Jesse Scheckner
Gov. Ron DeSantis has signed legislation that dramatically increases penalties for using tracking devices or mobile apps to facilitate “dangerous crimes,” marking a significant escalation in Florida’s response to the misuse of surveillance technology.
The measure (SB 1168) elevates the use of tracking devices like Apple AirTags, SmartTags and similar apps to a second-degree felony — punishable by up to 15 years in prison and a $10,000 fine — if done in the course of committing or facilitating crimes like murder, kidnapping, human trafficking, domestic violence and more than 20 other offenses listed under Florida law.
Such conduct was previously classified as a third-degree felony, carrying a maximum five-year prison sentence and $5,000 fine, regardless of the underlying offense.
The law, which takes effect Oct. 1, comes amid growing concerns about how compact Bluetooth-enabled devices are being exploited to stalk, intimidate or track victims without their knowledge. Florida lawmakers responded with resounding, bipartisan support, passing the measure in both chambers unanimously last month.
On Thursday, DeSantis signed the legislation, which Republican Sen. Tom Leek of Ormond Beach and Republican Rep. Tiffany Esposito sponsored.
“It’s critical that we establish a deterrence to those who would utilize these technologies in the furtherance of these crimes, which do real harm to our citizens,” Leek said during committee deliberations in March.
The new law updates a 2015 statute that banned the placement of tracking devices or apps on another person’s property without consent. Last year, the Legislature increased penalties for tech-assisted stalking to a third-degree felony. But lawmakers said stronger consequences were needed for more severe offenses.
The measure responds to a disturbing trend of criminals using tracking tech for sinister purposes. Among cited incidents: a 2023 case in Brevard County, where a mother found a tracking device in her son’s shoe following a Christmas parade, and a 2022 case in Miami-Dade, where a police officer allegedly used an AirTag to stalk his ex-girlfriend.
At least two murders have also been linked to suspects who used AirTags to track their victims.
SB 1168 amends Section 934.425 of Florida Statutes, creating what Leek described as an “aggravated installation” category.
That statutory list includes offenses such as arson, aggravated assault, sexual battery, burglary, stalking, acts of terrorism and trafficking in controlled substances. It also applies to attempts and conspiracies to commit any of those crimes.
Although Senate staff projected the law’s fiscal impact to be “positive indeterminate,” it is expected to contribute to both deterrence and potential incarceration costs.
Bluetooth-enabled trackers function by emitting a signal picked up by nearby smartphones or tablets, which then report the device’s location to its owner — a system that, while useful for locating lost items, can be exploited for nonconsensual surveillance.
“Some applications have legitimate uses, but may be accessed by third parties without the user’s consent,” Senate staff noted. “Other applications are developed and marketed as surveillance applications.”
