Florida Statutes 934.425 – Installation or use of tracking devices or tracking applications; exceptions; penalties
Current as of: 2024 | Check for updates
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(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(e)
(a) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 934.425
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Law enforcement agency: means an agency of the State of Florida or a political subdivision thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests. See Florida Statutes 934.02
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any employee or agent of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Florida Statutes 934.02
- State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States. See Florida Statutes 934.02
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) “Tracking application” means any software program whose primary purpose is to track or identify the location or movement of an individual.
(c) “Tracking device” means any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals.
(d) “Person” means an individual but does not include a business entity.
(2) Except as provided in subsection (4), a person may not knowingly:
(a) Install or place a tracking device or tracking application on another person’s property without that person’s consent; or
(b) 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.
(3) For purposes of this section, a person’s consent is presumed to be revoked if:
(a) The consenting person and the person to whom consent was given are lawfully married and one person files a petition for dissolution of marriage from the other; or
(4) This section does not apply to:
(a) A law enforcement officer as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that lawfully installs, places, or uses a tracking device or tracking application on another person’s property as part of a criminal investigation.
(b) A parent or legal guardian of a minor child who installs, places, or uses a tracking device or tracking application on the minor child’s property if:
1. The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation, placement, or use of the tracking device or tracking application;
2. The parent or legal guardian is the sole surviving parent or legal guardian of the minor child;
3. The parent or legal guardian has sole custody of the minor child; or
4. The parents or legal guardians are divorced, separated, or otherwise living apart and both consent to the installation, placement, or use of the tracking device or tracking application.
(c) A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person’s or disabled adult’s treating physician certifies that the installation or placement of a tracking device or tracking application onto the elderly person’s or disabled adult’s property or 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.
(d) A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator.
(e) An owner or lessee of a motor vehicle that installs, places, or uses, or directs the installation, placement, or use of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that:
1. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires;
2. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the nonremoval of the tracking device or tracking application; or
3. The owner of the vehicle at the time of the installation or placement of the tracking device or tracking application was the original manufacturer of the vehicle and the next owner of the vehicle was informed of the location and how to remove the device before the vehicle title is transferred.