Hiding an AirTag in an Ex’s Car? Under Florida’s New Tracking Law, It’s a Third-Degree Felony

• Jun 11 2026

In a modern world, keeping tabs on your keys, wallet, or luggage is as simple as dropping an Apple AirTag or Tile tracker into your bag. But what happens when that same consumer technology is turned into a tool for secret surveillance within a relationship?

Whether born out of jealousy, suspicion of infidelity, or a messy breakup, secretly tracking a significant other used to be a heavily gray legal area in Florida, often treated as a minor misdemeanor.

Not anymore.

Florida lawmakers have aggressively closed this loophole by heavily amending Florida Statute § 934.425. Under the state’s updated cyber-surveillance laws, placing a tracking device or using an app to secretly monitor a boyfriend, girlfriend, spouse, or ex without their explicit consent has skyrocketed to a third-degree felony.

If you have been accused of cyberharassment or unauthorized electronic tracking in South Florida, the state takes these offenses very seriously. You need a veteran Miami criminal defense attorney to handle your case and protect your liberty.

The New Reality of Florida Statute § 934.425

The updated law expands the definition of electronic surveillance to match modern technology. It no longer just covers physical GPS trackers wired under a car’s bumper; it directly criminalizes everyday consumer tech and smartphone software.

Subject to the exceptions in section 934.425(4), Florida law prohibits knowingly:

1. Place or install a tracking device (like an AirTag) or a tracking application (like stalkerware or hidden location-sharing apps) on another person’s property without their consent.

2. Use a tracking device or application to determine the location or movement of another person or their property without their consent.

The inclusion of the word “use” is critical. This means even if you didn’t physically hide the device yourself, if you actively log into an app to track an unauthorized person’s real-time movements, you are violating the law.

Note on “Enhanced Crimes”: If the state can prove that an electronic tracker was used in the furtherance or facilitation of a “dangerous crime” (such as domestic battery, stalking, aggravated assault, or kidnapping), the charge can be elevated even further to a second-degree felony, carrying a punishment of up to 15 years in state prison.

Relationship Breakups and the “Revoked-Consent” Trap

Many felony arrests under this statute do not stem from career criminals, but from ordinary citizens going through emotional relationship collapses. A common scenario involves one partner putting a tracker in a shared vehicle, a diaper bag, or a spouse’s purse during a separation.

A major element of the new law that catches people off guard is the statutory presumption that consent is revoked.

In the past, a defense could argue, “We are married/dating and always shared our phone locations, so I had permission.” Under the revised statute, a person’s legal consent to be tracked is presumed to be revoked the exact moment either party files for:

• A Petition for Dissolution of Marriage (Divorce)

• An Injunction for Protection Against Domestic Violence, Stalking, or Cyberstalking

A qualifying filing creates the statutory presumption. Whether a violation occurred still requires analysis of the charged conduct, knowledge, consent, and any applicable exception; a filing does not automatically prove every element of a felony.

Statutory Exceptions Matter

Section 934.425(4) includes an exception for an owner or lessee tracking that motor vehicle during ownership or lease, subject to removal or specified consent/notice conditions when ownership or the lease changes. Other exceptions address lawful official investigations or supervision, court orders, qualifying parental monitoring, specified caregiving, and good-faith legitimate business activity. Each has conditions. A shared-car or family-account scenario therefore requires individual analysis, and an exception to this statute does not authorize violating another law or court order.

Strategic Legal Defenses Against Electronic Tracking Charges

An arrest for unauthorized tracking does not guarantee a conviction. Because electronic data, Bluetooth footprints, and shared digital accounts can be complex and easily misinterpreted, there are several viable defenses a skilled defense firm can utilize:

• The Property Ownership Defense: The statute outlines specific exceptions for vehicle owners or lessees. If a vehicle’s title is in your name, or it is a joint marital asset, the context of the tracking requires strict analysis to determine if a crime actually occurred.

• Knowledge of the Prohibited Conduct: Did you leave an AirTag in a backpack or vehicle by accident? The state must prove beyond a reasonable doubt that you knowingly engaged in the prohibited installation, placement, or use charged in the case.

• Knowledge and Consent: An accidental placement, actual consent, or evidence that the accused did not knowingly engage in prohibited installation or use may matter. Lack of a malicious motive alone is not a general defense: section 934.425 does not require a separate universal intent to stalk or harass.

Protect Your Future with Valiente Law

A felony conviction in Florida strips away your civil rights, ruins career opportunities, and carries the terrifying prospect of prison time. If a domestic dispute or separation has led to allegations of illegal tracking or stalking, do not speak to law enforcement without a lawyer present. Digital forensics can be twisted by investigators to build a narrative against you.

At Valiente Law, we understand the complex intersections of emotional family disputes and digital evidence. We will aggressively scrutinize the digital footprint, challenge the state’s evidence, and fight to have your charges reduced or completely dismissed.

Don’t let a modern device dictate your future. Contact Valiente Law today to schedule a confidential consultation with a top-rated Miami defense attorney.

Posted in: Criminal, Domestic Violence