Florida Senate - 2016                                     SB 298
       By Senator Evers
       2-00354-16                                             2016298__
    1                        A bill to be entitled                      
    2         An act relating to installation of tracking devices or
    3         tracking applications; amending s. 934.425, F.S.;
    4         revising an exception to a prohibition on the
    5         installation of tracking devices or applications to
    6         specify that the exception does not apply to the
    7         installation of such devices or applications when done
    8         through intentionally deceptive means or when done
    9         knowingly in the commission of a crime; deleting a
   10         provision concerning persons engaged in private
   11         investigation; reenacting s. 493.6118(1)(y), F.S.,
   12         relating to grounds for disciplinary action, to
   13         incorporate the amendment made to s. 934.425, F.S., in
   14         a reference thereto; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (d) of subsection (4) of section
   19  934.425, Florida Statutes, is amended to read:
   20         934.425 Installation of tracking devices or tracking
   21  applications; exceptions; penalties.—
   22         (4) This section does not apply to:
   23         (d) A person acting in good faith on behalf of a business
   24  entity for a legitimate business purpose. This paragraph does
   25  not apply to a person who, on behalf of a business entity or an
   26  individual, installs or places an electronic tracking device or
   27  application through intentionally deceptive means and without
   28  consent or installs or places an electronic tracking device or
   29  application knowingly in the commission of a crime engaged in
   30  private investigation, as defined in s. 493.6101, on behalf of
   31  another person unless such activities would otherwise be exempt
   32  under this subsection if performed by the person engaging the
   33  private investigator.
   34         Section 2. For the purpose of incorporating the amendment
   35  made by this act to section 934.425, Florida Statutes, in a
   36  reference thereto, paragraph (y) of subsection (1) of section
   37  493.6118, Florida Statutes, is reenacted to read:
   38         493.6118 Grounds for disciplinary action.—
   39         (1) The following constitute grounds for which disciplinary
   40  action specified in subsection (2) may be taken by the
   41  department against any licensee, agency, or applicant regulated
   42  by this chapter, or any unlicensed person engaged in activities
   43  regulated under this chapter.
   44         (y) Installation of a tracking device or tracking
   45  application in violation of s. 934.425.
   46         Section 3. This act shall take effect July 1, 2016.