Florida Statutes

Fla. Stat. § 843.23 (2025)

Tampering with an electronic monitoring device.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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843.23 Tampering with an electronic monitoring device.—

(1) As used in this section, the term “electronic monitoring device” includes any device that is used to track the location of a person.

(2) It is unlawful for a person to intentionally and without authority:

(a) Remove, destroy, alter, tamper with, damage, or 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

(b) Request, authorize, or solicit 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.

(3) Except as provided in subsection (4), a person who violates this section commits a:

(a) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 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.

(b) Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person who must wear or use the electronic monitoring device is charged with or serving a sentence for a second degree felony.

(c) Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 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.

(4) A person under 18 years of age who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) The court must revoke pretrial release for a person who commits a violation of this section while he or she is on pretrial release. Thereafter, 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.

History.—s. 1, ch. 2016-15; s. 1, ch. 2025-78.

Arrestable Offenses under F.S. 843.23

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§843.23(2)PUBLIC ORDER CRIMESREQUEST AUTH PERSON/TAMPER ELEC MONITOR DEVICEF · 3rd

§843.23(2)PUBLIC ORDER CRIMESTAMPER ELEC MONITOR DEVICE AFTER M2/M1/F3 CONVF · 3rd

§843.23(2)PUBLIC ORDER CRIMESTAMPER ELEC MONITOR DEVICE AFTER F2 CONVF · 2nd

§843.23(2)PUBLIC ORDER CRIMESTAMPER ELEC MONITOR DEVICE AFTER F1/LF/CF CONVF · 1st

§843.23(2)PUBLIC ORDER CRIMESTAMPER ELEC MONITOR DEVICE BY PERSON LT 18YOAF · 3rd

§843.23(3)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9346F · 3rd

§843.23(2a)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10694F · 3rd

§843.23(2b)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10694F · 3rd

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2022–2025 · leading case: In Re: Amendments to Florida Rules of Crim. Procedure - 2025 Legislation (Fla. 2025).

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In Re: Amendments to Florida Rules of Crim. Procedure - 2025 Legislation (Fla. 2025). · cites it 6× “131 to create new subdivision (f)(2), which states that the “court must revoke pretrial release for a person who commits a violation of section 843.23, Florida Statutes, while the person is on pretrial release.”

Richard Lee Walker Vs State of Florida (Fla. 1st DCA 2022). · cites it 2× “First, in circuit court case number 2021-306-CF, the judgment should reflect the correct statutory citation of section 843.23(2)(a), Florida Statutes, on the sole count.”

— 843.23(2)(a) — 1 case

Richard Lee Walker Vs State of Florida (Fla. 1st DCA 2022). “First, in circuit court case number 2021-306-CF, the judgment should reflect the correct statutory citation of section 843.23(2)(a), Florida Statutes, on the sole count.”

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