CS/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
A bill to be entitled 1
An act relating to tampering with an electronic 2
monitoring device; amending s. 843.23, F.S.; revising 3
the offense of tampering with an electronic monitoring 4
device; reclassifying the offense to provide graduated 5
penalties; providing a specified penalty for a person 6
under 18 years of age who commits the offense; 7
requiring revocation of pretrial release of a person 8
who tampers with such a device while on pretria l 9
release; permitting a court to set a new bond under 10
specified conditions; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 843.23, Florida Statutes, is amended to 15
read: 16
843.23 Tampering with an electronic monitoring device. — 17
(1) As used in this section, the term "electronic 18
monitoring device" includes any device that is used to track the 19
location of a person. 20
(2) It is unlawful for a person to intentionally and 21
without authority: 22
(a) Remove, destroy, alter, tamper with, damage, or 23
affirmatively act to circumvent the operation of an electronic 24
monitoring device that must be worn or used by that person or 25
CS/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
another person pursuant to a court order or pursuant to an order 26
by the Florida Commission on Offender Review; or 27
(b) Request, authorize, or solicit a person to remove, 28
destroy, alter, tamper with, damage, or affirmatively act to 29
circumvent the operation of an electronic monitoring device 30
required to be worn or used pursuant to a co urt order or 31
pursuant to an order by the Florida Commission on Offender 32
Review. 33
(3) Except as provided in subsection (4), a person who 34
violates this section commits a : 35
(a) Felony of the third degree, punishable as provided in 36
s. 775.082, s. 775.083, o r s. 775.084, if the person who must 37
wear or use the electronic monitoring device is charged with or 38
serving a sentence for a misdemeanor or a third degree felony . 39
(b) Felony of the second degree, punishable as provided in 40
s. 775.082, s. 775.083, or s. 7 75.084, if the person who must 41
wear or use the electronic monitoring device is charged with or 42
serving a sentence for a second degree felony. 43
(c) Felony of the first degree, punishable as provided in 44
s. 775.082, s. 775.083, or s. 775.084, if the person w ho must 45
wear or use the electronic monitoring device is charged with or 46
serving a sentence for a first degree felony, a first degree 47
felony punishable by a term of years not exceeding life, a life 48
felony, or a capital felony. 49
(4) A person under 18 years of age who violates this 50
CS/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
section commits a felony of the third degree, punishable as 51
provided in s. 775.082, s. 775.083, or s. 775.084. 52
(5) The court must revoke pretrial release for a person 53
who commits a violation of this section while he or she is on 54
pretrial release. Thereafter, the court may set a new bond with 55
conditions of release upon making a written finding that 56
sufficient conditions of release exist to reasonably protect the 57
community from risk of physical harm, ensure the presence of the 58
accused at trial or at other proceedings, and assure the 59
integrity of the judicial process. 60
Section 2. This act shall take effect October 1, 2025. 61