Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 282 Ì612458<Î612458 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/30/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 66 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.