August 13, 2015

On June 11, 2015 Governor Scott approved a new law restricting the use of tracking devices. The new law, designated Chapter 2015-137, Laws of Florida, creates Florida Statutes Section 934.425 and amends Florida Statutes Section 493.6118.

This new law prohibits the installation of tracking devices or tracking applications (software program whose primary purpose is to track or identify the location or movement of an individual) on another person’s property without that person’s consent.

There are several exceptions provided, some of which are:

(a) A law enforcement officer may lawfully install a tracking device or tracking application as part of a criminal investigation;

(b) A parent or legal guardian of a minor child may install a tracking device or tracking application on the child’s property; however, if the parents or guardians are not living together then the other parent or guardian’s consent is required, unless the consenting parent or guardian has sole custody;

(c) A caregiver of an elderly person or disabled adult may install a tracking device or tracking application on the property of that person if the treating physician certifies that it is necessary to ensure that person’s safety.

Here is a link to the full text of the new law: http://laws.flrules.org/2015/137. This law will take effect on October 1, 2015.

Attorney Richard “Jake” Jackson has been a lawyer in Volusia County Florida since 1985. Call us at (386) 738-1111 to schedule a free consultation in our office at DeLand, Florida.

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