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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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.