STORAGE NAME: h0437c.JDC
DATE: 3/26/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 437
TITLE: Tampering with an Electronic Monitoring Device
SPONSOR(S): Daley
COMPANION BILL: SB 1054 (Garcia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
17 Y, 1 N, As CS
Judiciary
21 Y, 1 N, As CS
SUMMARY
Effect of the Bill:
The bill replaces the current third degree felony penalty with a graduated penalty scheme for the offense of
tampering with an electronic monitoring device. Under the bill, the penalty that a court may impose upon a person
who intentionally removes, destroys, or tampers with an electronic monitoring device depends on the level of
offense for which the person is charged or currently serving a sentence, however it remains a third degree felony
for a person under 18 years of age to commit the offense. The bill also requires a court to revoke the pretrial
release of a person who commits an offense of tampering with an electronic monitoring device while he or she is on
pretrial release but authorizes the court to set a new bond under specified circumstances.
Fiscal or Economic Impact:
The bill may have an indeterminate positive impact on the jail and prison bed population by:
Creating graduated felony penalties related to tampering with an electronic monitoring device, which may
result in increased jail and prison admissions and in offenders being sentenced to longer terms of
incarceration; and
Requiring a court to revoke the pretrial release of a person who commits an offense of tampering with an
electronic monitoring device while he or she is on pretrial release, which may result in more offenders
remaining in custody pending the resolution of criminal cases.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill replaces the current third degree felony penalty with a graduated penalty scheme for the offense of
tampering with an electronic monitoring device. Under the bill, a person who intentionally and without authority
removes, alters, destroys, tampers with, damages, or affirmatively acts to circumvent the operation of an electronic
monitoring device, or requests, authorizes, or solicits another person to do so, commits a:
Third degree felony, if the person who must wear or use the electronic monitoring device is charged with
or serving a sentence for a misdemeanor or a third degree felony;
Second degree felony, if the person who must wear or use the electronic monitoring device is charged with
or serving a sentence for a second degree felony;
First degree felony, if the person who must wear or use the electronic monitoring device is charged with or
serving a sentence for a first degree felony, a first degree felony punishable by a term of years not
exceeding life, a life felony, or a capital felony. (Section 1)
However, consistent with current law, a minor under 18 years of age who tampers with an electronic monitoring
device commits a third degree felony, regardless of the level of the underlying offense. (Section 1)
Additionally, under the bill, a person who is on pretrial release and who tampers with an electronic monitoring
device, or solicits another person to do so, must have his or her pretrial release revoked by the court. Thereafter, JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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the court may set a new bond with conditions of release upon making a written finding that sufficient conditions of
release exist to reasonably protect the community from risk of physical harm, ensure the presence of the accused
at trial or at other proceedings, and assure the integrity of the judicial process. (Section 1)
The effective date of the bill is October 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate positive impact on the prison bed population by replacing the current third
degree felony with a graduated penalty scheme related to tampering with an electronic monitoring device, which
may result in increased prison admissions and offenders being sentenced to longer terms of incarceration.
LOCAL GOVERNMENT:
The bill may have an indeterminate positive impact on the jail bed population by requiring a court to terminate the
pretrial release of a person who commits an offense of tampering with an electronic monitoring device while he or
she is on pretrial release, which may result in more offenders remaining in custody pending the resolution of
criminal cases.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Supervision
Pretrial Release
Section 907.041, F.S., provides a presumption in favor of release on nonmonetary conditions for any person who is
granted pretrial release, unless such person is charged with a dangerous crime as defined in s. 907.041(5), F.S. A
person shall be released on monetary conditions if such conditions are necessary to:
Assure the presence of the person at trial or at other proceedings;
Protect the community from risk of physical harm to persons;
Assure the presence of the accused at trial; or
Assure the integrity of the judicial process.
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Additionally, s. 903.047(a), F.S., specifies that a defendant must refrain from criminal activity of any kind as a
condition of pretrial release, regardless of whether such release is by surety bail bond, recognizance bond, or some
other form. Under s. 903.0471, F.S., a court may, on its own motion, revoke pretrial release and order pretrial
detention if it finds probable cause to believe that the defendant committed a new crime while on pretrial release
or violated any other condition of pretrial release in a material respect.
Probation, Community Control, and Conditional Release
A court may sentence an offender to probation or community control in lieu of, or in addition to, incarceration.
2
Probation is a form of community supervision requiring specified contacts with a probation officer and other terms
and conditions.
3 Community control is a more intensive form of supervision involving an individualized program
that restricts an offender’s movement within the community, home, or residential placement.
4 Several standard
conditions of probation or community control apply automatically, including requirements to report to a probation
officer as directed and to live without violating any law.
5 The court may also impose special conditions of probation
or community control as it considers proper.
6 Following incarceration, offenders who qualify under Florida’s
1
S. 907.041(3)(a), F.S.
2
S. 948.01, F.S.
3
S. 948.001(8), F.S.
4
S. 948.001(3), F.S.
5
S. 948.03(1), F.S.
6
S. 948.03(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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“Conditional Release Program Act” may be released under supervision subject to specified terms and conditions
determined by the Florida Commission on Offender Review (FCOR).
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Generally, electronic monitoring devices are used to keep track of the location of arrestees, criminal defendants,
and people who have been placed on probation, community control, or conditional release.
8
Tampering with an Electronic Monitoring Device
Under s. 843.23, F.S., a person commits a third degree felony
9 if he or she 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 court order or
pursuant to an order by FCOR
10; or
Requests, authorizes, or solicits another person to remove, destroy, alter, tamper with, damage, or
circumvent the operation of an electronic monitoring device required to be worn or used pursuant to a
court order or pursuant to an order by FCOR.
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The term “electronic monitoring device” includes any device that is used to track the location of a person.
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Other Tampering Offenses
Tampering with a Witness, Victim, or Informant
Under s. 914.22, F.S., a person commits the crime of tampering with a witness, victim, or informant if he or she
knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in
misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to
cause or induce any person to:
Withhold testimony, or withhold a record, document, or other object, from an official investigation or
official proceeding;
Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object
for use in an official investigation or official proceeding;
Evade legal process summoning that person to appear as a witness, or to produce a record, document, or
other object, in an official investigation or an official proceeding;
Be absent from an official proceeding to which such person has been summoned by legal process;
Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating
to the commission or possible commission of an offense or a violation of a condition of probation, parole, or
release pending a judicial proceeding; or
Testify untruthfully in an official investigation or an official proceeding,
Tampering with a witness, victim, or informant has a graduated penalty scheme so that a violation is a:
Third degree felony, where the official investigation or official proceeding affected involves the
investigation or prosecution of a misdemeanor.
13
Second degree felony,
14 where the official investigation or official proceeding affected involves the
investigation or prosecution of a third degree felony.
7
FCOR is authorized under s. 8(c), Art. IV of the State Constitution and responsible for granting and revoking parole and
investigating applications for clemency as directed by the Governor and Cabinet. S. 20.32, F.S.
8
Sections 947.1405, 948.11, and 948.301, F.S.
9
A third degree felony is punishable by up to five years in prison and a $5,000 fine. Ss. 775.082, F.S., 775.083, F.S., or 775.084,
F.S.
10
S. 843.23(2)(a), F.S.
11
S. 843.23(2)(b), F.S.
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S. 843.23(1), F.S. Under s. 948.11, F.S., the Department of Corrections is in charge of electronically monitoring an offender
sentenced to community control after a court imposes electronic monitoring as a condition of community control. The
offender is responsible for paying the cost of such electronic monitoring and supervision. S. 948.09, F.S.
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A second degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine. Ss. 775.082 and 775.083, F.S. A
first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
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A second degree felony is punishable by up to 15 years in prison and a $10,000 fine. Ss. 775.082, F.S., 775.083, F.S., or
775.084, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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First degree felony,
15 where the official investigation or official proceeding affected involves the
investigation or prosecution of a second degree felony.
First degree felony, where the official investigation or official proceeding affected involves the investigation
or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding
life.
Life felony, where the official investigation or official proceeding affected involves the investigation or
prosecution of a life or capital felony.
Third degree, where the offense level of the affected official investigation or official proceeding is
indeterminable or where the affected official investigation or official proceeding involves a noncriminal
investigation or proceeding.
Tampering with a Juror
Under s. 918.12, F.S., a person commits a third degree felony if he or she influences the judgment or decision of any
grand or petit juror on any matter, question, cause, or proceeding which may be pending, or which may by law be
brought, before him or her as such juror, with intent to obstruct the administration of justice.
Tampering with Physical Evidence
Under s. 918.13, F.S., it is unlawful for any person, knowing that a criminal trial, proceeding, or investigation by a
duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is
pending or is about to be instituted, to:
Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity
or availability in such proceeding or investigation; or
Make, present, or use any record, document, or other item, knowing it to be false.
Generally, tampering with physical evidence is punishable as a third degree felony.
16 However, a person commits a
second degree felony if he or she tampers with physical evidence relating to a criminal trial, proceeding, or
investigation that relates to a capital felony.
17
15
A first degree felony is punishable by up to 30 years in prison and a $10,000 fine. Ss. 775.082, F.S., 775.083, F.S., or 775.084,
F.S.
16
S. 918.13(2)(a), F.S.
17
S. 918.13(2)(b), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 17 Y, 1 N, As CS 3/12/2025 Hall Butcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Changed the graduated penalty scheme for the offense of tampering with
an electronic monitoring device to generally align each penalty to the same
penalty level as the offense for which a person is charged or currently
serving a sentence.
Judiciary Committee 21 Y, 1 N, As CS 3/26/2025 Kramer Butcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Specified that a person under 18 years of age who tampers with an
electronic monitoring device commits a third degree felony, regardless of
the level of the underlying offense.
Specified that the crime of circumventing the operation of an electronic
monitoring device requires affirmative conduct on behalf of the offender.
Created one first degree felony offense for tampering with an electronic
monitoring device related to a first degree felony, a first degree felony
punishable by a term of years not exceeding life, a life felony, or a capital
felony.
Authorized a court to set a new bond under specified conditions after a
person tampers with an electronic monitoring device and has his or her
pretrial release revoked.
Made a technical change to clarify that for purposes of determining the
level of the tampering offense, the underlying charge or sentence relates to
the person who is wearing or using the electronic monitoring device.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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