Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 298
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/24/2016           .                                

       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
   14  that:
   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 unless
   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.