Tampering with an Electronic Monitoring Device
Florida Statute Section 843.23(2) prohibits intentionally and without authority tampering with an electronic monitoring device by doing any of the following:
- Removing, destroying, altering, tampering with, damaging, or any other affirmatively act to circumvent the operation of an electronic monitoring device that must be worn or used by that person or another person pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review; or
- Requesting, authorizing, or soliciting a person to remove, destroy, alter, tamper with, damage, or affirmatively act to circumvent the operation of an electronic monitoring device required to be worn or used pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review.
For purposes of prosecutions for tampering with an electronic monitoring device under Section 843.23, the definition of the “electronic monitoring device” includes any device that is used to track the location of a person.
Attorneys for Tampering with an Electronic Monitoring Device
The attorneys at Sammis Law Firm represent clients charged with tampering with an electronic monitoring device under Section 843.23(2), F.S. We understand how harsh the penalties are for this offense and the best defenses to fight the charges.
We help clients avoid the need for an electronic monitoring device, especially while on pretrial release. If the GPS or CAM was ordered before we were retained, we can help the client file a motion to modify the conditions of pretrial release to remove that requirement.
Sammis Law Firm has offices in Tampa in Hillsborough County, Clearwater in Pinellas County and New Port Richey in Pasco County, FL.
Call 813-250-0500.
Penalties for Tampering with an Monitoring Device in Florida
The penalties for tampering with an electronic monitoring device or soliciting another to do so depend on several factors.
- Felony of the third degree – if the person who must wear or use the electronic monitoring device is charged with or serving a sentence for a misdemeanor or a third degree felony;
- Felony of the second degree – if the person who must wear or use the electronic monitoring device is charged with or serving a sentence for a second degree felony;
- Felony of the first degree – if the person who must wear or use the electronic monitoring device is charged with or serving a sentence for a first degree felony, a first degree felony punishable by a term of years not exceeding life, a life felony, or a capital felony.
When a person under 18 years of age is accused of this crime, the juvenile is charged as a felony of the third degree regardless of the underlying charge.
Any person accused of tampering with an electronic monitoring device while on pretrial release, must have their pretrial release status revoked by the court.
The court may set a new bond with conditions of release upon making a written finding that sufficient conditions of release exist to reasonably protect the community from risk of physical harm, ensure the presence of the accused at trial or at other proceedings, and assure the integrity of the judicial process.
This article was last updated on Tuesday, March 31, 2026.
