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.