Gov. DeSantis OKs stricter penalties for tampering with electronic monitoring devices

Florida will soon see stiffer penalties for people who tamper with or remove court-ordered electronic monitoring devices.

Gov. Ron DeSantis has signed HB 437, a bipartisan measure that will reclassify and escalate punishment for device-tampering offenses.

Under the law, effective Oct. 1, anyone who intentionally and without proper authority removes, alters, destroys, tampers, damages or acts to circumvent the operation of an electronic monitoring device — or seeks help in doing so — would face varying felony charges based on prior charges or sentences.

If the person ordered to wear or use the electronic monitoring device is charged with, or serving a sentence for, a misdemeanor or third-degree felony, they will face a third-degree felony charge — punishable by up to five years in prison and $5,000 in fines — for tampering with their device.

If they were charged with, or serving a sentence for, a felony of the second degree, they will face another second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

The same goes for those charged with, or sentenced to, a first-degree felony, which carries a maximum penalty of 30 years in prison and a fine of up to $10,000.

HB 437 also mandates the immediate termination of pretrial release for anyone caught tampering with their device.

Parkland Democratic Rep. Dan Daley, a Broward County prosecutor and the measure’s lower-chamber sponsor, said in a statement that he filed HB 437 to “enhance the integrity” of Florida’s criminal justice system and crack down on criminals who seek to “disappear and potentially commit more crimes while avoiding accountability.”

The new law targets a growing concern in the state’s criminal justice system about offenders evading accountability by disabling GPS ankle monitors used during pretrial release, probation and other court-ordered supervision programs.

Supporters say the new law closes a loophole that previously allowed individuals to interfere with monitoring equipment with minimal legal consequence.

“This law sends a clear message: tampering with a monitoring device will not be tolerated,” he said Tuesday, five days after DeSantis signed HB 437 and 16 other bills. “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.”

Miami Republican Sen. Ileana Garcia filed the measure’s Senate analog (SB 1054) and ushered HB 437 to unanimous passage in the chamber last month.

The bill cleared the House 110-1, with only Fort Lauderdale Democratic Rep. Daryl Campbell voting “no.”

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 lobbied in favor of the bill this year.

The Florida Association of Criminal Defense Lawyers opposed the changes in HB 437. But member Aaron Wayt noted during the bill’s last committee stop in March that amendments to the measure providing exemptions for juveniles and adding clarifying language about intentionality improved his organization’s view of the legislation.