Florida Senate - 2016                              CS for SB 298
       
       
        
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       
       591-01036-16                                           2016298c1
    1                        A bill to be entitled                      
    2         An act relating to installation of tracking devices or
    3         tracking applications; amending s. 934.425, F.S.;
    4         revising exceptions to the prohibition on installation
    5         of tracking devices or tracking applications;
    6         authorizing the Florida Department of Corrections and
    7         the Florida Department of Juvenile Justice to lawfully
    8         install a tracking device or tracking application on
    9         another person’s property as part of a criminal
   10         investigation; authorizing parents or legal guardians
   11         who are separated or divorced to install a tracking
   12         device or tracking application on their minor child’s
   13         property if a separation or divorce decree authorizes
   14         such installation; specifying circumstances in which a
   15         private investigator is authorized to or prohibited
   16         from installing a tracking device or tracking
   17         application; reenacting s. 493.6118(1)(y), F.S.,
   18         relating to grounds for disciplinary action, to
   19         incorporate the amendment made to s. 934.425, F.S., in
   20         a reference thereto; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraphs (a), (b), and (d) of subsection (4)
   25  of section 934.425, Florida Statutes, are amended to read:
   26         934.425 Installation of tracking devices or tracking
   27  applications; exceptions; penalties.—
   28         (4) This section does not apply to:
   29         (a) A law enforcement officer as defined in s. 943.10, or
   30  any local, state, federal, or military law enforcement agency,
   31  the Florida Department of Corrections, or the Florida Department
   32  of Juvenile Justice that lawfully installs a tracking device or
   33  tracking application on another person’s property as part of a
   34  criminal investigation.
   35         (b) A parent or legal guardian of a minor child who
   36  installs a tracking device or tracking application on the minor
   37  child’s property if:
   38         1. The parents or legal guardians are lawfully married to
   39  each other and are not separated or otherwise living apart, and
   40  either parent or legal guardian consents to the installation of
   41  the tracking device or tracking application;
   42         2. The parent or legal guardian is the sole surviving
   43  parent or legal guardian of the minor child;
   44         3. The parent or legal guardian has sole custody of the
   45  minor child; or
   46         4. The parents or legal guardians are divorced, separated,
   47  or otherwise living apart and both consent to the installation
   48  of the tracking device or tracking application, or if a
   49  separation or divorce decree authorizes such installation.
   50         (d) A person acting in good faith on behalf of a business
   51  entity for a legitimate business purpose. This paragraph does
   52  not apply to:
   53         1. A person engaged in private investigation, as defined in
   54  s. 493.6101, on behalf of another person, unless any of the
   55  following circumstances apply:
   56         a. Such activities would otherwise be exempt under this
   57  subsection if performed by the person engaging the private
   58  investigator;.
   59         b. The installation of a tracking device or tracking
   60  application on another person’s property is authorized by an
   61  order issued by a court of this state;
   62         c. The installation of a tracking device or tracking
   63  application is for the purpose of locating a person known to be
   64  a fugitive from justice; or
   65         d.The installation of a tracking device or tracking
   66  application is for the purpose of locating lost or stolen
   67  property or locating assets that have been awarded by the court.
   68         2.A private investigator who is working on behalf of a
   69  client who is subject to a no contact order or an injunction for
   70  protection, or a private investigator who knows or has reason to
   71  know that a person seeking his or her investigative services is
   72  involved in the commission of a crime or an unlawful act.
   73         Section 2. For the purpose of incorporating the amendment
   74  made by this act to section 934.425, Florida Statutes, in a
   75  reference thereto, paragraph (y) of subsection (1) of section
   76  493.6118, Florida Statutes, is reenacted to read:
   77         493.6118 Grounds for disciplinary action.—
   78         (1) The following constitute grounds for which disciplinary
   79  action specified in subsection (2) may be taken by the
   80  department against any licensee, agency, or applicant regulated
   81  by this chapter, or any unlicensed person engaged in activities
   82  regulated under this chapter.
   83         (y) Installation of a tracking device or tracking
   84  application in violation of s. 934.425.
   85         Section 3. This act shall take effect July 1, 2016.