Technology has made it easier than ever to keep tabs on our belongings — and unfortunately, on other people. With devices like Apple AirTags and smartphone tracking apps now part of everyday life, Florida lawmakers have taken major steps to regulate the use of electronic tracking tools.
Beginning October 1, 2025, the amended Florida Statute §934.425 significantly increases penalties for the unauthorized use of tracking devices, especially in situations involving domestic relationships, stalking allegations, or dangerous felony offenses.
Whether someone places a GPS device under a car bumper, uses an AirTag inside a purse, or installs a tracking app on a partner’s phone, the legal implications are now serious — and in many cases, felony-level serious.
What the New Law Makes Illegal
Florida’s statute now criminalizes:
· Installing or placing a tracking device or app on someone else’s property without their knowledge or consent, and
·Using that device or app to monitor that person’s movements or location.
Under the amendment, the penalties escalate dramatically if the tracking was done:
· To commit a dangerous crime, or
· To assist in committing a dangerous crime
In those scenarios, the offense rises to a second-degree felony — punishable by up to 15 years in prison.
Even without a dangerous-crime connection, the unauthorized use of a tracking device remains a third-degree felony.
The AirTag Era and Law Enforcement Focus
While GPS devices have existed for years, the explosion of Apple AirTag-related cases has accelerated legislative action.
Examples now appearing in police reports:
· One partner hiding an AirTag in a diaper bag during a breakup
· A spouse placing a device on a shared vehicle to track whereabouts
· Ex-partners secretly using phone-tracking apps after separating
· Domestic violence injunction cases involving hidden tracking devices
Law enforcement agencies across Florida now treat these investigations seriously, often in tandem with domestic violence, stalking, or harassment charges.
The Owner / Lessee Exception
The statute does not apply when a person installs a tracking device on:
· Their own property, or
· A vehicle they own or lease
However — and this is important — this exception does not protect someone who uses tracking to violate a court order, such as a no-contact injunction or domestic violence injunction.
It also doesn’t excuse surveillance tied to criminal intent.
Many defendants mistakenly assume “I own the car” is a defense. Under the revised law, that argument may not hold up.
The Revoked-Consent Rule (Key Update)
The statute also addresses situations where tracking was previously consensual — for example, shared location settings between spouses or partners.
Under the new law, consent to track is automatically revoked by law when:
1. A petition for an injunction (restraining order) is filed, or
2. A dissolution of marriage case (divorce) is filed
From that point forward, any continued tracking becomes illegal, even if both parties previously shared access voluntarily.
This is a major change impacting many everyday situations — especially when partners separate and emotions run high.
Why This Law Matters for Criminal Defense
These cases often arise out of messy personal disputes, not malicious intentions. Yet the amended statute creates room for felony prosecution and enhanced penalties.
A defense strategy may involve:
· Challenging whether consent was clearly revoked
· Demonstrating lawful ownership or lease rights
· Contesting whether the device was used for criminal purposes
· Suppressing unlawfully obtained digital evidence
· Negotiating charges down in early pre-filing stages
We are also seeing this statute intersect with domestic violence injunctions, stalking allegations, and family-law-adjacent criminal exposure.
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Facing a Tracking or Cyber-Stalking Charge in Pinellas County?
Fletcher + Fletcher represents clients throughout St. Petersburg, Clearwater, Gulfport, and Pinellas County in cases involving:
· Illegal tracking device allegations
· Domestic violence-related technology charges
· Stalking & cyber-stalking
· Digital evidence suppression
· Injunction-related criminal exposure
Contact us today for a confidential consultation. Your rights, your future, your defense — protected.
