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 Appropriations Committee on Criminal and Civil Justice
BILL: CS/SB 496
INTRODUCER: Criminal Justice Committee and Senator Burgess
SUBJECT: Electronic Monitoring of Persons Charged with or Convicted of Offenses Involving
Schools or Students
DATE: April 11, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Atchley Harkness ACJ Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 496 amends s. 903.041, F.S., authorizing electronic monitoring and location restrictions
as conditions of pretrial release of persons charged with certain offenses against schools or
students. The court must consider whether conditions of electronic monitoring and a prohibition
of being within 1,000 of any school are appropriate conditions of pretrial release, when a
defendant is charged with any of the certain offenses if such offense is against a school or a
student.
The bill creates s. 948.301, F.S., authorizing electronic monitoring and location restrictions for
probationers or community controllees who commit certain offenses against schools or students.
The bill provides the court must consider whether or not to require electronic monitoring or
prohibit the probationer or community controllee from being within 1,000 feet of any school.
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
REVISED: BILL: CS/SB 496 Page 2
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:
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
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).
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. BILL: CS/SB 496 Page 3
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
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.
11
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 amends s. 903.041, F.S., authorizing electronic monitoring and location restrictions as
conditions of pretrial release of persons charged with certain offenses against schools or students.
The court must consider whether conditions of electronic monitoring and a prohibition of being
within 1,000 of any school are appropriate conditions of pretrial release, when a defendant is
charged with any of the following offenses if such offense is against a school or a student:
Possessing or discharging weapons or firearms at a school-sponsored event or on school
property prohibited;
13
Making, possessing, throwing, projecting, placing, or discharging any destructive device or
attempt so to do;
14
Unlawful throwing, projecting, or discharging of destructive device or bomb that results in
injury to another;
15
Threats to throw, project, place, or discharge any destructive device;
16
False reports concerning planting a bomb, an explosive, or a weapon of mass destruction, or
concerning the use of firearms in a violent manner;
17
9
Section 948.11(2), F.S.
10
Section 948.11(6), F.S.
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 790.115, F.S.
14
Section 790.161, F.S.
15
Section 790.1615, F.S.
16
Section 790.162, F.S.
17
Section 790.163, F.S. BILL: CS/SB 496 Page 4
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;
18
Planting of “hoax bomb” prohibited;
19
Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a
weapon of mass destruction or hoax weapon of mass destruction;
20
Trespass on school property with firearm or other weapon;
21
Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of
terrorism.
22
The bill creates s. 948.301, F.S., authorizing 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 must consider, in addition to all other standard
and special conditions imposed, whether conditions of electronic monitoring and a prohibition
from being within 1,000 feet of any public or private school
23
is appropriate 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;
24
Making, possessing, throwing, projecting, placing, or discharging any destructive device or
attempt so to do;
25
Unlawful throwing, projecting, or discharging of destructive device or bomb that results in
injury to another;
26
Threats to throw, project, place, or discharge any destructive device;
27
False reports concerning planting a bomb, an explosive, or a weapon of mass destruction, or
concerning the use of firearms in a violent manner;
28
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;
29
Planting of “hoax bomb” prohibited;
30
Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a
weapon of mass destruction or hoax weapon of mass destruction;
31
18
Section 790.164, F.S.
19
Section 790.165, F.S.
20
Section 790.166, F.S.
21
Section 810.095, F.S.
22
Section 836.10, F.S.
23
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.
24
Section 790.115, F.S.
25
Section 790.161, F.S.
26
Section 790.1615, F.S.
27
Section 790.162, F.S.
28
Section 790.163, F.S.
29
Section 790.164, F.S.
30
Section 790.165, F.S.
31
Section 790.166, F.S. BILL: CS/SB 496 Page 5
Trespass on school property with firearm or other weapon;
32
Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of
terrorism.
33
The bill defines the term “school” to mean the grounds or facility of any early learning,
prekindergarten, kindergarten, elementary school, middle school, junior high school, secondary
school, career center, or postsecondary school, whether public or private.
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.
32
Section 810.095, F.S.
33
Section 836.10, F.S. BILL: CS/SB 496 Page 6
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends section 907.041 of the Florida Statutes.
This bill creates section 948.301 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 27, 2023:
The committee substitute:
Defines a “school” as the grounds or facility of any early learning, prekindergarten,
kindergarten, elementary school, middle school, junior high school, secondary school,
career center, or postsecondary school, whether public or private.
Revises s. 907.041, F.S., requiring a court to consider EM and location restrictions as
conditions of pretrial release for persons charged with certain offenses against schools
or students.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.