USE OF TRACKING DEVICES IN CRIMES COULD RESULT IN HARSHER PENALTIES
2024: Initial Legislation Increases Penalties for Unauthorized Tracking
In 2024, Florida passed a law imposing harsher penalties on individuals who use tracking devices like Apple’s AirTag to monitor people without their consent. Prior to this, unauthorized tracking was classified as a second-degree misdemeanor, carrying a maximum jail sentence of 60 days.
Under the new law, signed by Governor Ron DeSantis and effective October 1, 2024, the offense was elevated to a third-degree felony. This change meant violators could face up to five years in prison and fines of up to $5,000.
The legislation, introduced by Representative Toby Overdorf and Senator Jonathan Martin, received unanimous bipartisan support. It aimed to address growing concerns over the misuse of AirTags and similar devices in cases of stalking, harassment, and even violent crimes. There had been multiple reported incidents—including at least two murders—where criminals used AirTags to track their victims without their knowledge.
2025: Senator Tom Leek Proposes Even Tougher Penalties
Building upon the 2024 law, Florida State Senator Tom Leek introduced Senate Bill 1168 (SB 1168) in early 2025 to impose even stricter penalties when tracking devices are used in serious crimes. The bill specifically targets cases where unauthorized tracking facilitates violent offenses such as murder, robbery, sexual assault, kidnapping, extortion, and terrorism.
Under SB 1168, the penalty for such offenses would increase from a third-degree felony to a second-degree felony. This change would raise the maximum prison sentence to 15 years and increase fines to $10,000. Senator Leek emphasized the importance of deterring criminals from using modern tracking technology to aid in dangerous crimes.
As of March 2025, SB 1168 had advanced through the Senate Appropriations Committee on Criminal and Civil Justice and was awaiting a final hearing in the Senate Rules Committee before being voted on by the full Senate. A companion bill, House Bill 663 (HB 663), sponsored by Representative Tiffany Esposito, was also progressing through the Florida House of Representatives.
These legislative efforts highlight Florida’s commitment to strengthening laws against tech-assisted crimes and ensuring stronger protections against unauthorized tracking.
In most jurisdictions, simply placing a tracker on someone’s property without their consent is illegal and can result in serious charges. However, the use of tracking devices in crimes is an even more serious offense.
How Criminals Use Tracking Devices in Crimes:
- GPS trackers (often small, cheap, and easy to hide) are placed on vehicles or in personal items to monitor someone’s location without their knowledge.
- This is common in domestic abuse cases, stalking, or harassment situations.
- The use of tracking devices in crimes is frequent with criminals who use them to follow high-value targets (like delivery trucks, luxury cars, or people leaving banks or jewelry stores).
- Once a routine is identified, they time their theft or robbery with precision.
- The use of tracking devices in crimes by thieves often involves them tracking a car to learn when it’s unattended or parked in a less secure location.
- Some steal cars and place their own tracker on them to monitor police recovery efforts and reclaim them later.
- There is often use of tracking devices in crimes by traffickers to monitor shipments, whether it’s drugs, contraband, or even human trafficking routes.
- They help ensure that their “cargo” is moving as expected or to find it again if something goes wrong.
- The use of tracking devices in crimes by high-tech criminals usually involves them planting those tracking devices on vehicles or employees of rival companies to monitor movements, meetings, or logistics routes.
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With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs. If you have questions about any of the new Florida Laws in 2025, we’re here to help.
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