Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 298
Senate . House
Comm: RCS .
The Committee on Rules (Lee) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (4) of section
6 934.425, Florida Statutes, is amended to read:
7 934.425 Installation of tracking devices or tracking
8 applications; exceptions; penalties.—
9 (4) This section does not apply to:
10 (d) A person acting in good faith on behalf of a business
11 entity for a legitimate business purpose. This paragraph does
12 not apply to a person engaged in private investigation, as
13 defined in s. 493.6101, on behalf of another person, except
15 1. A person or business entity that is exempt under
16 paragraph (b), paragraph (c), or paragraph (e) may hire a
17 private investigator to install a tracking device or tracking
18 application consistent with the applicable exemption.
19 2. A private investigator may install a tracking device or
20 tracking application pursuant to a lawful court order
21 such activities would otherwise be exempt under this subsection
22 if performed by the person engaging the private investigator.
23 Section 2. For the purpose of incorporating the amendment
24 made by this act to section 934.425, Florida Statutes, in a
25 reference thereto, paragraph (y) of subsection (1) of section
26 493.6118, Florida Statutes, is reenacted to read:
27 493.6118 Grounds for disciplinary action.—
28 (1) The following constitute grounds for which disciplinary
29 action specified in subsection (2) may be taken by the
30 department against any licensee, agency, or applicant regulated
31 by this chapter, or any unlicensed person engaged in activities
32 regulated under this chapter.
33 (y) Installation of a tracking device or tracking
34 application in violation of s. 934.425.
35 Section 3. This act shall take effect July 1, 2016.
37 ================= T I T L E A M E N D M E N T ================
38 And the title is amended as follows:
39 Delete everything before the enacting clause
40 and insert:
41 A bill to be entitled
42 An act relating to installation of tracking devices or
43 tracking applications; amending s. 934.425, F.S.;
44 revising an exception to a prohibition on the
45 installation of tracking devices or applications to
46 specify that the exception applies only to private
47 investigators under certain circumstances; deleting a
48 provision concerning persons engaged in private
49 investigation; reenacting s. 493.6118(1)(y), F.S.,
50 relating to grounds for disciplinary action, to
51 incorporate the amendment made to s. 934.425, F.S., in
52 a reference thereto; providing an effective date.