CS/HB 401 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to tracking devices and applications; 2
amending s. 934.425, F.S.; prohibiting the placement 3
or use of a tracking device or tracking application to 4
determine the location or movement of another person 5
or another person's property without that person's 6
consent; providing criminal penalties; amending s. 7
493.6118, F.S.; conforming a provision to changes made 8
by the act; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 934.425, Florida Statutes, is amended 13
to read: 14
934.425 Installation or use of tracking devices or 15
tracking applications; exceptions; penalties. — 16
(1) As used in this sect ion, the term: 17
(a) "Business entity" means any form of corporation, 18
partnership, association, cooperative, joint venture, business 19
trust, or sole proprietorship that conducts business in this 20
state. 21
(b) "Tracking application" means any software program 22
whose primary purpose is to track or identify the location or 23
movement of an individual. 24
(c) "Tracking device" means any device whose primary 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purpose is to reveal its location or movement by the 26
transmission of electronic signals. 27
(d) "Person" means a n individual but does not include a 28
business entity. 29
(2) Except as provided in subsection (4), a person may not 30
knowingly: 31
(a) Install or place a tracking device or tracking 32
application on another person's property without that the other 33
person's consent; or 34
(b) Use a tracking device or tracking application to 35
determine the location or movement of another person or another 36
person's property without that person's consent . 37
(3) For purposes of this section, a person's consent is 38
presumed to be revoked if: 39
(a) The consenting person and the person to whom consent 40
was given are lawfully married and one person files a petition 41
for dissolution of marriage from the other; or 42
(b) The consenting person or the person to whom consent 43
was given files an injunc tion for protection against the other 44
person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 45
784.0485. 46
(4) This section does not apply to: 47
(a) A law enforcement officer as defined in s. 943.10, or 48
any local, state, federal, or military law enforcement agency, 49
that lawfully installs , places, or uses a tracking device or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
tracking application on another person's property as part of a 51
criminal investigation. 52
(b) A parent or legal guardian of a minor child who 53
installs, places, or uses a tracking device or tracking 54
application on the minor child's property if: 55
1. The parents or legal guardians are lawfully married to 56
each other and are not separated or otherwise living apart, and 57
either parent or legal guardian consents to the installation , 58
placement, or use of the tracking device or tracking 59
application; 60
2. The parent or legal guardian is the sole surviving 61
parent or legal guardian of the minor child; 62
3. The parent or legal guardian has sole custody of the 63
minor child; or 64
4. The parents or legal guardians are divorced, separated, 65
or otherwise living apart and both consent to the installation , 66
placement, or use of the tracking device or tracking 67
application. 68
(c) A caregiver of an elderly person or disabled adult, as 69
those terms are defin ed in s. 825.101, if the elderly person's 70
or disabled adult's treating physician certifies that the 71
installation or placement of a tracking device or tracking 72
application onto the elderly person's or disabled adult's 73
property or the use of a tracking devic e or tracking application 74
to determine the location or movement of the elderly person or 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disabled adult or his or her property is necessary to ensure the 76
safety of the elderly person or disabled adult. 77
(d) A person acting in good faith on behalf of a bus iness 78
entity for a legitimate business purpose. This paragraph does 79
not apply to a person engaged in private investigation, as 80
defined in s. 493.6101, on behalf of another person unless such 81
activities would otherwise be exempt under this subsection if 82
performed by the person engaging the private investigator. 83
(e) An owner or lessee of a motor vehicle that installs , 84
places, or uses, or directs the installation , placement, or use 85
of, a tracking device or tracking application on such vehicle 86
during the period of ownership or lease, provided that: 87
1. The tracking device or tracking application is removed 88
before the vehicle's title is transferred or the vehicle's lease 89
expires; 90
2. The new owner of the vehicle, in the case of a sale, or 91
the lessor of the ve hicle, in the case of an expired lease, 92
consents in writing to the nonremoval of the tracking device or 93
tracking application; or 94
3. The owner of the vehicle at the time of the 95
installation or placement of the tracking device or tracking 96
application was the original manufacturer of the vehicle. 97
(5) A person who violates this section commits a felony 98
misdemeanor of the third second degree, punishable as provided 99
in s. 775.082, or s. 775.083, or s. 775.084. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Paragraph (y) of subsection (1) of section 101
493.6118, Florida Statutes, is amended to read: 102
493.6118 Grounds for disciplinary action. — 103
(1) The following constitute grounds for which 104
disciplinary action specified in subsection (2) may be taken by 105
the department against any licensee, agen cy, or applicant 106
regulated by this chapter, or any unlicensed person engaged in 107
activities regulated under this chapter: 108
(y) Installation, placement, or use of a tracking device 109
or tracking application in violation of s. 934.425. 110
Section 3. This act shall take effect October 1, 2024. 111