Illegally Installing a Tracking Device

In June of 2015, Governor Rick Scott approved a new law restricting the use of tracking devices (sometimes called “electronic stalking”), designated as Florida Statutes Section 934.425 and amended Florida Statutes Section 493.6118.

Florida’s electronic stalking statute prohibits a person from knowingly installing a tracking device or tracking application on another person’s property without the other person’s consent.

Effective October 1, 2015, a person who violates Florida’s prohibition against installing a tracking device can be charged with a misdemeanor of the second degree, punishable by up to 60 days in jail or a $500 fine.

Attorney for Tracking Device Crimes in Florida

If you were accused of installing a tracking device or tracking application on another person’s property without consent, contact an experienced criminal defense attorney in Tampa, FL.

We fight a variety of felony and misdemeanor charges throughout the greater Tampa Bay area, including related charges for stalking or aggravated stalking.

We have offices in downtown Tampa in Hillsborough County, Clearwater in Pinellas County, and New Port Richey in Pasco County, FL.

Call (813) 250-0500 today.

Presumptions in Florida’s Electronic Stalking Statute

For purposes of the statute, a person’s consent to installing or monitoring a tracking device is presumed to be revoked if:

• The consenting person and the person to whom consent was given are lawfully married, and one person files a petition for dissolution of marriage from the other; or
• The consenting person or the person to whom consent was given files an injunction for protection against the other person under s. 741.30, s. 741.315, s. 784.046, or s. 784.0485.

Under § 934.425(1)(a), a “business entity” is defined as any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state.

The term “tracking application” is defined under § 934.425(1)(b) to mean any software program whose primary purpose is to track or identify the location or movement of an individual. A tracking device is any device whose primary purpose is to reveal its location or movement by transmitting electronic signals.

Exceptions to the Electronic Stalking Statute

Florida’s electronic stalking statute does not apply to:

• A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency that lawfully installs a tracking device or tracking application on another person’s property as part of a criminal investigation.
• A parent or legal guardian of a minor child who installs a tracking device or tracking application on the minor child’s property if:
  • The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation of the tracking device or tracking application;
  • The parent or legal guardian is the sole surviving parent or legal guardian of the minor child;
  • The parent or legal guardian has sole custody of the minor child; or
  • The parents or legal guardians are divorced, separated, or otherwise living apart, and both consent to installing the tracking device or tracking application.
• A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult;
• A person acting in good faith on behalf of a business entity for a legitimate business purpose;
• A person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator;
• An owner or lessee of a motor vehicle that installs, or directs the installation of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that:
  • The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires;
  • The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non removal of the tracking device or tracking application; or
  • The vehicle’s owner at the time of the installation of the tracking device or tracking application was the vehicle’s original manufacturer.

This article was last updated on Friday, September 13, 2024.