to an order by the Florida Commission on 35 Offender Review; or 36 (b) Request, authorize, or solicit a person to remove, 37 destroy, alter, tamper with, damage, or circumvent the operation 38 of an electronic monitoring device required to be worn or used 39 pursuant to a court order or pursuant to an order by the Florida 40 Commission on Offender Review. 41 (3) A person who violates this section commits a felony of 42 the third degree, punishable as provided in s. 775.082, s. 43 775.083, or s. 775.084. 44 Section 2. Subsections (1) and (7) of section 948.11, 45 Florida Statutes, are amended to read: 46 948.11 Electronic monitoring devices.— 47 (1) The Department of Corrections may, at its discretion,48 electronically monitor an offender sentenced to community 49 control when the court has imposed electronic monitoring as a 50 condition of community control. 51(7) A person who intentionally alters, tampers with,52damages, or destroys any electronic monitoring equipment53pursuant to court or commission order, unless such person is the54owner of the equipment, or an agent of the owner, performing55ordinary maintenance and repairs, commits a felony of the third56degree, punishable as provided in s. 775.082, s. 775.083, or s.57775.084.58 Section 3. This act shall take effect October 1, 2016.