Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 298
       
       
       
       
       
       
                                Ì925560#Î925560                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/02/2015           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 18 - 33
    4  and insert:
    5         Section 1. Paragraphs (a), (b), and (d) of subsection (4)
    6  of section 934.425, Florida Statutes, are 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         (a) A law enforcement officer as defined in s. 943.10, or
   11  any local, state, federal, or military law enforcement agency,
   12  the Florida Department of Corrections, or the Florida Department
   13  of Juvenile Justice that lawfully installs a tracking device or
   14  tracking application on another person’s property as part of a
   15  criminal investigation.
   16         (b) A parent or legal guardian of a minor child who
   17  installs a tracking device or tracking application on the minor
   18  child’s property if:
   19         1. The parents or legal guardians are lawfully married to
   20  each other and are not separated or otherwise living apart, and
   21  either parent or legal guardian consents to the installation of
   22  the tracking device or tracking application;
   23         2. The parent or legal guardian is the sole surviving
   24  parent or legal guardian of the minor child;
   25         3. The parent or legal guardian has sole custody of the
   26  minor child; or
   27         4. The parents or legal guardians are divorced, separated,
   28  or otherwise living apart and both consent to the installation
   29  of the tracking device or tracking application, or if a
   30  separation or divorce decree authorizes such installation.
   31         (d) A person acting in good faith on behalf of a business
   32  entity for a legitimate business purpose. This paragraph does
   33  not apply to:
   34         1. A person engaged in private investigation, as defined in
   35  s. 493.6101, on behalf of another person, unless any of the
   36  following circumstances apply:
   37         a. Such activities would otherwise be exempt under this
   38  subsection if performed by the person engaging the private
   39  investigator;.
   40         b. The installation of a tracking device or tracking
   41  application on another person’s property is authorized by an
   42  order issued by a court of this state;
   43         c. The installation of a tracking device or tracking
   44  application is for the purpose of locating a person known to be
   45  a fugitive from justice; or
   46         d.  The installation of a tracking device or tracking
   47  application is for the purpose of locating lost or stolen
   48  property or locating assets that have been awarded by the court.
   49         2. A private investigator who is working on behalf of a
   50  client who is subject to a no contact order or an injunction for
   51  protection, or a private investigator who knows or has reason to
   52  know that a person seeking his or her investigative services is
   53  involved in the commission of a crime or an unlawful act.
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete lines 4 - 11
   58  and insert:
   59         revising exceptions to the prohibition on installation
   60         of tracking devices or tracking applications;
   61         authorizing the Florida Department of Corrections and
   62         the Florida Department of Juvenile Justice to lawfully
   63         install a tracking device or tracking application on
   64         another person’s property as part of a criminal
   65         investigation; authorizing parents or legal guardians
   66         who are separated or divorced to install a tracking
   67         device or tracking application on their minor child’s
   68         property if a separation or divorce decree authorizes
   69         such installation; specifying circumstances in which a
   70         private investigator is authorized to or prohibited
   71         from installing a tracking device or tracking
   72         application; reenacting s. 493.6118(1)(y), F.S.,