Unlawful Installation or Use of Tracking Device or Application in Florida
It is unlawful to install a tracking device or tracking software without consent.
Under Florida Statute 934.425, the crime of Unlawful Installation or Use of Tracking Device or Application occurs when a person:
- Installs a tracking device or tracking software application on another person's property without that person’s consent; or
- Uses 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.
Revocation of Consent
A person may revoke their consent to the installation of the tracking device or tracking software application at any time.
Consent to the installation of the tracking device or tracking software application is presumed revoked by operation of law should one of the parties file for divorce or an injunction against the other person. [1]
Penalties for Unlawful Installation or Use of Tracking Device or Application
In Florida, the crime of Unlawful Installation or Use of Tracking Device or Application is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Unlawful Installation or Use of Tracking Device or Application a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Unlawful Installation or Use of Tracking Device or Application to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Unlawful Installation or Use of Tracking Device or Application
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Unlawful Installation or Use of Tracking Device or Application include:
Legitimate Business Purpose Exception
A person acting in good faith on behalf of a business entity may install a tracking device or tracking software application for a legitimate business purpose. [2]
Examples of a legitimate business purpose would be the installation of internet tracking cookies, GPS tracking software on electronics, or GPS tracking devices on business vehicles.
Motor Vehicle Owner Exception
The owner or lessee of a motor vehicle is not required to obtain consent before installing a tracking device or tracking software application on a vehicle they own or lease during their period of ownership. [3]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Unlawful Installation or Use of Tracking Device or Application in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.