Tougher Penalties for Illegal Tracking

Florida lawmakers have taken decisive action to combat the growing threat of unauthorized tracking devices, with tougher penalties coming into effect on October 1, 2025. State Senator Tom Leek introduced SB 1168,  the latest Florida GPS tracking law, in an effort to enhance criminal penalties for those who exploit tracking technology for illegal purposes. The rise of consumer tracking devices like Apple AirTags has created new opportunities for criminals to stalk, harass, and commit violent crimes against unsuspecting victims.

Given the significant increase in penalties under the new law, prosecutors could charge anyone who uses a tracking device unlawfully, including up to 15 years in prison and substantial fines if the conduct is tied to a dangerous crime. At Florida Criminal Defense Attorney, we are here to help you understand your rights, navigate complex legal procedures, and build a strong defense strategy tailored to your specific situation.

Understanding Illegal Tracking Under Florida Law

The new Florida GPS tracking law defines unauthorized tracking as the intentional placement of a tracking device on another person’s property without their consent.

The statute encompasses a broad range of tracking technologies that have become increasingly accessible to the general public:

• GPS devices physically attached to vehicles
• Location-tracking applications installed on smartphones
• Apple AirTag devices concealed in personal belongings
• Bluetooth trackers hidden in purses, bags, or clothing
• Smartwatches with location capabilities
• Tile trackers and similar consumer devices

Domestic situations with deteriorating relationships often lead to unauthorized tracking violations. Common scenarios include:

• Estranged spouses hiding trackers during separation proceedings
• Ex-partners monitoring former romantic interests after breakups
• Employers secretly tracking employee vehicles without disclosure
• Parents monitoring adult children or co-parents during custody disputes

The law recognizes that individuals can revoke consent under specific circumstances. Filing a divorce petition, obtaining a protective injunction, or experiencing a relationship breakdown automatically invalidates any previous tracking consent. These legal markers establish clear boundaries where continued tracking becomes criminal.

The New Florida GPS Tracking Law: What You Need to Know

Senate Bill 1168 (SB 1168) represents the state’s commitment to implementing tougher penalties for illegal tracking violations.  Here is a breakdown of the current law and the new SB 1168 provisions.

Current Florida GPS Tracking Law

Unauthorized GPS tracking has been treated as a third-degree felony in Florida since 2015. The recent change under SB 1168 does not alter that baseline penalty, but instead creates a higher, second-degree felony classification when the tracking is connected to dangerous crimes.

Regardless, third-degree felony penalties carry substantial consequences:

• Up to 5 years imprisonment
• 5 years probation
• $5,000 maximum fine

Changes to the Florida GPS tracking law due to SB 1168

Senate Bill 1168 introduces a two-tiered penalty structure that addresses the severity of tracking-related crimes. When tracking devices facilitate serious criminal activities, including murder, robbery, sexual assault, kidnapping, extortion, or terrorism, the legislation elevates charges to second-degree felony status.

The enhanced penalties under SB 1168’s provisions include:

• Up to 15 years in prison
• $10,000 maximum fines
• Extended probationary periods

Lawmakers across both parties unanimously supported the bill, demonstrating widespread recognition of the urgent need for stronger deterrents against unauthorized surveillance.

Criminal Activities Targeted by the Enhanced Florida GPS Tracking Law

The enhanced Florida GPS tracking law addresses a wide range of criminal activities that misuse tracking technology to harm victims. Law enforcement agencies have recorded many instances where wrongdoers use these devices as weapons to carry out serious crimes.

Stalking with Trackers

One of the most common violations targeted by this law is stalking with trackers. Offenders discreetly attach Apple AirTags or similar Bluetooth devices to the vehicles, bags, or personal belongings of their victims. These cases frequently involve:

• Former partners keeping tabs on ex-spouses or ex-girlfriends after breakups
• Individuals tracking colleagues or acquaintances without permission
• Harassment campaigns that escalate into threats or physical harm

Vehicle Theft Using Trackers

Another major concern is vehicle theft using trackers. Criminal organizations employ tracking devices to:

• Monitor high-value vehicles before planning thefts
• Keep an eye on delivery trucks carrying valuable cargo
• Identify patterns in victims’ daily activities to time robberies effectively

Other Criminal Activities

The misuse of tracking devices extends beyond stalking and vehicle theft. Here are some additional criminal activities that the law aims to address:

• Drug trafficking operations using these devices to keep tabs on law enforcement activities and coordinate smuggling routes.
• Corporate espionage cases involving competitors placing trackers on business vehicles to gather information about client meetings, delivery schedules, and operational patterns.

The legislation’s increased penalties reflect the seriousness of these crimes and their potential to escalate into violent offenses.

Legal Exceptions in Florida’s Enhanced GPS Tracking Law

The Florida GPS tracking law, as outlined in Florida Statute § 934.425, recognizes specific circumstances where tracking device usage remains lawful despite enhanced penalties. Understanding these exceptions is essential for individuals navigating the complex consent requirements established under this statute.

1. Parental Rights and Vehicle Ownership

Parents have the legal right to monitor their minor children using tracking devices when certain conditions are met:

• The parent owns the vehicle being tracked
• The child being monitored is under 18 years old
• The tracking is done for legitimate purposes of parental supervision

This exception acknowledges parental responsibility while protecting family relationships from criminal prosecution.

2. Law Enforcement Authorization

Police and investigative agencies can use tracking devices through proper legal channels:

• Valid search warrants issued by competent courts
• Judicial order for monitoring (for example, GPS ankle monitors)

3. Authorized Caregiving Situations

Legal guardians and appointed caregivers have the right to use tracking devices when:

• Court orders establish guardianship authority
• Elderly individuals need safety monitoring
• Legal documentation supports the caregiver relationship

These exceptions balance individual privacy rights with legitimate safety concerns and legal responsibilities.

4. Legitimate Business Use and Fleet Management

The law also has an exception for a person acting in good faith on behalf of a business entity for a legitimate business purpose. Examples include:

• Tracking company-owned vehicles
• Using GPS trackers on equipment or goods to prevent theft
• Monitoring employee location for safety and emergency response

Importantly, the business-use exception does not extend to private investigators or anyone tracking individuals for personal gain or surveillance purposes. Using a GPS device in this way would violate § 934.425 and could result in criminal charges, including third- or second-degree felony penalties depending on the circumstances.

Seeking Legal Defense Against Charges Under The Enhanced Florida GPS Tracking Law

If you are facing charges under Florida’s enhanced GPS tracking law, it is important to take immediate action and seek help from qualified Florida criminal defense lawyers. These cases can be complex and require specialized knowledge of both technology and criminal law. Having an experienced Florida defense attorney by your side is crucial to protect your rights and freedom.

Defense Strategies for the New Florida GPS Tracking Law

Florida defense attorneys employ various defense strategies tailored to specific case circumstances in response to the new Florida GPS tracking law:

• Lack of Intent: Demonstrating that you did not have knowledge or criminal intent when the tracking device was installed
• Consent Defense: Proving that valid consent was given at the time of installation, even if it was later revoked
• Constitutional Violations: Challenging any evidence obtained through illegal searches or seizures
• Technical Defenses: Questioning the accuracy and reliability of the tracking device evidence
• Mistaken Identity: Establishing that someone else installed or controlled the tracking device

Every GPS tracking case is unique and has its own set of facts. This is why at Florida Criminal Defense Attorney, we understand the importance of tailoring our defense strategies to fit each individual case. By intervening early on, our criminal defense attorneys can gather important evidence, interview witnesses, and identify any potential constitutional violations before they become irreversible disadvantages in court proceedings.

FAQs (Frequently Asked Questions)

What is the new Florida GPS tracking law and what changes does SB 1168 introduce?

Florida’s new GPS tracking law, amended by SB 1168, escalates the unauthorized use of tracking devices from a third-degree felony to a second-degree felony when the tracking is used to commit or facilitate a dangerous crime.

How does Florida law define illegal tracking and what devices are commonly involved?

Under Florida Statute § 934.425, illegal tracking refers to the unauthorized use of devices to monitor someone’s location without consent. Commonly involved devices include Apple AirTags and Bluetooth trackers, which when used without authorization, violate Florida’s GPS tracking laws.

What criminal activities does the enhanced Florida GPS tracking law aim to address?

The updated Florida GPS tracking law targets crimes, such as stalking facilitated by trackers like AirTags, harassment, and vehicle theft or robberies planned using illegal trackers.

Are there any legal exceptions under the new Florida GPS tracking law for using tracking devices?

Yes, the law provides exceptions where tracker use is lawful. These include parents monitoring their minor children, law enforcement with judicial approval, caregivers of the elderly or disabled, and businesses tracking their assets for legitimate purposes.

What are the potential penalties for violating Florida’s enhanced GPS tracking laws?

Violations can lead to severe penalties including third-degree felony charges carrying up to 5 years imprisonment and $5,000 fines. Serious offenses may escalate to second-degree felonies with potential sentences up to 15 years in prison and fines reaching $10,000 as per SB 1168 provisions.

Why should I hire a Florida criminal defense attorney if I’m charged under the enhanced GPS tracking law?

These cases are complex and involve both technology and criminal law. An experienced Florida defense attorney can protect your rights, navigate procedural requirements, and develop a strategy tailored to your situation.

Have You Been Charged Under Florida’s GPS Tracking Law?

Your freedom depends on securing experienced legal representation without delay. The new provisions under SB 1168 require a Florida criminal defense attorney who understands both the technical aspects of tracking device cases and the evolving legal landscape.

Don’t navigate these serious charges alone. The prosecution will use every available resource to secure a conviction. You deserve the same level of dedicated advocacy. Get a free consultation with one of our experienced Florida criminal defense lawyers who specialize in tracking device violations. The sooner you act, the better your chances of achieving a favorable outcome in your case.