A new Florida that went into effect Tuesday is cracking down on tracking devices like AirTags.
They increase penalties for criminals who use them to track people unknowingly. Prior to this, the bill’s language only prohibited installing the device.
Under Senate Bill 758, violators can now face up to half-a-decade behind bars. The bill increases penalties to a third-degree felony versus a second-degree misdemeanor.
Cape Coral resident Penelope López says she and her friend experienced this first-hand.
In April, López and her friend were shopping around near Coconut Point and Miromar Outlets in Lee County when they saw a notification on their phones saying an Airtag was tracking them.
They found the device taped under the car’s bumper.
“She was freaking out, and honestly, I was too,” López said. “It was it was really scary. You never know who can track you. Not only for someone to stalk you, but like sex trafficking and other stuff like that.”
López said she is glad this bill is going into effect, criminalizing the use of these devices.
“I agree with what they did. It’s a good step towards keeping people safe in general, just anybody,” she said.
The bill not only adds language to Florida Statutes. It also clears up language to the law’s exceptions.
Before the new law, a law enforcement officer was allowed to lawfully “install” a tracking device or tracking application on another person’s property as part of a criminal investigation.
Now, the bill allows an officer to “place or use” a tracking device, too. The same wording now also applies to parents, legal guardians, caregivers of older adults, and vehicle owners under certain conditions.
SB 758 is one of nearly three dozen new state laws taking effect Oct. 1. In all, 34 laws passed during the 2024 legislative session will take effect.