As Florida criminal courts increasingly order individuals on parole and probation and defendants on pretrial release to wear an ankle monitor (or electronic monitoring device) as an alternative to jail, the state is moving to impose stiffer penalties for tampering with the devices.
Currently, under Florida Statute 843.23, tampering with an electronic monitoring device is classified as a third-degree felony, regardless of the underlying offense for which the person is being monitored. While judges have wide discretion, a third degree felony is punishable by a sentence of up to 5 years in prison and a fine of up to $5,000.
Under the new, proposed law, the penalty for ankle monitor tampering would be tied to the level of the original offense. If the initial charge was armed robbery= or kidnapping, both first degree felonies, tampering with an electronic monitoring device while awaiting trial would be a first degree felony. So instead of looking at 30 years in prison, you’d be facing 60 years.
What is Tampering with an Electronic Monitoring Device?
The bill defines tampering broadly, covering any intentional act to remove, alter, destroy, damage, or otherwise circumvent the operation of an electronic monitoring device. Also, while it is a crime under current law to ask anyone to help remove or tamper with an ankle monitor, the new law also criminalizes the assistance—meaning anyone who helps another person tamper with their device could also face felony charges.
Key Provisions of Proposed New Law for Tampering with an Ankle Monitor
- First-degree felony or higher: Tampering would be charged as a first-degree felony, which carries the harshest penalties, including up to 30 years in prison.
- Other felonies and misdemeanors: The penalty for tampering would be scaled according to the seriousness of the underlying crime.
- Juvenile offenders: For individuals under 18, tampering would remain a third-degree felony, recognizing the need for a different approach for minors.
Automatic Revocation of Pretrial Release
A significant change in the proposed law is the automatic termination of pretrial release for anyone found to have tampered with their monitoring device. If a person on pretrial release tampers with their ankle monitor, their release will be revoked immediately. However, the court retains the discretion to set a new bond if appropriate, balancing public safety with individual circumstances.
Comparison: Current Law vs. Proposed Changes
| Aspect | Current Law (as of 2016) | Proposed Law (2025 Legislation) |
|---|---|---|
| Penalty for Tampering | Third-degree felony (up to 5 years in prison, $5,000 fine) | Graduated felony penalties based on underlying offense; up to first-degree felony for serious crimes |
| Pretrial Release Consequence | Not automatic | Mandatory revocation of pretrial release; possible new bond |
| Offenders Covered | All ages, all offenses | Specific provisions for juveniles (under 18); penalties tied to underlying offense |
If passed, the new law would take effect on October 1, 2025, giving law enforcement and the courts time to adjust procedures and inform affected individuals.
Orlando Criminal Defense Lawyer for Electronic Monitoring Cases
An aggressive and experience Orlando criminal defense attorney can help you with any questions you may have about having to wear an ankle monitor and can defend you against criminal charges of tampering. The law clearly states that charges can only be brought if the tampering is intentional, so there may be a question of intent, such as accidental damage or unintentional actions.
Device malfunction or faulty equipment can be a defense if the monitor failed without deliberate action. Perhaps there was an emergency or sudden medical necessity. If the prosecution lacks sufficient evidence to prove intent, that can lead to dismissal. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
