ENROLLED
       2024 Legislature                                   CS for SB 758
       
       
       
       
       
       
                                                              2024758er
    1  
    2         An act relating to tracking devices and applications;
    3         amending s. 934.425, F.S.; prohibiting the placement
    4         or use of a tracking device or tracking application to
    5         determine the location or movement of another person
    6         or another person’s property without that person’s
    7         consent; revising exceptions; providing criminal
    8         penalties; conforming provisions to changes made by
    9         the act; amending s. 493.6118, F.S.; conforming a
   10         provision to changes made by the act; providing an
   11         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 amended to
   16  read:
   17         934.425 Installation or use 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) “Tracking application” means any software program whose
   25  primary purpose is to track or identify the location or movement
   26  of an individual.
   27         (c) “Tracking device” means any device whose primary
   28  purpose is to reveal its location or movement by the
   29  transmission of electronic signals.
   30         (d) “Person” means an individual but does not include a
   31  business entity.
   32         (2) Except as provided in subsection (4), a person may not
   33  knowingly:
   34         (a) Install or place a tracking device or tracking
   35  application on another person’s property without that the other
   36  person’s consent; or
   37         (b)Use a tracking device or tracking application to
   38  determine the location or movement of another person or another
   39  person’s property without that person’s consent.
   40         (3) For purposes of this section, a person’s consent is
   41  presumed to be revoked if:
   42         (a) The consenting person and the person to whom consent
   43  was given are lawfully married and one person files a petition
   44  for dissolution of marriage from the other; or
   45         (b) The consenting person or the person to whom consent was
   46  given files an injunction for protection against the other
   47  person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
   48  784.0485.
   49         (4) This section does not apply to:
   50         (a) A law enforcement officer as defined in s. 943.10, or
   51  any local, state, federal, or military law enforcement agency,
   52  that lawfully installs, places, or uses a tracking device or
   53  tracking application on another person’s property as part of a
   54  criminal investigation.
   55         (b) A parent or legal guardian of a minor child who
   56  installs, places, or uses a tracking device or tracking
   57  application on the minor child’s property if:
   58         1. The parents or legal guardians are lawfully married to
   59  each other and are not separated or otherwise living apart, and
   60  either parent or legal guardian consents to the installation,
   61  placement, or use of the tracking device or tracking
   62  application;
   63         2. The parent or legal guardian is the sole surviving
   64  parent or legal guardian of the minor child;
   65         3. The parent or legal guardian has sole custody of the
   66  minor child; or
   67         4. The parents or legal guardians are divorced, separated,
   68  or otherwise living apart and both consent to the installation,
   69  placement, or use of the tracking device or tracking
   70  application.
   71         (c) A caregiver of an elderly person or disabled adult, as
   72  those terms are defined in s. 825.101, if the elderly person’s
   73  or disabled adult’s treating physician certifies that the
   74  installation or placement of a tracking device or tracking
   75  application onto the elderly person’s or disabled adult’s
   76  property or the use of a tracking device or tracking application
   77  to determine the location or movement of the elderly person or
   78  disabled person or his or her property is necessary to ensure
   79  the safety of the elderly person or disabled adult.
   80         (d) A person acting in good faith on behalf of a business
   81  entity for a legitimate business purpose. This paragraph does
   82  not apply to a person engaged in private investigation, as
   83  defined in s. 493.6101, on behalf of another person unless such
   84  activities would otherwise be exempt under this subsection if
   85  performed by the person engaging the private investigator.
   86         (e) An owner or lessee of a motor vehicle that installs,
   87  places, or uses, or directs the installation, placement, or use
   88  of, a tracking device or tracking application on such vehicle
   89  during the period of ownership or lease, provided that:
   90         1. The tracking device or tracking application is removed
   91  before the vehicle’s title is transferred or the vehicle’s lease
   92  expires;
   93         2. The new owner of the vehicle, in the case of a sale, or
   94  the lessor of the vehicle, in the case of an expired lease,
   95  consents in writing to the nonremoval of the tracking device or
   96  tracking application; or
   97         3. The owner of the vehicle at the time of the installation
   98  or placement of the tracking device or tracking application was
   99  the original manufacturer of the vehicle and the next owner of
  100  the vehicle was informed of the location and how to remove the
  101  device before the vehicle title is transferred.
  102         (5) A person who violates this section commits a felony
  103  misdemeanor of the third second degree, punishable as provided
  104  in s. 775.082, or s. 775.083, or s. 775.084.
  105         Section 2. Paragraph (y) of subsection (1) of section
  106  493.6118, Florida Statutes, is amended to read:
  107         493.6118 Grounds for disciplinary action.—
  108         (1) The following constitute grounds for which disciplinary
  109  action specified in subsection (2) may be taken by the
  110  department against any licensee, agency, or applicant regulated
  111  by this chapter, or any unlicensed person engaged in activities
  112  regulated under this chapter:
  113         (y) Installation, placement, or use of a tracking device or
  114  tracking application in violation of s. 934.425.
  115         Section 3. This act shall take effect October 1, 2024.