Florida Senate - 2015                                     SB 282
       By Senator Hukill
       8-00433-15                                             2015282__
    1                        A bill to be entitled                      
    2         An act relating to tracking devices or applications;
    3         creating s. 934.425, F.S.; providing definitions;
    4         prohibiting the use of a tracking device or
    5         application to determine the location or movement of a
    6         person without the person’s consent; creating a
    7         presumption that consent is revoked upon initiation of
    8         specified proceedings; providing exceptions; providing
    9         criminal penalties; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 934.425, Florida Statutes, is created to
   14  read:
   15         934.425 Use of tracking devices or applications prohibited;
   16  exceptions.—
   17         (1) As used in this section, the term:
   18         (a) “Tracking application” means any software program that,
   19  once installed on an electronic device, enables the device to be
   20  used as a tracking device.
   21         (b) “Tracking device” means any device that reveals its
   22  location or movement by the transmission of electronic signals.
   23         (2) Except as provided in subsection (3), a person may not
   24  use a tracking device or application to determine the location
   25  or movement of another person without the consent of that
   26  person. For purposes of this section, a person who files a
   27  petition for dissolution of marriage or who seeks a restraining
   28  order against another person is presumed to have revoked any
   29  consent given before the initiation of such proceedings to his
   30  or her spouse from whom the dissolution is sought or the person
   31  sought to be restrained, respectively.
   32         (3) This section does not apply to:
   33         (a) The owner of a motor vehicle, including the owner of a
   34  motor vehicle available for rent, who has consented to the use
   35  of the tracking device or application with respect to such
   36  vehicle.
   37         (b) The lessor or lessee of a motor vehicle and the person
   38  operating the motor vehicle who have consented to the use of a
   39  tracking device or application with respect to such vehicle.
   40         (c) Any law enforcement agency, including state, federal,
   41  and military law enforcement agencies, that is acting pursuant
   42  to a court order or lawfully using the tracking device or
   43  application in an ongoing criminal investigation, if the law
   44  enforcement officer employing the tracking device or application
   45  creates a contemporaneous record describing in detail the
   46  circumstances under which the tracking device or application is
   47  being used.
   48         (d)1. A parent or legal guardian of a minor child whose
   49  location or movements are being tracked by the parent or legal
   50  guardian.
   51         2. When the parents of the minor child are divorced,
   52  separated, or otherwise living apart from one another, this
   53  exception applies only if both parents consent to the tracking
   54  of the minor child’s location and movements, unless one parent
   55  has been granted sole custody, in which case consent of the
   56  noncustodial parent is not required.
   57         (e) The owner or operator of a correctional institution, as
   58  defined in s. 944.241, that is tracking a prisoner or any person
   59  detained under the immigration laws of the United States at any
   60  such correctional institution who is under its custody or
   61  supervision. For purposes of this paragraph, the term “prisoner”
   62  means any person incarcerated or detained in any correctional
   63  institution who is accused of, convicted of, sentenced for, or
   64  adjudicated delinquent for a violation of criminal law or the
   65  terms and conditions of parole, probation, community control,
   66  pretrial release, or a diversionary program.
   67         (f) Any provider of a commercial mobile radio service, such
   68  as a mobile telephone service or vehicle safety or security
   69  service, which allows the provider to determine the location or
   70  movement of a device provided to a customer of such service.
   71         (g) Any commercial motor carrier operation.
   72         (h) Any commercial enterprise engaged in good faith
   73  marketing or advertising to the public through the use of
   74  tracking applications if the location of a member of the public,
   75  as revealed to the commercial enterprise through the tracking
   76  application, is used only for good faith marketing or
   77  advertising and no other purpose.
   78         (4) A person who violates this section commits a
   79  misdemeanor of the second degree, punishable as provided in s.
   80  775.082 or s. 775.083.
   81         Section 2. This act shall take effect October 1, 2015.