Florida Senate - 2016                       CS for CS for SB 298
       By the Committees on Rules; and Criminal Justice; and Senator
       595-04084-16                                           2016298c2
    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 exceptions to a prohibition on the
    5         installation of tracking devices or tracking
    6         applications to specify that the exception applies
    7         only to private investigators under certain
    8         circumstances; deleting a provision concerning persons
    9         engaged in private investigation; reenacting s.
   10         493.6118(1)(y), F.S., relating to grounds for
   11         disciplinary action, to incorporate the amendment made
   12         to s. 934.425, F.S., in a reference thereto; providing
   13         an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraph (d) of subsection (4) of section
   18  934.425, Florida Statutes, is amended to read:
   19         934.425 Installation of tracking devices or tracking
   20  applications; exceptions; penalties.—
   21         (4) This section does not apply to:
   22         (d) A person acting in good faith on behalf of a business
   23  entity for a legitimate business purpose. This paragraph does
   24  not apply to a person engaged in private investigation, as
   25  defined in s. 493.6101, on behalf of another person, except
   26  that:
   27         1. A person or business entity that is exempt under
   28  paragraph (b), paragraph (c), or paragraph (e) may hire a
   29  private investigator to install a tracking device or tracking
   30  application consistent with the applicable exemption.
   31         2. A private investigator may install a tracking device or
   32  tracking application pursuant to a lawful court order unless
   33  such activities would otherwise be exempt under this subsection
   34  if performed by the person engaging the private investigator.
   35         Section 2. For the purpose of incorporating the amendment
   36  made by this act to section 934.425, Florida Statutes, in a
   37  reference thereto, paragraph (y) of subsection (1) of section
   38  493.6118, Florida Statutes, is reenacted to read:
   39         493.6118 Grounds for disciplinary action.—
   40         (1) The following constitute grounds for which disciplinary
   41  action specified in subsection (2) may be taken by the
   42  department against any licensee, agency, or applicant regulated
   43  by this chapter, or any unlicensed person engaged in activities
   44  regulated under this chapter.
   45         (y) Installation of a tracking device or tracking
   46  application in violation of s. 934.425.
   47         Section 3. This act shall take effect October 1, 2016.