Florida Senate - 2015                              CS for SB 282
       By the Committee on Criminal Justice; and Senator Hukill
       591-03136-15                                           2015282c1
    1                        A bill to be entitled                      
    2         An act relating to tracking devices or tracking
    3         applications; creating s. 934.425, F.S.; defining
    4         terms; prohibiting the installation of a tracking
    5         device or tracking application without a person’s
    6         consent; creating a presumption that consent is
    7         revoked upon initiation of specified proceedings;
    8         providing exceptions to the prohibition on
    9         installation of tracking devices or tracking
   10         applications; providing criminal penalties; providing
   11         an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 934.425, Florida Statutes, is created to
   16  read:
   17         934.425 Installation of tracking devices or tracking
   18  applications; exceptions; penalties.—
   19         (1) As used in this section, the term:
   20         (a) “Business entity” means any form of corporation,
   21  partnership, association, cooperative, joint venture, business
   22  trust, or sole proprietorship that conducts business in this
   23  state.
   24         (b) “Person” means an individual and does not mean a
   25  business entity.
   26         (c) “Tracking application” means any software program whose
   27  primary purpose is to track or identify the location or movement
   28  of an individual.
   29         (d) “Tracking device” means any device whose primary
   30  purpose is to reveal its location or movement by the
   31  transmission of electronic signals.
   32         (2) Except as provided in subsection (4), a person may not
   33  knowingly install a tracking device or tracking application on
   34  another person’s property without the other person’s consent.
   35         (3) For purposes of this section, a person’s consent is
   36  presumed to be revoked if:
   37         (a) The consenting person and the person to whom consent
   38  was given are lawfully married and one person files a petition
   39  for dissolution of marriage from the other; or
   40         (b) The consenting person or the person to whom consent was
   41  given files an injunction for protection against the other
   42  person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
   43  784.0485.
   44         (4) This section does not apply to:
   45         (a) A law enforcement officer as defined in s. 943.10, or
   46  any local, state, federal, or military law enforcement agency,
   47  that lawfully installs a tracking device or tracking application
   48  on another person’s property as part of a criminal
   49  investigation.
   50         (b) A parent or legal guardian of a minor child that
   51  installs a tracking device or tracking application on the minor
   52  child’s property if:
   53         1. The parents or legal guardians are lawfully married to
   54  each other and are not separated or otherwise living apart, and
   55  either parent or legal guardian consents to the installation of
   56  the tracking device or tracking application;
   57         2. The parent or legal guardian is the sole surviving
   58  parent or legal guardian of the minor child;
   59         3. The parent or legal guardian has sole custody of the
   60  minor child; or
   61         4. The parents or legal guardians are divorced, separated,
   62  or otherwise living apart and both consent to the installation
   63  of the tracking device or tracking application.
   64         (c)A caregiver of an elderly person or disabled adult, as
   65  those terms are defined in s. 825.101, if the elderly person’s
   66  or disabled adult’s treating physician certifies that the
   67  installation of a tracking device or tracking application onto
   68  the elderly person’s or disabled adult’s property is necessary
   69  to ensure the safety of the elderly person or disabled adult.
   70         (d)A person acting in good faith on behalf of a business
   71  entity for a legitimate business purpose.
   72         (5)A person who violates this section commits a
   73  misdemeanor of the second degree, punishable as provided in s.
   74  775.082 or s. 775.083.
   75         Section 2. This act shall take effect October 1, 2015.