The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: SB 758
INTRODUCER: Senator Martin
SUBJECT: Tracking Devices and Applications
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. Bond Cibula JU Pre-meeting
3. RC
I. Summary:
SB 758 amends s. 934.425, F.S., to prohibit a person from knowingly:
Placing a tracking device or tracking application on another person’s property without that
person’s consent; or
Using 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.
The bill expands the scope of prohibited conduct to capture those persons who do not install a
tracking device or tracking application on another person’s property themselves, but who place
or use such a device or application to determine the location or movement of another person or
another person’s property without that person’s consent.
The bill increases the penalty for a violation of this section from a second degree misdemeanor to
a third degree felony.
1
The bill expands the exceptions in s. 934.425, F.S., to include an exception for placement of a
tracking device or tracking application by:
Law enforcement officers, or any local, state, federal, or military law enforcement agency;
A parent or legal guardian of a minor;
A caregiver of an elderly person or disabled adult; and
An owner or lessee of a motor vehicle.
The bill amends s. 493.6118, F.S., to provide that use of a tracking device or tracking application
is grounds for which disciplinary action may be taken by the Department of Agriculture and
Consumer Services (DACS) against any licensee, agency, or applicant regulated by ch. 493, F.S.,
1
A third degree felony is punishable by a term of imprisonment not to exceed five years and a $5,000 fine, as provided in
s. 775.082, s. 775.083, or s. 775.084, F.S.
REVISED: BILL: SB 758 Page 2
or any unlicensed person engaged in activities regulated by ch. 493, F.S. Chapter 493, F.S.,
relates to private investigative, private security, and repossession services.
The bill may have a positive indeterminate impact on jail and prison beds by expanding the
scope of prohibited conduct under s. 934.425, F.S., and increasing the penalty for a violation
from a second degree misdemeanor
2
to a third degree felony, which may result in longer jail
sentences and new prison admissions.
The bill provides an effective date of October 1, 2024.
II. Present Situation:
Tracking devices and tracking applications can be used to follow the location or movement of
another person, potentially without that person’s knowledge or consent. Some applications have
legitimate uses, but may be accessed by third parties without the user’s consent. Other
applications are developed and marketed as surveillance applications, commonly targeting
potential customers interested in using the technology to track the movements and
communication of another without consent.
3
Unless exempted, s. 934.425, F.S., prohibits a person from knowingly installing a tracking
device or tracking application on another person’s property without the other person’s consent. A
violation of the prohibition is punishable as a second degree misdemeanor.
4
Current law does not specifically prohibit the placement of a tracking device.
Global Positioning System
The Global Positioning System (GPS) is a space-based radio navigation system, owned by the
United States Government and operated by the United States Space Force. GPS consists of three
segments, including the:
Space Segment: A constellation of 31 operational satellites that circle the Earth at an altitude
of approximately 11,000 miles every 12 hours;
Control Segment: Stations on Earth that monitor and maintain the GPS satellites; and
User Segment: Receivers that process the navigation signals from the GPS satellites and
calculate position and time.
5
Each GPS satellite transmits its position and time at regular intervals and the signals are
intercepted by GPS receivers. The receiver is then able to determine its position by calculating
how long it took for the signal to reach the receiver. GPS currently provides two levels of
2
A misdemeanor of the second degree is punishable by a definite term of imprisonment not exceeding 60 days, as provided
in s. 775.082 or s. 775.083, F.S.
3
New York Times, I Used Apple AirTags, Tiles and a GPS Tracker to Watch My Husband’s Every Move, Kashmir Hill,
February 11, 2022, available at https://www.nytimes.com/2022/02/11/technology/airtags-gps-surveillance.html (last visited
on December 28, 2023).
4
Section 934.425, F.S.
5
NASA, GPS-What is GPS, Catherine G. Manning, September 25, 2023, available at
https://www.nasa.gov/directorates/somd/space-communicationsnavigtation-program/gps/ (last visited on December 28,
2023). BILL: SB 758 Page 3
services: standard positioning service and precise positioning service. Access to precise
positioning service is restricted to the United States Armed Forces, Federal agencies, and select
allied armed forces and governments. Standard positioning service is available to all users on a
continuous basis, free of any direct charge to users.
6
GPS is widely used in a variety of applications because its capabilities are accessible using small,
inexpensive equipment.
7
Wi-Fi Positioning
Wi-Fi is a radio-frequency technology for wireless communication that is used by nearly all
devices and network infrastructure, including smartphones, computers, Internet of Things
devices, routers, and more, and can be used to transmit data between devices using radio waves.
8
Wi-Fi can be leveraged to detect and track the location of people, devices, and assets, and can be
easily activated for indoor positioning with existing Wi-Fi access points. The most commonly
used Wi-Fi positioning techniques determine a device’s location by using a measure called
received signal strength indicator (RSSI). In RSSI applications, multiple existing Wi-Fi access
points or Wi-Fi-enabled sensors deployed in a fixed position detect transmitting Wi-Fi devices
and the received signal strength of a device’s signal. The location data collected by the access
points or sensors is sent to the central indoor positioning or realtime location system, which
analyzes the data to estimate the position of the transmitting device. Alternatively, the signal
strength of nearby access points can be used to determine a device’s location.
9
Wi-Fi positioning
technology is particularly popular in providing location services in indoor spaces where GPS
may not work as effectively.
Department of Agricultural and Consumer Services
The Department of Agricultural and Consumer Services (DACS) is a cabinet-level agency with
the elected Commissioner of Agriculture as the agency head. The department has broad duties,
including safeguarding the public from unsafe or defective products and deceptive business
practices, providing environmental protection, and supporting Florida’s agricultural economy.
10
Division of Licensing
The Division of Licensing within the DACS is responsible for investigating and issuing licenses
to conduct private security, private investigative, and recovery services pursuant to ch. 493, F.S.
Chapter 493, F.S., regulates the licensing of private security, investigative, and recovery
industries.
11
As of April 30, 2023, the division has a total of 2,890,879 issued licenses amongst
6
Id.
7
Federal Aviation Administration, Satellite Navigation- Global Positioning System (GPS), available at
https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/techops/navservices/gnss/gps, (last visited on
December 28, 2023).
8
Inpixon Indoor Intelligence, Wi-Fi RTLS, Location Tracking and Positioning, What is Wi-Fi Positioning, available at
https://www.inpixon.com/technology/standards/wifi (last visited on December 28, 2023).
9
Id.
10
Florida Department of Agricultural and Consumer Services, About Us, at https://www.fdacs.gov/About-Us (last visited
January 5, 2024).
11
Section 493.6100, F.S. BILL: SB 758 Page 4
26 different types, including: 797 recovery agents, 7,317 private investigators, 149,061 security
officers, and 2,677,967 concealed weapon or firearms.
12
Grounds for Disciplinary Action against Licensee, Agencies, or Applicants
Section 493.6118, F.S., allows the DACS to pursue disciplinary administrative action against a
current ch. 493, F.S., licensee, agency, or applicant, or any unlicensed person engaged in
activities regulated under ch. 493, F.S., based on a finding that he or she has committed any of
the acts prohibited in s. 493.6118, F.S., including the installation of a tracking device or tracking
application in violation of s. 934.425, F.S.
13
Unlawful Installation of a Tracking Device or Application
Section 934.425, F.S., provides that it is a second degree misdemeanor
14
to knowingly install a
tracking device
15
or tracking application
16
on another person’s property without the other
person’s consent.
A person’s consent to be tracked is presumed to be revoked if:
The consenting person and the person to whom consent was given are lawfully married and
one person files a petition for dissolution of marriage from the other;
17
or
The consenting person or the person to whom consent was given files an injunction for
protection against the other person.
18
The prohibition against installing a tracking device or tracking application does not apply to:
A law enforcement officer, or any local, state, federal, or military law enforcement agency,
that lawfully installs a tracking device or tracking application on another person’s property as
part of a criminal investigation;
19
A parent or legal guardian of a minor child who installs a tracking device or tracking
application on the minor child’s property if:
o The parents or legal guardians are lawfully married to each other and are not separated or
otherwise living apart, and either parent or legal guardian consents to the installation of
the tracking device or tracking application;
20
o The parent or legal guardian is the sole surviving parent or legal guardian of the minor
child;
21
12
Office of Program Policy Analysis and Government Accountability, Department of Agriculture and Consumer Services
Licensing at https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4101 (last visited January 5, 2024).
13
Section 493.6118(1)(y), F.S.
14
Section 934.425(5), F.S.
15
Section 934.425(1)(c), F.S., provides that a “tracking device” means any device whose primary purpose is to track or
identify the location or movement of the individual.
16
Section 934.425(1)(b), F.S., provides that a “tracking application” means any software program whose primary purpose is
to track or identify the location or movement of an individual.
17
Section 934.425(3)(a), F.S.
18
Section 934.425(3)(b), F.S., references the following injunctions for protection: s. 741.30, F.S., relating to domestic
violence; s. 741.315, F.S., relating to foreign protection orders; s. 784.046, F.S., relating to repeat violence, sexual violence,
or dating violence; s. 784.048, F.S., relating to stalking.
19
Section 934.425(4)(a), F.S.
20
Section 934.425(4)(b)1., F.S.
21
Section 934.425(4)(b)2., F.S. BILL: SB 758 Page 5
o The parent or legal guardian has sole custody of the minor child;
22
or
o The parents or legal guardians are divorced, separated, or otherwise living apart, and both
consent to the installation of the tracking device or tracking application.
23
A caregiver of an elderly person
24
or disabled adult,
25
if the elderly person or disabled adult’s
treating physician certifies that the installation of a tracking device or tracking application
onto the elderly person or disabled adult’s property is necessary to ensure the safety of the
elderly person or disabled adult;
26
A person acting in good faith on behalf of a business entity for a legitimate business
purpose;
27
or
An owner or lessee of a motor vehicle that installs, or directs the installation of, a tracking
device or tracking application on such vehicle during the period of ownership or lease,
provided that:
28
o The tracking device or tracking application is removed before the vehicle’s title is
transferred or the vehicle’s lease expires;
29
o The new owner or lessor of the vehicle consents in writing for the tracking device or
tracking application to remain installed;
30
or
o The owner of the vehicle at the time of the installation of the tracking device or tracking
application was the original manufacturer of the vehicle.
31
III. Effect of Proposed Changes:
The bill amends s. 934.425, F.S., to prohibit a person from knowingly:
Placing a tracking device or tracking application on another person’s property without that
person’s consent; or
Using 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.
The bill expands the scope of prohibited conduct to capture those persons who do not install a
tracking device or tracking application on another person’s property themselves, but who place
or use such a device or application to determine the location or movement of another person or
another person’s property without that person’s consent. By prohibiting the placement, in
22
Section 934.425(4)(b)3., F.S.
23
Section 934.425(4)(b)4., F.S.
24
Section 825.101(4), F.S., defines “Elderly person” to mean a person 60 years of age or older who is suffering from the
infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional
dysfunctioning to the extent that the ability of the person to provide adequately for the person’s own care or protection is
impaired.
25
Section 825.101(3), F.S., defines “disabled adult” to mean a person 18 years of age or older who suffers from a condition
of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has
one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.
26
Section 934.425(4)(c), F.S.
27
Section 934.425(4)(d), F.S., This paragraph does not apply to a person engaged in private investigation, as defined in
s. 493.6101, F.S., on behalf of another person unless such activities would otherwise be exempt under this subsection if
performed by the person engaging the private investigator.
28
Section 934.425(4)(e), F.S.
29
Section 934.425(4)(e)1., F.S.
30
Section 934.425(4)(e)2., F.S.
31
Section 934.425(4)(e)3., F.S. BILL: SB 758 Page 6
addition to the installation, of a tracking device or application, the bill clarifies that a person may
commit a violation by simply placing such a device on or into another person’s property.
The bill increases the penalty for a violation of s. 934.425, F.S., from a second degree
misdemeanor to a third degree felony, punishable by up to 5 years imprisonment and a $5,000
fine. However, the bill does not rank the offense on the Offense Severity Ranking Chart, and as
such, under s. 921.0023, F.S., the offense defaults to a level 1 offense.
The bill expands the exceptions in s. 934.425, F.S., to include an exception for placement of a
tracking device or tracking application by:
Law enforcement officers, or any local, state, federal, or military law enforcement agency;
A parent or legal guardian of a minor;
A caregiver of an elderly person or disabled adult; and
An owner or lessee of a motor vehicle.
The bill amends s. 493.6118, F.S., to provide that use of a tracking device or tracking application
is grounds for which disciplinary action may be taken by the DACS against any licensee, agency,
or applicant regulated by ch. 493, F.S., or any unlicensed person engaged in activities regulated
by ch. 493, F.S. Chapter 493, F.S., relates to private investigative, private security, and
repossession services.
The bill has an effective date of October 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified. BILL: SB 758 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have a positive indeterminate fiscal impact. It is unlikely that the bill will
lead to a substantial increase in judicial workload; however, increasing the penalty for
violations of s. 934.425, F.S., from a misdemeanor to a felony will shift workload from
the county courts to the circuit courts.
The precise fiscal impact of this legislation is indeterminate due to the unavailability of
data needed to quantifiably establish the effect on judicial workload. However, this
legislation is anticipated to have a minimal fiscal impact on expenditures of the State
Courts System, if any.
As to the potential shift of workload from the county courts to the circuit courts. Trial
court judicial workload is measured using a case weighting system that calculates the
amount of time that it takes for a judge to dispose of a case. Passage of this bill may
impact the case weighting system.
The number of case filings using the case weighting system is used to determine the need
for additional judicial resources each year. Any judicial workload changes from county to
circuit jurisdiction in the future as a result of this bill will be reflected in the Supreme
Court’s annual opinion, In re: Certification of Need for Additional Judges.
32
The bill may have a positive indeterminate impact on jail and prison beds by expanding
the scope of prohibited conduct under s. 934.425, F.S., and increasing the penalty for a
violation from a second degree misdemeanor to a third degree felony, which may result
in longer jail sentences and new prison admissions.
VI. Technical Deficiencies:
The bill adds that it is unlawful to “use” a tracking device or tracking application, but does not
amend the exceptions to the offense to conform. The Legislature may wish to amend the
exceptions to conform to the changes in the offense.
VII. Related Issues:
None.
32
Office of the State Courts Administrator 2024 Judicial Impact Statement (November 30, 2023), at 1 (on file with the
Senate Committee on Criminal Justice). BILL: SB 758 Page 8
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 934.425 and
493.6118.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.