Florida Bans Nonconsensual Tracking Devices And Other New Laws
In July, over 100 laws took effect in Florida, and as of Tuesday, October 1, 34 additional laws have also been enacted. These include measures against porch piracy, stricter regulations on homeless camping on public property, law enforcement training focused on communication with individuals with Alzheimer’s or dementia, mandatory retention of rape kits, increased penalties for fraud targeting seniors, crimes committed by immigrants, sexual predators, and digital voyeurism. Additionally, new requirements for flood disclosures for home sellers, free wallet cards for individuals with restraining orders, and updated license plates are among the changes.
One new law addresses the use of tracking devices like AirTags. While GPS trackers can provide real-time location updates to loved ones, they may also be exploited by criminals to monitor individuals’ habits without their knowledge. The new legislation enhances penalties for criminals who use tracking devices to stalk victims.
Previously, the bill only prohibited the installation of such devices. Under Senate Bill 758, offenders could now face up to five years in prison, with penalties elevated from a second-degree misdemeanor to a third-degree felony.
NBC News reported on a related incident involving Cape Coral resident Penelope López, who, along with a friend, discovered they were being tracked while shopping near Coconut Point and Miromar Outlets in Lee County. They received a notification indicating an AirTag was following them and found the device taped to the underside of their car’s bumper.
House Bill 549 aims to combat “porch pirates,” retail theft, and organized business looting by increasing penalties. For thefts under $40, the first offense is classified as a first-degree misdemeanor, while subsequent offenses escalate to third-degree felonies.
Theft involving amounts between $40 and $750 is now categorized as a third-degree felony, carrying a potential penalty of up to five years in prison (previously $100 to $650). Those stealing from a business with five or more accomplices may face a third-degree felony, which could escalate to a second-degree felony punishable by up to 15 years in prison if they utilized social media to solicit assistance.
Furthermore, individuals with two or more prior retail theft convictions or those who use a firearm during the theft could be charged with a first-degree felony, facing up to 30 years in prison. Multiple retail thefts occurring within 120 days can now be charged as a felony, an increase from the previous 30 days.
House Bill 801 introduces mandatory Alzheimer’s training for law enforcement and correctional officers. This requires the Florida Department of Law Enforcement (FDLE) to implement ongoing online training on interacting with individuals suffering from Alzheimer’s and other forms of dementia. The training covers recognizing behavioral symptoms, effective communication techniques, alternatives to physical restraints, and identifying signs of abuse, neglect, or exploitation. Specifics for the training development are outlined in the bill, and completion may count toward the 40 hours of instruction required for continued employment.
Check out a complete list of the new laws here.