Florida’s Tracking Device Stalking Law: What Changed and Why It Matters Now
Florida’s tracking device stalking law recently underwent a significant overhaul, and understanding exactly what changed matters for two very different groups of people: those who might unknowingly cross a serious legal line, and those who suspect someone might be using this same technology against them.
I recently represented a client accused of using small, coin-sized tracking devices, similar to Apple AirTags, to monitor his ex-girlfriend’s movements. These devices run on a single battery for months and cost only a few dollars, which makes them dangerously easy to conceal inside a car, a bag, or a jacket pocket. We were able to get that case dismissed, and understanding why illustrates something important about how these cases actually get proven, or in many instances, fail to get proven, in a Florida courtroom.
Accused of Using a Tracking Device or Suspect Someone Is Tracking You in Florida?
Florida’s tracking device stalking law now carries real felony consequences in certain circumstances. Call John Guidry at (407) 423-1117 to discuss your specific situation.
What Florida Statute § 934.425 Actually Prohibits
Florida Statute § 934.425 makes it illegal to knowingly install a tracking device or tracking application on another person’s property without that person’s consent. A basic violation of this statute traditionally carries second-degree misdemeanor penalties, up to 60 days in jail and a $500 fine.
However, Senate Bill 1168 significantly expanded the consequences of this statute, effective October 1, 2025. Under the amended law, using a tracking device or application in furtherance of certain serious felonies, what the statute now calls an aggravated installation, elevates the charge to a second-degree felony carrying up to 15 years in prison and a $10,000 fine. The list of qualifying underlying felonies includes stalking, burglary, sexual battery, arson, drug trafficking, and acts of terrorism.
Why Lawmakers Moved So Quickly on This Issue
The surge in tracking device misuse prompted this legislative response for good reason. Statewide data shows that charges involving tracking devices used for stalking purposes climbed from just 15 cases in 2019 to more than 100 cases within the first nine months of 2025 alone. Real cases illustrate exactly why lawmakers acted. In one Hillsborough County case, a man concealed a cell phone inside his ex-girlfriend’s car specifically to track her movements to a friend’s residence, resulting in felony charges including illegal installation of a tracking device. In a separate, widely reported Miami-Dade case, a police officer faced stalking and tracking device charges after allegedly using Apple AirTags to monitor an ex-girlfriend’s location.
The concern extends well beyond romantic relationships. The same inexpensive, long-lasting tracker technology that makes these devices useful for finding lost luggage or keys also makes them attractive tools for people planning burglaries. A tracker costing only a few dollars can reveal exactly when a homeowner leaves for the day, giving someone with criminal intent a clear window to enter a property undetected.
Why These Cases Are Genuinely Difficult to Prove
Despite the seriousness of these potential penalties, tracking device stalking cases in Florida present real evidentiary challenges for prosecutors. Establishing that a specific person installed a specific device, that they did so knowingly, and that they lacked any consent to place it there requires concrete evidence connecting the defendant to the device itself. Circumstantial suspicion alone, without something more concrete tying a specific person to the installation, often isn’t enough to sustain a conviction.
This is exactly the issue that arose in the case I handled. Even though tracking devices had clearly been used, the state struggled to establish the specific elements required to prove the charge beyond a reasonable doubt, and the case against my client ultimately got dismissed.
How to Find Out If You’re Being Tracked
For anyone concerned they might be a target of this kind of surveillance, a free application called AirGuard offers a practical, accessible way to check. Available for both Apple and Android devices, AirGuard monitors nearby Bluetooth signals while you travel and identifies whether any unknown devices consistently move along with you over a meaningful distance, say, ten miles or more in a vehicle.
If the app flags a Bluetooth device consistently traveling alongside you without any obvious explanation, that’s a strong signal worth investigating further, potentially including having a mechanic physically inspect your vehicle for a hidden device. This kind of proactive detection matters because unauthorized tracking often goes completely unnoticed until something goes wrong.
What This Means for Anyone Facing This Charge
If you’re facing a charge under Florida’s tracking device stalking law, particularly one elevated to a felony under the aggravated installation provisions, the state must prove specific, demanding elements: your knowledge, the lack of consent, and often the connection to an underlying qualifying felony. These aren’t easy elements to establish with only circumstantial evidence, and a defense attorney familiar with exactly how these cases get built, and where they tend to fall apart, matters enormously.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/ZmBHVOI5MXg
Read: https://jgcrimlaw.com/articles/types-of-probation-florida/
John’s Takeaways
- Florida’s tracking device stalking law, Florida Statute § 934.425, now carries felony penalties under SB 1168, effective October 1, 2025, when tracker use furthers certain serious underlying felonies like stalking or burglary.
- A basic violation remains a second-degree misdemeanor, but an aggravated installation connected to a qualifying felony escalates to a second-degree felony carrying up to 15 years in prison.
- These cases are genuinely difficult for the state to prove. Prosecutors need concrete evidence connecting a specific person to the device’s installation, not just circumstantial suspicion.
- Tracking devices get misused for burglary planning as often as for personal harassment, since a cheap tracker can reveal exactly when a homeowner leaves for the day.
- The free AirGuard app can help identify unknown Bluetooth devices traveling with you, offering a practical first step if you suspect you’re being tracked without your knowledge.
Facing a Tracking Device Charge or Worried You’re Being Tracked in Central Florida?
I’ve been defending cases involving emerging surveillance technology across Central Florida since 1993, and these cases require a defense attorney who understands exactly what the state must prove. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s go through the specific evidence in your case and figure out where it actually stands.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.