The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 496
INTRODUCER: Senator Burgess
SUBJECT: Electronic Monitoring of Persons Charged with or Convicted of Offenses Involving
Schools or Students
DATE: March 24, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Pre-meeting
2. JU
3. RC
I. Summary:
SB 496 creates s. 903.0472, F.S., authorizing electronic monitoring and location restrictions as
conditions of pretrial release of persons charged with certain offenses against schools or students.
The bill creates s. 948.301, F.S., authorizing courts to order electronic monitoring and location
restrictions for offenders who commit certain offenses against schools or students.
The bill is effective October 1, 2023.
II. Present Situation:
Use of Electronic Monitoring in Florida’s Criminal Justice System
There are several stages of the criminal justice system in which a court or another authorized
entity may order a person to wear an electronic monitoring device. An electronic monitoring
device (EM) is a tamper-resistant device worn on the body that monitors the location of a person
at all times of the day. The monitoring agency is notified for various violations of the terms of
supervision, such as if the person travels to a location he or she is not authorized to be or if the
device is removed. Electronic monitoring systems can be either “passive” or “active” and are
typically operated through ratio frequency or global positioning system (GPS) monitoring.
1
Some of the instances where a person may be placed on an EM include:
1
Office of Juvenile Justice and Delinquency Prevention, Home Confinement and Electronic Monitoring, October 2014,
available at https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/home_confinement_em.pdf (last visited
March 22, 2023).
REVISED: BILL: SB 496 Page 2
• A court order allowing the release from custody to a pretrial release program while the
defendant awaits trial.
2
• A judge placing an offender on probation
3
or community control
4
in lieu of or in addition to
incarceration.
5
• Supervision by the Florida Commission on Offender Review.
6
Section 843.23, F.S., makes it a third-degree felony
7
to tamper with an EM, which includes any
device that is used to track the location of a person. Tampering in violation of this section
includes when a person intentionally and without authority:
• Removes, destroys, alters, tampers with, damages, or circumvents the operation of an
electronic monitoring device that must be worn or used by that person or another person
pursuant to a specified order; or
• Requests, authorizes, or solicits a person to remove, destroy, alter, tamper with, damage, or
circumvent the operation of an electronic monitoring device.
Electronic Monitoring
The Department of Corrections (DOC) must electronically monitor an offender sentenced to
community control when the court has imposed such condition.
8
Any offender placed under
supervision who violates the terms and conditions of supervision and is restored to supervision
may be supervised by means of an electronic monitoring device or system if ordered by the
court.
9
Electronic monitoring is a condition of a court or commission order for probationers, community
controllees, or conditional releasees who have current or prior convictions for violent or sexual
offenses. A system that actively monitors and identifies the offender’s locations and timely
reports or records the offender’s presence near or within a crime scene or in a prohibited area or
the offender’s departure from specified geographic limitations must be used.
10
2
Office of Program Policy Analysis & Gov’t Accountability, County Pretrial Release Programs: Calendar Year 2017, Report
No. 18-06, at 1, 2, and 8-9, November 2018, available at https://oppaga.fl.gov/Documents/Reports/18-06.pdf (last visited
March 22, 2023); See also s. 907.041, F.S., which provides a presumption in favor of release on nonmonetary conditions for
any person who is granted pretrial release unless such person is charged with an enumerated dangerous crime.
3
Section 948.001(8), F.S. Probation is a form of community supervision requiring specified contacts with probation officers
and other conditions a court may impose. Standard conditions of probation are enumerated in s. 948.03, F.S., and are not
required to be announced on the record, but the court must orally pronounce, as well as provide in writing, any special
conditions of probation imposed.
4
Section 948.001(3), F.S., defines “community control” as a form of intensive, supervised custody in the community,
including surveillance on weekends and holidays, administered by officers with restricted caseloads. Section 948.10(2), F.S.,
provides that caseloads must be no more than 30 cases per officer.
5
Sections 948.01 and 948.11, F.S. The DOC supervises more than 146,000 offenders on active community supervision. This
includes offenders released from prison on parole, conditional release, or conditional medical release and offenders placed on
court-ordered supervision including probation, drug offender probation, sex offender probation, and community control.
DOC, Introduction to Community Corrections, available at http://www.dc.state.fl.us/cc/index.html (last visited March 22,
2023).
6
Section 947.1405(7), (8), and (10), F.S.
7
A third-degree felony is punishable by up to 5 years of incarceration and a fine of up to $5,000. Sections 775.082 and
775.083, F.S.
8
Section 948.11(1), F.S.
9
Section 948.11(2), F.S.
10
Section 948.11(6), F.S. BILL: SB 496 Page 3
Any person who intentionally alters, tampers with, damages, or destroys any electronic
monitoring equipment pursuant to court or commission order, commits a third degree felony.
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Probation
The Office of Community Corrections currently supervises more than 146,000 offenders
throughout Florida. These adult offenders are monitored and supervised by probation officers
located in 130 probation offices. This includes offenders released from prison on parole,
conditional release, or conditional medical release. It also includes offenders placed on court
ordered supervision including regular probation, administrative probation, drug offender
probation, sex offender probation, and community control.
12
III. Effect of Proposed Changes:
This bill creates s. 903.0472, F.S., authorizing electronic monitoring and location restrictions as
conditions of pretrial release of persons charged with certain offenses against schools or students.
Specifically, a defendant charged with the following offenses committed against schools and
students, in addition to the requirements of s. 903.047, F.S.,
13
as a condition of pretrial release,
whether such release is by surety bail bond or recognizance bond or in some other form, may be
required to be electronically monitored as a condition of pretrial release and prohibited from
being within 1,000 feet of any public or private school:
• Possessing or discharging weapons or firearms at a school-sponsored event or on school
property prohibited;
14
• Making, possessing, throwing, projecting, placing, or discharging any destructive device or
attempt so to do;
15
• Unlawful throwing, projecting, or discharging of destructive device or bomb that results in
injury to another;
16
• Threat to throw, project, place, or discharge any destructive device;
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• False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or
concerning the use of firearms in a violent manner;
18
• False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or
committing arson against, state-owned property, or concerning the use of firearms in a
violent manner;
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• Planting of “hoax bomb” prohibited;
20
11
Section 843.23, F.S.
12
Florida Department of Corrections, Probation, available at http://www.dc.state.fl.us/cc/index.html (last visited March 22,
2023).
13
Section 903.047(1)(a)-(c), F.S., provides that as a condition of pretrial release, whether such release is by surety bail bond
or recognizance bond or in some other form, the defendant must refrain from criminal activity of any kind; refrain from any
contact of any type with the victim if so ordered by the court; and comply with all conditions of pretrial release.
14
Section 790.115, F.S.
15
Section 790.161, F.S.
16
Section 790.1615, F.S.
17
Section 790.162, F.S.
18
Section 790.163, F.S.
19
Section 790.164, F.S.
20
Section 790.165, F.S. BILL: SB 496 Page 4
• Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a
weapon of mass destruction or hoax weapon of mass destruction;
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• Trespass on school property with firearm or other weapon;
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• Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of
terrorism.
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The bill creates s. 948.301, F.S., authorizing courts to order electronic monitoring and location
restrictions for offenders who commit certain offenses against schools or students if his or her
crime was committed on or after October 1, 2023. The court may, in addition to all other
standard and special conditions imposed, require mandatory electronic monitoring and prohibit
the probationer or controllee from being within 1,000 feet of any public or private school
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as a
condition of probation or community control supervision for a violation of the following offenses
committed against a public or private school or a student in such a school:
• Possessing or discharging weapons or firearms at a school-sponsored event or on school
property prohibited;
25
• Making, possessing, throwing, projecting, placing, or discharging any destructive device or
attempt so to do;
26
• Unlawful throwing, projecting, or discharging of destructive device or bomb that results in
injury to another;
27
• Threat to throw, project, place, or discharge any destructive device;
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• False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or
concerning the use of firearms in a violent manner;
29
• False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or
committing arson against, state-owned property, or concerning the use of firearms in a
violent manner;
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• Planting of “hoax bomb” prohibited;
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• Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a
weapon of mass destruction or hoax weapon of mass destruction;
32
• Trespass on school property with firearm or other weapon;
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• Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of
terrorism.
34
21
Section 790.166, F.S.
22
Section 810.095, F.S.
23
Section 836.10, F.S.
24
Section 1003.01(2), F.S., defines “School” as an organization of students for instructional purposes on an elementary,
middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board
of Education.
25
Section 790.115, F.S.
26
Section 790.161, F.S.
27
Section 790.1615, F.S.
28
Section 790.162, F.S.
29
Section 790.163, F.S.
30
Section 790.164, F.S.
31
Section 790.165, F.S.
32
Section 790.166, F.S.
33
Section 810.095, F.S.
34
Section 836.10, F.S. BILL: SB 496 Page 5
This bill is effective October 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 903.0472 and 948.301. BILL: SB 496 Page 6
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.