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.

EXPERIENCE.  STANDARDS.  RESULTS.

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.

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

For anyone with questions about the use of tracking devices in crimes, or any other legal matter, we’re always ready to assist.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: USE OF TRACKING DEVICES IN CRIMES COULD RESULT IN HARSHER PENALTIES – 4/10/25

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Florida lawmakers are moving forward with a bill that would lower the minimum age for rifle purchases, shotguns and other long guns, from 21 to 18.

This legislation seeks to undo part of a law passed in 2018 after the Parkland school shooting, which raised the purchasing age in an effort to improve public safety.  On Wednesday, March 12th, the latest version of the legislation – House Bill 759 – cleared its first committee hearing with a split vote.

The bill, introduced by Republican Rep. Michelle Salzman, recently passed its first committee in the Florida House. Supporters, including House Speaker Daniel Perez and Governor Ron DeSantis, argue that if 18-year-olds can serve in the military, they should also be able to buy firearms. DeSantis pointed out the inconsistency of allowing young adults to serve in combat yet restricting their ability to purchase a rifle for hunting.

However, opponents believe rolling back the age limit would be a dangerous step backward. Democratic Rep. Robin Bartleman strongly opposed the bill, calling it an insult to the families of Parkland victims who fought to strengthen Florida’s gun laws.

While the bill has momentum in the House, its fate in the Senate remains uncertain. Senate President Ben Albritton has not committed to supporting it and wants to carefully consider its implications. Past efforts to lower the gun-buying age have struggled in the Senate, with previous Senate President Kathleen Passidomo outright rejecting similar proposals.

If passed, the bill would align Florida’s firearm purchasing laws with federal regulations, allowing 18-year-olds to buy long guns from both licensed dealers and private sellers. However, federal law still requires individuals to be at least 21 to purchase handguns from licensed dealers.

This debate is part of a larger national conversation on gun laws. At the federal level, some lawmakers have introduced bills to lower the minimum age for purchasing handguns from 21 to 18, while others are pushing to raise age limits for certain firearms. These competing efforts highlight the ongoing divide over Second Amendment rights and public safety concerns.

If someone is charged with any type of gun, firearm or weapons violation, they need to act immediately in order to preserve every possible opportunity for a stronger defense.

Our FREE consultation will help anyone gain a better understanding of what charges they’re facing and the potential consequences.  We can begin helping right away.

OUR GUN, FIREARM AND WEAPONS VIOLATION DEFENSE LAWYERS ARE EXPERIENCED, DEDICATED AND AGGRESSIVE.

Our gun, firearm and weapons violation defense lawyers have specific experience with Florida gun crimes. We are also qualified to practice in federal courts and have experience as former prosecutors.

At Fernandez Law Group, our team of gun lawyers work diligently at scrutinizing over every single last detail in every case in order to find any flaws or errors in the police procedure.

These errors can lead to reduction in charges, fines, and sentencing. In some cases, we’ve even had cases that were completely dismissed. We will pay very close attention to your case and review it with you on a continual basis.  If you have questions about the minimum age for rifle purchases or have other questions, let’s talk.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

EXPERIENCE.  STANDARDS.  RESULTS.

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.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: BILL LOWERING MINIMUM AGE FOR RIFLE PURCHASES IN FLORIDA PASSES HOUSE – 3/27/25

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The Florida 7 year rule applies to several different legal contexts, including background checks, adverse possession, and divorce. Here’s how it works in each area:

1. Background Checks (Employment & Credit)

• Under the Fair Credit Reporting Act (FCRA) and Florida law, employers and credit agencies cannot report certain negative information (e.g., civil judgments, tax liens, and most non-conviction records) if it is older than 7 years.
• However, criminal convictions can still appear indefinitely unless state law prohibits it.
• Some employers, especially those in financial services or positions with high salaries (over $75,000), may have different reporting rules.

2. Adverse Possession (Property Claims)

• Florida allows individuals to claim ownership of another person’s landthrough adverse possession if they openly and continuously occupy it for at least 7 years.
• The occupant must pay property taxes and meet other requirements (e.g., making improvements or maintaining the land).
• This rule is meant to prevent land from being abandoned and encourage its use.

3. Divorce (Alimony Duration)

• In Florida, the 7-year mark often distinguishes between short-term and moderate-term marriages for alimony purposes.
• A marriage lasting less than 7 years is generally considered short-term, making long-term alimony less likely.
• Marriages between 7 and 17 years are considered moderate-term, which may lead to more favorable alimony awards compared to short-term marriages.
• The length of the marriage impacts the type and amount of spousal support a judge may grant.

Our Tampa Lawyers are available to provide more information on the Florida 7 Year Rule and how it might apply to a specific individual or situation.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

EXPERIENCE.  STANDARDS.  RESULTS.

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.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER:  FLORIDA 7 YEAR RULE APPLIES TO BACKGROUND CHECKS, ADVERSE POSSESSION, AND DIVORCE – 3/13/25

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As a long-running legal battle continues, a state senator proposed repealing a law that prohibits people under age 21 from buying long guns and rifles in Florida.

Sen. Randy Fine, of Brevard County, filed the proposal (SB 94) on Tuesday, December 9th, for consideration during the 2025 legislative session, which will start on March 4th.  Fine will also be running in an upcoming special election for a congressional seat.

A similar measure passed in the House but failed in the Senate during the 2024 session.

Lawmakers and Governor Rick Scott approved raising the minimum age to biy rifles and other long guns in 2018 after the mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people.

People under 21 years old are already barred from buying handguns due to Federal law.

A lawsuit was filed by the National Rifle Association contending that the 2018 Florida gun buying age law violates Second Amendment rights, however, Chief U.S. District Judge Mark Walker upheld the age restriction.

The Florida gun buying age law was also upheld by a three-judge panel of the 11th U.S. Circuit Court of Appeals, but the NRA asked the full appeals court to consider the case.  The issue is currently pending at the Atlanta based appeals court.

After eight years in the House, Fine was elected to the Senate last month but qualified to run in a special election last week.  The special election is being held to replace U.S. Rep. Mike Waltz, R-FL, from Congressional District 6 after President-elect Donald Trump selected Waltz for the National Security Advisor position.

Our law firm is here to answer questions about the Florida gun buying age law and any other gun, firearm or weapon related questions.

If someone has been charged with any type of gun, firearm or weapons violation, they need to act immediately in order to preserve every possible opportunity for a stronger defense.

At Fernandez Law Group, our team of gun lawyers work diligently at scrutinizing over every single last detail in every case in order to find any flaws or errors in the police procedure.

These errors can lead to reduction in charges, fines, and sentencing. In some cases, we’ve even had cases that were completely dismissed.

We pay very close attention to every case and review them with our clients on a continual basis.

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: BILL COULD REPEAL FLORIDA GUN BUYING AGE LAW ENACTED AFTER PARKLAND SHOOTING – 1/23/25

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Changes to Florida’s tort laws in recent years have made it more difficult for the party at fault in an accident to successfully sue for crash-related injuries.

However, it would be wrong to assume you have no legal remedies or potential for an injury settlement unless you talk with a personal injury lawyer specializing in car accidents – especially if your injuries were serious enough to require hospitalization or time off work.

While the new comparative fault law certainly creates legal challenges, rarely are matters of personal injury entirely black-and-white.

According to studies by The Center for Internet and Society at Stanford Law School, the vast majority of Florida car accidents are caused by human error.

Common causes include inattention, speeding, failure to yield, intoxication, and more.

Many people view car accidents as situations where one person was at fault in an accident, and another was hurt because of it.  Sometimes that’s true, however, in many car accidents, more than one person can be the cause of the crash or the severity of injuries.

Some examples include situations where one driver may have been speeding, but the other wasn’t paying attention.  Or if a driver ran a red light, but the other wasn’t wearing a seat belt.

The question for insurers (and possibly the courts) then becomes, “To what extent is each person at fault in an accident – for the crash and resulting injuries?”

As Tampa Car Accident Lawyers, we often find many cases where the answers aren’t obvious.  Our injury attorneys are experienced enough to know what evidence is needed to make a compelling case to show that someone is still entitled to compensation, even for people who know they made some missteps.

Florida is a no-fault state when it comes to car accidents. If someone’s injuries aren’t major, damages will likely be covered by their own auto insurance through personal injury protection (PIP) and health insurance.

However, if the injuries are substantial enough to meet the serious injury threshold, as outlined in F.S. 627.737, accident victims can go beyond the no-fault system and file a claim for damages against the other at-fault driver.

A driver who is “at fault in an accident” is one who failed to exercise the reasonable care they should have when they assumed the privilege of driving. This is called negligence.

When a plaintiff (person who is filing the claim for monetary damages for a car accident) is partly at-fault, this is called “contributory negligence.”

Previously, Florida had a system of pure comparative fault. Under this system, you could be 99% at-fault and still succeed in suing the other driver for their 1% of fault (though in that case, you would only collect 1% of your total losses, so that wouldn’t be an ideal outcome).

Now, Florida follows a modified comparative fault system with a 51% bar. What that means is you can still successfully sue another driver who is at fault in an accident for financial damages, so long as your percentage of the blame doesn’t exceed half. So if you were partly at-fault in an accident, the most you could share fault and still collect would be 50%.

But who decides the difference between 48% fault and 52% fault? Either insurance companies or the courts – and it’s often not a clear line. This is why having a skilled Tampa car accident lawyer as an advocate is so essential. We help our clients craft a strong argument advocating for them to collect the compensation they deserve.

If you aren’t sure whether you have a case or who was more at-fault in an accident, there’s nothing to lose in reaching out to a personal injury attorney.  Our Florida injury attorneys offer free initial consultations with detailed case reviews. 

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements, even in situations where people thought they were at fault in an accident.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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A class-action lawsuit was filed on behalf of sex crime victims on cruise ships on Tuesday, October 15th against Royal Caribbean and one of its former employees, room attendant Arvin Mirasol.

Mirasol admitted to installing cameras and recording passengers, including children, during previous cruises dating back to December 2023.  

At least 23 sex crime victims on cruise ships have been notified by police that they were recorded on a Royal Caribbean cruise, and they’ve hired lawyers.

The complaint defines the class as passengers aboard Symphony of the Seas between Dec. 1, 2023, and Feb. 26, 2024, who stayed in cabins serviced by Mirasol.

The lawsuit comes less than two months after Mirasol was sentenced in Fort Lauderdale federal court to 30 years in prison on a charge of producing child pornography.

Two additional Miami law firms say they expect to file civil lawsuits against the cruise company.  The lawsuits could reveal the number of sex crime victims on cruise ships is far greater than initially identified.  As more victims are discovered, it is likely that several more lawsuits may be brought against Royal Caribbean in the coming months.

Mirasol still faces charges in Florida state court of up to 15 counts of “video voyeurism.” A hearing in Broward Circuit Court set for Oct. 15 was canceled and has not yet been rescheduled.

In his plea agreement, Mirasol admitted he had been placing cameras in guest room bathrooms “since he started working on Symphony of the Seas around December 2023.”

That means he could have worked on 12 different cruises before the one where he was caught.  At this time, it is unknown how many people were sex crime victims on cruise ships Mirasol was working on.

This year, at least 16 crew members from several cruise giants have returned to South Florida ports on their ships only to get hauled away in handcuffs, according to Jim Walker, co-founder of the firm Walker & O’Neil Maritime Lawyers.  Almost all were charged with possession or transport of child pornography, a federal crime.

This comes as law enforcement agents are trying to slow the spread of images across the dark corners of the internet.

If you or someone you know may have become sex crime victims on cruise ships, it is important to speak with a lawyer right away.

Remember that every personal injury case is unique, and success depends on the specific circumstances surrounding the incident. Consulting with a qualified personal injury attorney is advisable to assess the strengths and weaknesses of your case and navigate the legal process effectively.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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