the Florida Privacy Rules He had a big change with SB 1168 goes into effectapproved by the state legislature and signed by the governor Ron DeSantis. The rule redefines the penalties associated with it Use it without consent Devices capable of recording location, movement or routes Of vehicles or personal property.
the Legislation SB 1168 Section 934.425, Florida Statutes, amends and strengthens Penalties associated with unauthorized trackingespecially when used to commit or facilitate crimes considered serious under state law.
The legal text included two levels of penalties:
In this way, a proportional relationship is established between the seriousness of the desired goal and the size of the penalty imposed That includes the possibility of facing up to 15 years in prison When rape is classified as a second-degree felony.
the SB 1168 Consider both Physical installation of the tracking device on the vehicle Or foreign like Using apps, Bluetooth or GPS technology Which allows knowing the movements of people or property Without consent.
This regulation was introduced in February 2025, received approval by the Senate and House of Representatives in April of the same year, and received the governor’s signature in May. The official launch date was October 1, 2025At that time, the new provisions came into effect.
The law makes it a crime to place a tracking device or app on another person’s property. Without explicit permission. It also makes it a violation to use this technology Knowledge of location or movements When the other party does not give permission.
To increase the penalty It is necessary that there be a connection with a serious crime. Although the legislation does not detail the violations included in this category, it does provide for this The correct definition is the one given in State regulations are already in place.
New changes too Requires an explanation of any behavior associated with unauthorized tracking Under the criteria of knowledge and will. This means that to constitute the crime, the person must act with the knowledge that he or she installed or used the device without consent.
One of the central elements of the legislation is The difference between general intent and aggravated intent. The standard penalty applies where the action is limited to unauthorized tracking, regardless of whether there is no additional offense in progress.
If the prosecutor’s office proves it The intent of the tracking was to contribute to the commission of a serious crime, The penalty is automatically increased. This distinction is intended to prevent the same behavior from being treated in the same way when there is additional risk associated with a more serious crime.
The legal text makes it clear that intention is permissible Depending on the relationship between the act of stalking and the planning, preparation or support of a serious crimewhich becomes the decisive factor for increasing the seriousness of the charge.
SB 1168 was introduced with support from the Criminal and Civil Justice Appropriations Committee and the legislature thomas c. “Tom” Lake. Text It received unanimous support in both the Senate and the House of RepresentativesWhich allowed for its rapid approval.
The project comes within a group of initiatives related to Public safety He was promoted in Gov. Ron DeSantis’ administration. Among its goals Modernizing the penal system compared to the current use of technological tools.
Implementation of the standard It forces technology users with tracking functions to review their daily use of apps or devices Which can be interpreted as control mechanisms. This includes accessories such as Bluetooth or GPS trackers.
It will also have an impact on police investigations, since agents They must evaluate the purpose behind each instance of unauthorized tracking To determine whether it is a minor violation or an act related to a serious crime.
Starting October 2025Anyone who installs a tracking device on another person’s property without permission or uses GPS systems to track the movements of others without permission They could face immediate criminal charges under the new provisions.