This bill revises Florida’s offense for tampering with an electronic monitoring device, which includes devices used to track a person’s location. It makes it unlawful not only to remove, destroy, alter, damage, or circumvent such a device, but also to request, authorize, or solicit someone else to do so when the device is required by court order or by the Florida Commission on Offender Review.
The bill creates graduated felony penalties based on the seriousness of the underlying charge or sentence of the person wearing the device. Tampering is a third-degree felony when the monitored person is charged with or serving a misdemeanor or third-degree felony, a second-degree felony for a second-degree felony case, and a first-degree felony for first-degree felony, life, or capital cases. A person under 18 who commits the offense is subject to a third-degree felony. The bill also requires courts to revoke pretrial release for anyone who tampers with an electronic monitoring device while on pretrial release, though the court may later set a new bond if it makes written findings that conditions can protect the community, ensure appearance, and preserve the integrity of the judicial process.
Impact
The bill amends section 843.23, Florida Statutes, by expanding the prohibited conduct and replacing a single offense structure with a tiered penalty scheme tied to the seriousness of the monitored person’s underlying case. It also adds a mandatory pretrial-release consequence, requiring revocation when the offense occurs during pretrial release, while preserving judicial discretion to impose a new bond under specified findings. The act takes effect October 1, 2025, and primarily affects defendants subject to electronic monitoring, courts, pretrial release decisions, and offender-supervision systems.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the House Criminal Justice Subcommittee, House Judiciary Committee, House floor, and Senate floor by large margins, with only one no vote in each of the House committee and floor votes and unanimous approval in the Senate. The voting pattern suggests general agreement that tampering with monitoring devices is a serious public-safety and court-compliance issue warranting stronger penalties and enforcement.
Contention
The main policy issue is the severity and structure of the penalties, especially the escalation to first-degree felony treatment when the monitored person is facing or serving the most serious offenses. Another point of interest is the mandatory revocation of pretrial release, which limits judicial discretion at the initial stage but still allows a court to reset bond later if it makes written findings. No committee transcript concerns are available, and the recorded votes indicate that any disagreement was limited and not strongly organized.