Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 758
       
       
       
       
       
       
                                Ì263432~Î263432                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2024           .                                
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       The Committee on Judiciary (Martin) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 51 - 106
    4  and insert:
    5  that lawfully installs, places, or uses a tracking device or
    6  tracking application on another person’s property as part of a
    7  criminal investigation.
    8         (b) A parent or legal guardian of a minor child who
    9  installs, places, or uses a tracking device or tracking
   10  application on the minor child’s property if:
   11         1. The parents or legal guardians are lawfully married to
   12  each other and are not separated or otherwise living apart, and
   13  either parent or legal guardian consents to the installation,
   14  placement, or use of the tracking device or tracking
   15  application;
   16         2. The parent or legal guardian is the sole surviving
   17  parent or legal guardian of the minor child;
   18         3. The parent or legal guardian has sole custody of the
   19  minor child; or
   20         4. The parents or legal guardians are divorced, separated,
   21  or otherwise living apart and both consent to the installation,
   22  placement, or use of the tracking device or tracking
   23  application.
   24         (c) A caregiver of an elderly person or disabled adult, as
   25  those terms are defined in s. 825.101, if the elderly person’s
   26  or disabled adult’s treating physician certifies that the
   27  installation or placement of a tracking device or tracking
   28  application onto the elderly person’s or disabled adult’s
   29  property or the use of a tracking device or tracking application
   30  to determine the location or movement of the elderly person or
   31  disabled person or his or her property is necessary to ensure
   32  the safety of the elderly person or disabled adult.
   33         (d) A person acting in good faith on behalf of a business
   34  entity for a legitimate business purpose. This paragraph does
   35  not apply to a person engaged in private investigation, as
   36  defined in s. 493.6101, on behalf of another person unless such
   37  activities would otherwise be exempt under this subsection if
   38  performed by the person engaging the private investigator.
   39         (e) An owner or lessee of a motor vehicle that installs,
   40  places, or uses, or directs the installation, placement, or use
   41  of, a tracking device or tracking application on such vehicle
   42  during the period of ownership or lease, provided that:
   43         1. The tracking device or tracking application is removed
   44  before the vehicle’s title is transferred or the vehicle’s lease
   45  expires;
   46         2. The new owner of the vehicle, in the case of a sale, or
   47  the lessor of the vehicle, in the case of an expired lease,
   48  consents in writing to the nonremoval of the tracking device or
   49  tracking application; or
   50         3. The owner of the vehicle at the time of the installation
   51  or placement of the tracking device or tracking application was
   52  the original manufacturer of the vehicle and the next owner of
   53  the vehicle was informed of the location and how to remove the
   54  device before the vehicle title is transferred.
   55         (5) A person who violates this section commits a felony
   56  misdemeanor of the third second degree, punishable as provided
   57  in s. 775.082, or s. 775.083, or s. 775.084.
   58         Section 2. Paragraph (y) of subsection (1) of section
   59  493.6118, Florida Statutes, is amended to read:
   60         493.6118 Grounds for disciplinary action.—
   61         (1) The following constitute grounds for which disciplinary
   62  action specified in subsection (2) may be taken by the
   63  department against any licensee, agency, or applicant regulated
   64  by this chapter, or any unlicensed person engaged in activities
   65  regulated under this chapter:
   66         (y) Installation, placement, or use of a tracking device or
   67  tracking