Florida Senate - 2014                                     SB 180
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00237C-14                                           2014180__
    1                        A bill to be entitled                      
    2         An act relating to vehicle tracking; amending s.
    3         784.048, F.S.; providing that a specified use of a
    4         tracking device satisfies the element of “willfully
    5         following” for the purposes of the crime of stalking;
    6         creating s. 860.30, F.S.; prohibiting a person from
    7         installing a tracking device on a vehicle without the
    8         informed consent of the owner; providing a criminal
    9         penalty; providing an exception for a law enforcement
   10         officer or governmental entity in certain
   11         circumstances; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (8) and (9) of section
   16  784.048, Florida Statutes, are renumbered as subsections (9) and
   17  (10), respectively, and a new subsection (8) is added to that
   18  section, to read:
   19         784.048 Stalking; definitions; penalties.—
   20         (8) A violation of s. 860.30 satisfies the element of
   21  willfully following for the purposes of this section.
   22         Section 2. Section 860.30, Florida Statutes, is created to
   23  read:
   24         860.30 Unauthorized installation of tracking device.—
   25         (1) Without the informed consent of the owner of a vehicle,
   26  a person may not install on a vehicle a tracking device that is
   27  able to:
   28         (a) Record and store a history of the physical location of
   29  the vehicle for later retrieval; or
   30         (b) Transmit the physical location of the vehicle to
   31  another party.
   32         (2) A person who violates this section commits a
   33  misdemeanor of the second degree, punishable as provided in s.
   34  775.082 or s. 775.083.
   35         (3) This section does not limit the ability of a law
   36  enforcement officer or governmental entity to track the location
   37  of a vehicle; however, the law enforcement officer or
   38  governmental entity must first obtain a search warrant
   39  authorizing the placement of a tracking device.
   40         Section 3. This act shall take effect upon becoming a law.