The next time someone cuts off an ankle monitor in Florida, they could be doubling the prison time they already face.
Beginning Wednesday, a new state law will impose steep, graduated felony penalties on offenders who tamper with court-ordered electronic monitoring devices.
The law (HB 437[1]), signed[2] by Gov. Ron DeSantis in May, treats tampering with a GPS ankle monitor as seriously as the crime that warranted the device in the first place.
Previously, all tampering cases were charged as a third-degree felony, punishable by up to five years in prison and a $5,000 fine, regardless of the severity of the underlying crime.
Now, penalties scale to match the original offense.
For misdemeanors or third-degree felonies, tampering remains a third-degree felony.
For second-degree felonies, the penalty for tampering is also a second-degree felony, carrying up to 15 years in prison and a $10,000 fine.
And for first-degree felonies — you guessed it — tampering escalates to another first-degree felony, punishable by up to 30 years in prison and $10,000 in fines.
The law also requires automatic revocation of pretrial release for anyone caught interfering with their monitor. Judges may later set a new bond, but the immediate consequence is jail until trial.
HB 437, sponsored by Miami Republican Sen. Ileana Garcia and Coral Springs Democratic Rep. Dan Daley, an Assistant Broward County State Attorney, passed with near-unanimous support in April.
It received just one “no” vote[3] from Fort Lauderdale Democratic Rep. Daryl Campbell.
The new law aims to plug what lawmakers and prosecutors say is a dangerous loophole in the state’s justice system that enables offenders to evade accountability[4] during pretrial release, probation and other court-ordered supervision programs.
Electronic monitors are widely used in Florida to allow defendants to remain in their communities while awaiting trial, serving probation or fulfilling other supervision terms. They tend to save taxpayers money by reducing jail populations while letting defendants keep their jobs and support families.
But law enforcement officials and victims’ rights advocates have long pushed for reforms to strengthen the integrity of electronic monitoring. The Florida Smart Justice Alliance, Florida Sheriffs Association and Seminole County Sheriff’s Office all lobbied in favor of HB 437 this year, calling it a necessary deterrent.
Defense lawyers, however, raised concerns about overpenalizing. The Florida Association of Criminal Defense Lawyers initially opposed the change, but softened its stance[5] after lawmakers exempted juveniles and clarified that only intentional tampering would be penalized.
According to Daley, Broward County alone has spent “several hundred thousand dollars a year[6]” repairing and replacing devices that defendants have cut off.
“This law sends a clear message: tampering with a monitoring device will not be tolerated,” Daley said shortly after DeSantis signed HB 437. “Electronic monitoring is a critical tool for public safety and accountability. By closing this loophole, we are protecting communities across Florida and ensuring that our criminal justice system can do its job effectively.”
References
- ^ HB 437 (www.flhouse.gov)
- ^ signed (floridapolitics.com)
- ^ just one “no” vote (www.flsenate.gov)
- ^ evade accountability (www.winknews.com)
- ^ softened its stance (www.flhouse.gov)
- ^ several hundred thousand dollars a year (www.wcjb.com)