WeVote
Log In

Bill

Bill

SB 1054

LOCAL GOVERNMENT-TECH

104th Regular Session Introduced by John Curran

The bill harshens penalties for tampering with electronic monitoring devices by reclassifying the crime to higher felonies based on the underlying charge, and bans pretrial release

Rule 3-9(a) / Re-referred to Assignments
0
WeVote Research Nonpartisan
Bill Summary · SB 1054

SB 1054 — LOCAL GOVERNMENT‑TECH (Tampering with an Electronic Monitoring Device)

Status: Rule 3‑9(a) / Re‑referred to Assignments
Introduced: February 3, 2025 (Sen. Garcia; later co‑sponsored by Sen. Avila in committee materials)
Statute amended: Section 843.23, Florida Statutes
Effective date (if enacted): October 1, 2025

Purpose / Intent

To increase criminal penalties for intentionally tampering with court‑ordered or commission‑ordered electronic monitoring (EM) devices and to remove pretrial release eligibility for persons who tamper while on pretrial release. The bill seeks to strengthen deterrence and public safety by reclassifying tampering offenses to more serious degrees tied to the defendant’s current charge or sentence severity.

Key provisions

  • Reclassifies the offense of tampering with an electronic monitoring device (currently a third‑degree felony) based on the defendant’s underlying charge or sentence:
    • If the person is charged with or serving a misdemeanor → tampering becomes a third‑degree felony.
    • If charged with or serving a third‑degree felony → tampering becomes a second‑degree felony.
    • If charged with or serving a second‑degree felony → tampering becomes a first‑degree felony.
    • If charged with or serving a first‑degree felony (including those punishable by up to life) → tampering becomes a first‑degree felony punishable by a term of years not exceeding life.
    • If charged with or serving a life or capital felony → tampering becomes a life felony.
  • If a person on pretrial release tampers with an EM device:
    • Their pretrial release is terminated.
    • They become ineligible for pretrial release for the offenses for which they were on release.

Who is affected

  • Defendants and offenders required to wear EM devices at any stage: persons on pretrial release, probation, community control, parole/conditional release, and those supervised by the Florida Commission on Offender Review.
  • Courts, monitoring agencies, probation/community corrections, and the Department of Corrections (DOC) (potentially more incarcerations).
  • Victims and communities through expected stronger deterrence and enforcement.

Penalties (statutory ranges referenced in bill analysis)

  • Third‑degree felony: up to 5 years imprisonment; fine up to $5,000.
  • Second‑degree felony: up to 15 years imprisonment; fine up to $5,000.
  • First‑degree felony: generally up to 30 years imprisonment; fine up to $10,000. (Bill contemplates life‑term exposure in specified circumstances.)
  • (For reference) Misdemeanor ranges noted in the analysis: 1st degree misdemeanor — up to 1 year; 2nd degree misdemeanor — up to 60 days.

Fiscal impact

  • The bill may produce a positive, indeterminate increase in prison bed demand for the DOC (unquantified). Committee fiscal analyses cite an unquantifiable upward pressure on incarceration.

Procedural / timeline notes

  • Favorable recommendations reported by Criminal Justice and Appropriations Committees; Fiscal Policy reported favorable.
  • As of the provided materials the bill was re‑referred under Rule 3‑9(a) to Assignments (April 11, 2025).
  • If enacted, the bill’s effective date is October 1, 2025.

Prepared from committee analyses and fiscal notes filed in March–April 2025 (Appropriations — Criminal & Civil Justice; Criminal Justice; Fiscal Policy).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.