2024: Initial Legislation Increases
Penalties for Unauthorized Tracking
In 2024, Florida passed a law imposing harsher penalties on individuals who use tracking devices like Apple’s AirTag
to monitor people without their consent. Prior to this, unauthorized tracking was classified as a second-degree misdemeanor, carrying a maximum jail sentence of 60 days.
Under the new law, signed by Governor Ron DeSantis and effective October 1, 2024, the offense was elevated to a third-degree felony. This change meant violators could face up to five years in prison and fines of up to $5,000.
The legislation, introduced by Representative Toby Overdorf and Senator Jonathan Martin, received unanimous bipartisan support. It aimed to address growing concerns over the misuse of AirTags and similar devices in cases of stalking, harassment, and even violent crimes. There had been multiple reported incidents—including at least two murders—where criminals used AirTags to track their victims without their
knowledge.
2025: Senator Tom Leek Proposes Even Tougher Penalties
Building upon the 2024 law, Florida State Senator Tom Leek introduced Senate Bill 1168 (SB 1168) in early 2025 to impose even stricter penalties when tracking devices are used in serious crimes. The bill
specifically targets cases where unauthorized tracking facilitates violent offenses such as murder, robbery, sexual assault, kidnapping, extortion, and terrorism.
Under SB 1168, the penalty for such offenses would increase from a third-degree felony to a second-degree felony. This change would raise the maximum prison sentence to 15 years and increase fines to $10,000. Senator Leek emphasized the importance of deterring criminals from using modern tracking technology to aid in dangerous crimes.
As of March 2025, SB 1168 had advanced through the Senate Appropriations Committee on Criminal and Civil Justice and was awaiting a final hearing in the Senate Rules Committee before being voted on by the full Senate. A companion bill, House Bill 663 (HB 663), sponsored by Representative Tiffany Esposito, was also
progressing through the Florida House of Representatives.
These legislative efforts highlight Florida’s commitment to strengthening laws against tech-assisted crimes and ensuring stronger protections against unauthorized tracking.
