HB 401 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0401-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to tracking devices and applications; 2
amending s. 934.425, F.S.; prohibiting the placement 3
or use of a tracking device or tracking application to 4
determine the location or movement of another person 5
or another person's property without that person's 6
consent; providing criminal penalties; providing an 7
effective date. 8
9
Be It Enacted by the Leg islature of the State of Florida: 10
11
Section 1. Section 934.425, Florida Statutes, is amended 12
to read: 13
934.425 Installation or use of tracking devices or 14
tracking applications; exceptions; penalties. — 15
(1) As used in this section, the term: 16
(a) "Business entity" means any form of corporation, 17
partnership, association, cooperative, joint venture, business 18
trust, or sole proprietorship that conducts business in this 19
state. 20
(b) "Tracking application" means any software program 21
whose primary purpose is to track or identify the location or 22
movement of an individual. 23
(c) "Tracking device" means any device whose primary 24
purpose is to reveal its location or movement by the 25
HB 401 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0401-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transmission of electronic signals. 26
(d) "Person" means an individual but does not include a 27
business entity. 28
(2) Except as provided in subsection (4), a person may not 29
knowingly: 30
(a) Install or place a tracking device or tracking 31
application on another person's property without that the other 32
person's consent; or 33
(b) Use a tracking device or tracking application to 34
determine the location or movement of another person or another 35
person's property without that person's consent . 36
(3) For purposes of this section, a person's consent is 37
presumed to be revoked if: 38
(a) The consenting person and the person to whom consent 39
was given are lawfully married and one person files a petition 40
for dissolution of marriage from the other; or 41
(b) The consenting person or the person to whom consent 42
was given files an injunction for protection again st the other 43
person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 44
784.0485. 45
(4) This section does not apply to: 46
(a) A law enforcement officer as defined in s. 943.10, or 47
any local, state, federal, or military law enforcement agency, 48
that lawfully installs or places a tracking device or tracking 49
application on another person's property as part of a criminal 50
HB 401 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0401-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
investigation. 51
(b) A parent or legal guardian of a minor child who 52
installs or places a tracking device or tracking application on 53
the minor child's property if: 54
1. The parents or legal guardians are lawfully married to 55
each other and are not separated or otherwise living apart, and 56
either parent or legal guardian consents to the installation or 57
placement of the tracking device o r tracking application; 58
2. The parent or legal guardian is the sole surviving 59
parent or legal guardian of the minor child; 60
3. The parent or legal guardian has sole custody of the 61
minor child; or 62
4. The parents or legal guardians are divorced, separat ed, 63
or otherwise living apart and both consent to the installation 64
or placement of the tracking device or tracking application. 65
(c) A caregiver of an elderly person or disabled adult, as 66
those terms are defined in s. 825.101, if the elderly person's 67
or disabled adult's treating physician certifies that the 68
installation or placement of a tracking device or tracking 69
application onto the elderly person's or disabled adult's 70
property is necessary to ensure the safety of the elderly person 71
or disabled adult. 72
(d) A person acting in good faith on behalf of a business 73
entity for a legitimate business purpose. This paragraph does 74
not apply to a person engaged in private investigation, as 75
HB 401 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0401-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defined in s. 493.6101, on behalf of another person unless such 76
activities would otherwise be exempt under this subsection if 77
performed by the person engaging the private investigator. 78
(e) An owner or lessee of a motor vehicle that installs or 79
places, or directs the installation or placement of, a tracking 80
device or tracking app lication on such vehicle during the period 81
of ownership or lease, provided that: 82
1. The tracking device or tracking application is removed 83
before the vehicle's title is transferred or the vehicle's lease 84
expires; 85
2. The new owner of the vehicle, in the case of a sale, or 86
the lessor of the vehicle, in the case of an expired lease, 87
consents in writing to the nonremoval of the tracking device or 88
tracking application; or 89
3. The owner of the vehicle at the time of the 90
installation or placement of the tracking device or tracking 91
application was the original manufacturer of the vehicle. 92
(5) A person who violates this section commits a felony 93
misdemeanor of the third second degree, punishable as provided 94
in s. 775.082, or s. 775.083, or s. 775.084. 95
Section 2. This act shall take effect October 1, 2024. 96