Bill Text: FL S0298 | 2016 | Regular Session | Comm Sub
Bill Title: Installation of Tracking Devices or Tracking Applications
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-04 - Laid on Table [S0298 Detail]
Download: Florida-2016-S0298-Comm_Sub.html
Florida Senate - 2016 CS for CS for SB 298 By the Committees on Rules; and Criminal Justice; and Senator Evers 595-04084-16 2016298c2 1 A bill to be entitled 2 An act relating to installation of tracking devices or 3 tracking applications; amending s. 934.425, F.S.; 4 revising exceptions to a prohibition on the 5 installation of tracking devices or tracking 6 applications to specify that the exception applies 7 only to private investigators under certain 8 circumstances; deleting a provision concerning persons 9 engaged in private investigation; reenacting s. 10 493.6118(1)(y), F.S., relating to grounds for 11 disciplinary action, to incorporate the amendment made 12 to s. 934.425, F.S., in a reference thereto; providing 13 an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (d) of subsection (4) of section 18 934.425, Florida Statutes, is amended to read: 19 934.425 Installation of tracking devices or tracking 20 applications; exceptions; penalties.— 21 (4) This section does not apply to: 22 (d) A person acting in good faith on behalf of a business 23 entity for a legitimate business purpose. This paragraph does 24 not apply to a person engaged in private investigation, as 25 defined in s. 493.6101, on behalf of another person, except 26 that: 27 1. A person or business entity that is exempt under 28 paragraph (b), paragraph (c), or paragraph (e) may hire a 29 private investigator to install a tracking device or tracking 30 application consistent with the applicable exemption. 31 2. A private investigator may install a tracking device or 32 tracking application pursuant to a lawful court orderunless33such activities would otherwise be exempt under this subsection34if performed by the person engaging the private investigator. 35 Section 2. For the purpose of incorporating the amendment 36 made by this act to section 934.425, Florida Statutes, in a 37 reference thereto, paragraph (y) of subsection (1) of section 38 493.6118, Florida Statutes, is reenacted to read: 39 493.6118 Grounds for disciplinary action.— 40 (1) The following constitute grounds for which disciplinary 41 action specified in subsection (2) may be taken by the 42 department against any licensee, agency, or applicant regulated 43 by this chapter, or any unlicensed person engaged in activities 44 regulated under this chapter. 45 (y) Installation of a tracking device or tracking 46 application in violation of s. 934.425. 47 Section 3. This act shall take effect October 1, 2016.