Title: Installation of Tracking Devices or Tracking Applications

Summary: Authorizes certain persons, business entities, & private investigators to install tracking devices or tracking applications; removes provision concerning persons engaging private investigators.

Full Text:
An act relating to installation of tracking devices or tracking applications; amending s. 934.425, F.S.; authorizing certain persons, business entities, and private investigators to install tracking devices or tracking applications under certain circumstances; deleting a provision concerning persons engaging private investigators; reenacting s. 493.6118(1)(y), F.S., relating to grounds for disciplinary action, to incorporate the amendment made to s. 934.425, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) of subsection (4) of section 934.425, Florida Statutes, is ame nded to read: 934.425 Installation of tracking devices or tracking applications; exceptions; penalties.-(4) This section does not apply to: (d) A person acting in good faith on behalf of a business entity for a legitimate business purpose. This para graph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person,except that: 1. A person or business entity that is exempt under paragraph (b), paragraph (c), or paragraph (e) may hire a CS/HB 2016 private investigator to install a tracking device or tracking application consistent with the applicable exemption. 2. A private investigator may install a tracking device or tracking application pursuant to a lawful court order unless such activities would othe rwise be exempt under this subsection if performed by the person engaging the private investigator.Section 2. For the purpose of incorporating the amendment made by this act to section 934.425, Florida Statutes, in a reference thereto, paragraph (y) of subsection (1) of section 493.6118, Florida Statutes, is reenacted to read: 493.6118 Grounds for disciplinary action.-(1) The following constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department again st any licensee, agency, or applicant regulated by this chapter, or any unlicensed person engaged in activities regulated under this chapter. (y) Installation of a tracking device or tracking application in violation of s. 934.425. Section 3. This ac tshall take effect October 1, 2016.