Florida criminal charge
Installation or use of tracking devices or tracking applications; exceptions; penalties in Florida
Installation or use of tracking devices or tracking applications; exceptions; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 934.425. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 934.425.
What is the penalty for installation or use of tracking devices or tracking applications; exceptions; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Installation or use of tracking device/application without consent — A person violates this section by knowingly installing, placing, or using a tracking device or tracking application without consent, except as provided in paragraph (b).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Installation or use of tracking device/application without consent — A person violates this section by knowingly installing, placing, or using a tracking device or tracking application without consent, except as provided in paragraph (b).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Installation or use of tracking device/application to commit or facilitate a dangerous crime — A person violates this section to commit or facilitate the commission of a dangerous crime as defined in s. 907.041(5)(a).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Installation or use of tracking device/application to commit or facilitate a dangerous crime — A person violates this section to commit or facilitate the commission of a dangerous crime as defined in s. 907.041(5)(a).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is installation or use of tracking devices or tracking applications; exceptions; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Installation or use of tracking device/application without consent | Felony of the Third Degree | A person violates this section by knowingly installing, placing, or using a tracking device or tracking application without consent, except as provided in paragraph (b). | Fla. Stat. § 934.425(5)(a) |
| Installation or use of tracking device/application to commit or facilitate a dangerous crime | Felony of the Second Degree | A person violates this section to commit or facilitate the commission of a dangerous crime as defined in s. 907.041(5)(a). | Fla. Stat. § 934.425(5)(b) |
Common questions about installation or use of tracking devices or tracking applications; exceptions; penalties in Florida
Is installation or use of tracking devices or tracking applications; exceptions; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: installation or use of tracking devices or tracking applications; exceptions; penalties ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 934.425.
Installation or use of tracking device/application without consent: Felony of the Third Degree (Fla. Stat. § 934.425(5)(a)) · Installation or use of tracking device/application to commit or facilitate a dangerous crime: Felony of the Second Degree (Fla. Stat. § 934.425(5)(b))
What are the penalties for installation or use of tracking devices or tracking applications; exceptions; penalties in Florida?
Penalties for installation or use of tracking devices or tracking applications; exceptions; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers installation or use of tracking devices or tracking applications; exceptions; penalties?
Installation or use of tracking devices or tracking applications; exceptions; penalties is governed by Fla. Stat. § 934.425 (Installation or use of tracking devices or tracking applications; exceptions; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.