Using trackers to spy on each other now risks a felony penalty

Jonathan Martin made light work of his victory.

Gov. Ron DeSantis has signed off on an expanded ban on using tracking devices to monitor the comings and goings of other people without their express consent, with new language clarifying legislative intent and enhancing penalties for placement and usage in addition to installation.

The legislation (SB 758) sponsored by Sen. Jon Martin of Lee County passed the House and Senate unanimously, and would create third-degree felony penalties for those who “use a tracking device or tracking application to determine the location or movement of another person or another person’s property without that person’s consent.”

The penalty previously was a second-degree misdemeanor.

“The bill expands the scope of prohibited conduct to capture those persons who do not install a tracking device or tracking application on another person’s property themselves, but who place or use such a device or application to determine the location or movement of another person or another person’s property without that person’s consent,” a legislative bill analysis notes.

Exceptions apply for law enforcement officers involved in criminal investigations.

The same courtesy is granted to married parents or guardians tracking the comings and goings of minors in their custody, as well as divorced parents who both consent to the use of trackers on their children.

Caregivers also have latitude, if “the use of a tracking device or tracking application to determine the location or movement of the elderly person or disabled person or his or her property is necessary to ensure the safety of the elderly person or disabled adult.”

Similarly, owners leasing vehicles to people can also put tracking devices on them to monitor the whereabouts of cars, trucks, and the like.