Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 282
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2015           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 934.425, Florida Statutes, is created to
    6  read:
    7         934.425 Installation of tracking devices or tracking
    8  applications; exceptions; penalties.—
    9         (1) As used in this section, the term:
   10         (a) “Business entity” means any form of corporation,
   11  partnership, association, cooperative, joint venture, business
   12  trust, or sole proprietorship that conducts business in this
   13  state.
   14         (b) “Person” means an individual and does not mean a
   15  business entity.
   16         (c) “Tracking application” means any software program whose
   17  primary purpose is to track or identify the location or movement
   18  of an individual.
   19         (d) “Tracking device” means any device whose primary
   20  purpose is to reveal its location or movement by the
   21  transmission of electronic signals.
   22         (2) Except as provided in subsection (4), a person may not
   23  knowingly install a tracking device or tracking application on
   24  another person’s property without the other person’s consent.
   25         (3) For purposes of this section, a person’s consent is
   26  presumed to be revoked if:
   27         (a) The consenting person and the person to whom consent
   28  was given are lawfully married and one person files a petition
   29  for dissolution of marriage from the other; or
   30         (b) The consenting person or the person to whom consent was
   31  given files an injunction for protection against the other
   32  person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
   33  784.0485.
   34         (4) This section does not apply to:
   35         (a) A law enforcement officer as defined in s. 943.10, or
   36  any local, state, federal, or military law enforcement agency,
   37  that lawfully installs a tracking device or tracking application
   38  on another person’s property as part of a criminal
   39  investigation.
   40         (b) A parent or legal guardian of a minor child that
   41  installs a tracking device or tracking application on the minor
   42  child’s property if:
   43         1. The parents or legal guardians are lawfully married to
   44  each other and are not separated or otherwise living apart, and
   45  either parent or legal guardian consents to the installation of
   46  the tracking device or tracking application;
   47         2. The parent or legal guardian is the sole surviving
   48  parent or legal guardian of the minor child;
   49         3. The parent or legal guardian has sole custody of the
   50  minor child; or
   51         4. The parents or legal guardians are divorced, separated,
   52  or otherwise living apart and both consent to the installation
   53  of the tracking device or tracking application.
   54         (c)A caregiver of an elderly person or disabled adult, as
   55  those terms are defined in s. 825.101, if the elderly person’s
   56  or disabled adult’s treating physician certifies that the
   57  installation of a tracking device or tracking application onto
   58  the elderly person’s or disabled adult’s property is necessary
   59  to ensure the safety of the elderly person or disabled adult.
   60         (d)A person acting in good faith on behalf of a business
   61  entity for a legitimate business purpose.
   62         (5)A person who violates this section commits a
   63  misdemeanor of the second degree, punishable as provided in s.
   64  775.082 or s. 775.083.
   65         Section 2. This act shall take effect October 1, 2015.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to tracking devices or tracking
   73         applications; creating s. 934.425, F.S.; defining
   74         terms; prohibiting the installation of a tracking
   75         device or tracking application without a person’s
   76         consent; creating a presumption that consent is
   77         revoked upon initiation of specified proceedings;
   78         providing exceptions to the prohibition on
   79         installation of tracking devices or tracking
   80         applications; providing criminal penalties; providing
   81         an effective date.