Florida Senate - 2016 CS for CS for SB 298
By the Committees on Rules; and Criminal Justice; and Senator
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
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
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.