CS/HB 437 2025
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hb437-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to tampering with an electronic 2
monitoring device; amending s. 843.23, F.S.; 3
reclassifying the offense of tampering with an 4
electronic monitoring device to provide graduated 5
penalties; requiring termination of pretrial release 6
of a person who tampers with such a device while on 7
pretrial release; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. Section 843.23, Florida Statutes, is amended to 12
read: 13
843.23 Tampering with an electronic monitoring device. — 14
(1) As used in this section, the term "electronic 15
monitoring device" includes any device that is used to track the 16
location of a person. 17
(2) It is unlawful for a person to intentionally and 18
without authority: 19
(a) Remove, destroy, alter, tamper with, damage, or 20
circumvent the operation of an electronic monitoring device that 21
must be worn or used by that person or anot her person pursuant 22
to a court order or pursuant to an order by the Florida 23
Commission on Offender Review; or 24
(b) Request, authorize, or solicit a person to remove, 25
CS/HB 437 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
destroy, alter, tamper with, damage, or circumvent the operation 26
of an electronic monitor ing device required to be worn or used 27
pursuant to a court order or pursuant to an order by the Florida 28
Commission on Offender Review. 29
(3) A person who violates this section commits a : 30
(a) Felony of the third degree, punishable as provided in 31
s. 775.082, s. 775.083, or s. 775.084 , if the person is charged 32
with or serving a sentence for a misdemeanor or a third degree 33
felony. 34
(b) Felony of the second degree, punishable as provided in 35
s. 775.082, s. 775.083, or s. 775.084, if the person is charged 36
with or serving a sentence for a second degree felony. 37
(c) Felony of the first degree, punishable as provided in 38
s. 775.082, s. 775.083, or s. 775.084, if the person is charged 39
with or serving a sentence for a first degree felony. 40
(d) Felony of the first d egree, punishable by a term of 41
years not exceeding life or as provided in s. 775.082, s. 42
775.083, or s. 775.084, if the person is charged with or serving 43
a sentence for a first degree felony punishable by a term of 44
years not exceeding life. 45
(e) Life felony, punishable as provided in s. 775.082, s. 46
775.083, or s. 775.084, if the person is charged with or serving 47
a sentence for a life or capital felony. 48
(4) A person on pretrial release who commits a violation 49
of this section shall have his or her pretrial release 50
CS/HB 437 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
terminated and shall no longer be eligible for pretrial release 51
for the offenses for which he or she was on release. 52
Section 2. This act shall take effect October 1, 2025. 53