GPS Vehicle Tracking For Repo Now A Felony In Florida
For those that argue the legality of popping a GPS tracker on a blocked in unit in the State of Florida, here is a definitive answer: As of October 1, Senate Bill 758 updates Florida statute 934.425 to explicitly prohibit anyone from placing or using a tracking device or application on someone else’s property without their permission. Under this change, locating or tracing another person’s property, including a vehicle, is illegal without consent. Importantly, the law now penalizes those who are involved in using these devices unlawfully, even if they did not place the tracking device themselves.
This legislation also modifies Florida statute 493.6118, giving the Department of Agriculture and Consumer Services the authority to discipline any licensed private investigation, private security, or repossession agency found to be misusing tracking devices. This aims to curb unauthorized tracking in repossession activities covered under Chapter 493 of Florida law.
Exceptions to the anti-tracking law include parents or guardians tracking minors, caregivers monitoring disabled adults or elderly persons, vehicle owners or lessees tracking their own property, and federal, state, local, or military law enforcement.
Violators of this law now face a heightened penalty, with unauthorized tracking upgraded from a second-degree misdemeanor to a third-degree felony.
Originally drafted by the Criminal Justice Committee, Senate Bill 758 was filed on December 6, 2023, and unanimously passed through the Senate and House with votes of 37-0 and 113-0. Governor DeSantis approved it on April 26, 2024.
