The Private Investigator’s Guide to Florida’s GPS Tracking Law.
By: Jim Parker – © Copyright 2016.
Judging by various media articles and posts to private investigator discussion groups lately, there seems to be a great deal of confusion about Florida’s recently-enacted GPS law.  There is also a troublesome amount of misinformation being circulated about the law, and what effect it has – and doesn’t have – on Florida’s private investigators.  Hopefully, this article will provide an easy-to-follow explanation of this law, and dispel some of the myths surrounding it.  Links to the law and related documents are provided at the bottom of the article.
What it’s all about:
On October 1, 2015, a new GPS law (§934.425 F.S.) went into effect in Florida1.  That law now makes it a criminal offense to knowingly install a tracking device or tracking application on another person’s property without that person’s knowledge or consent. Violation of this law is a second degree misdemeanor, punishable by up to 60 days in jail, a $500 fine, or both.
While this new law is fairly straightforward for those who take a moment to read it, there are a few things that Florida private investigators should pay particular attention to. Â For example, while the law does make it a crime to knowingly install a tracking device without the property owner’s consent, the statute only requires the consent of “an owner” of the property. Â It does not require the consent of “all owners.” Â Specifically, it states:
(4) This section does not apply to:
(e) An owner or lessee of a motor vehicle that installs, or directs the installation of, a tracking device or tracking application on such vehicle during the period of ownership or lease . . .
So, for example, if a husband and wife jointly own a vehicle together, then under this new law, either one of them may direct a private investigator to install a GPS tracking device on that vehicle, regardless of whether the other party knows of, or consents to the installation.
Keep in mind that this does not mean that as a private investigator, you can simply attach a GPS unit onto your subject’s car in an effort to make physical surveillance easier (or even totally unnecessary) just because your client happens to be a co-owner of the vehicle.  The plain-wording of the statute requires that the client must explicitly direct the installation of the device, and even then, an investigator who values their license would do well to get that instruction from their client in writing.  Any PI with experience in marital infidelity cases knows that, once the dust settles, reconciliation between spouses is not uncommon, and that clients will often unabashedly throw the private investigator under the bus if it means staying in the good graces of their partner.
There are a few other exemptions, such as those for parents of minor children, as well as caregivers for disabled adults and the elderly, but even then, strict conditions must be met before such installations would be allowed under the new law.
But what seems to have many private investigators upset is the following wording in section (4)(d), which states:
(4) Â This section does not apply to:
(d)Â A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator.
Many private investigators mistakenly took this as a direct attack on their profession; that they were being unfairly singled out for no good reason.  After all, detective agencies are businesses too, right?  But the real intent in the exception is far less sinister.  Without it, stalkers, jealous ex-partners and others who are legally prohibited from installing a GPS tracker on their victim’s vehicle could easily circumvent the law, simply by hiring a private investigator to install it for them.  In turn, the private investigator could claim that they are a “business entity,” and that they installed the device for a “legitimate business purpose.”  However, with this wording, a private investigator can only install a tracking device at the request of a client, if that client would legally be permitted to install the device themselves.  Nothing unreasonable about that; private investigators should never want to be used as a tool to circumvent the law.
The new GPS law also amended Chapter 493, the section of Florida law that regulates private investigators, adding: “Installation of a tracking device or tracking application in violation of s. 934.425” to the list of activities that constitute “grounds for disciplinary action” by the Division of Licensing2.
It should come as no surprise that when the legislature writes a new law that prohibits members of a specific profession from conducting certain activities, they would empower that profession’s regulatory authority to discipline them if they violate it.
Why nothing really changed for Florida private investigators.
What doesn’t seem to be commonly known by most PI’s is that secretly installing a tracking device on a person’s vehicle was already prohibited in Florida, and it had been for almost two decades before the new law was even drafted.  In 1997, in response to a specific request, the Florida Division of Licensing’s legal department publicly issued their Legal Opinion3 on this very subject.
The question posed to them was:
“Can Florida licensed private investigators legally use mobile tracking devices under Chapter 493, Florida Statutes?“
The Division responded:
“The statute most relevant to an analysis of your inquiry is Section 810.08, Florida Statutes, regarding the crime of trespass in a structure or conveyance. By placing a mobile tracking device on a subject’s car, a private investigator would commit the crime of trespass, in violation of Section 810.08, if he “enters” the car without the owner’s authorization. “Entry” into a vehicle has been found to exist where a person accessed an engine compartment of a hoodless vehicle. Anderson v. State, 415 So. 2d 829 (Fla 3rd DCA 1982). The court in Anderson also held that, for purposes of “entry”, there was no distinction between entering the passenger compartment of an automobile and entering a hoodless engine compartment. Using the court’s reasoning in Anderson, “entering” a vehicle also includes affixing a mobile tracking unit to it.”
In other words, while up until now, using a tracking device to monitor someone’s movements wasn’t specifically prohibited by law in Florida, under most circumstances, the act of secretly attaching a GPS tracker to a vehicle was – and it still is.  The opinion goes on to explain why private investigators could face disciplinary action by the Division of Licensing, even if they were never charged with or convicted of trespassing.
In short, the only thing the new GPS law changed for private investigators was that, by using a GPS tracker on someone’s vehicle without consent, they could now be committing two criminal offenses instead of just one.
Technology is advancing at a breakneck pace, and with that, applicable laws will always have to evolve in an effort to keep up. Â Florida’s new GPS tracking law is nothing more than an example of the state’s law attempting to keep pace with modern technology.
We already put a GPS tracker on our daughter’s car. She is 17. Do we need to remove it and stop tracking her once she turns 18?
§934.425 only prohibits the installation of a tracking device (or tracking application) on another person’s property without their knowledge. It doesn’t prohibit the actual tracking itself. So if the devices is already installed, and you continued to track her using that device, then technically you wouldn’t be violating the statute.
My employer wants to put a GPS in my car to track the mileage I drive because they reimburse me for the miles I drive, but I don’t want them to intall anything because I believe that would be invading my privacy
Can anyone help answer that question?
Hi Maria,
Unfortunately, there doesn’t seem to be a question to answer. Either you:
A: Allow the employer to install the GPS in your vehicle so they can track and reimburse you for your mileage; or
B: Don’t (and perhaps not be fully reimbursed for your mileage).
Neither option has anything to do with someone secretly installing a GPS tracking device.
Maybe seek an agreement where the GPS is deactivated when you’re not on the employer’s time?
Sorry I can’t help more.
Jim
Would it be considered illegal in Florida to install a gps tracking device on a soon-to-be ex-wife’s vehicle if a dissolution of marriage was filed several months prior? What if the vehicle was solely in the husband’s name(due to the wife’s credit issues at the time of financing) but the judge had already ordered the vehicle to be given back to the soon-to be ex-wife through a court motion because she was the daily driver? Is the husband breaking the law if he installed the GPS device months after the wife was given the possession of the vehicle back by a judge?
Hi Kayla,
The law prohibits installing a GPS tracking device on another person’s property. So if the soon-to-be ex-wife is the lawful owner of the vehicle (per the judge’s order), then yes, the husband would be committing a crime by installing a GPS tracker on her vehicle without her knowledge or consent. It doesn’t matter if he was previously the owner of the vehicle; it only matters who owns the property when the device was placed on it.
Dissolution of marriage only comes into play if the parents are monitoring their minor child, which doesn’t sound like the case here, but even then, if they are separated or otherwise living apart, then consent of both parents would be required.
Hope that helps.
I am a licensed Private Investigator.
Can I place a GPS tracker on a vehicle that the wife of my client uses, keep in mind my client is the legal owner of the vehicle and she uses it daily. He has given me written consent to track the vehicle. Can I install the GPS tracker if he specifically requests me to install it or should he install it himself ?
Hi Paul,
Florida’s GPS law only makes it illegal to install a GPS tracker on someone’s vehicle (or other property) without the knowledge and consent of “an owner” of the vehicle, regardless of who uses or drives the vehicle.
§934.425(4)(d) (the section that refers to private investigators) makes it clear that a PI can install a GPS tracker on a vehicle at the request or direction of an owner, but ONLY if there would be nothing legally preventing the owner from installing it themselves, such as a restraining order or injunction.
Like other state GPS laws, Florida’s is written that way to prevent people who would otherwise be prohibited from installing a GPS device themselves from easily circumventing the law by simply hiring a private investigator to do it for them.
Hope that answers your question.
can my ex husband be charged for tracking me illegally even though we cant prove he physically placed the device on my vehicle but can prove he purchased it and was getting the notifications of my where abouts?
Almost certainly, Chelsea.
The decision would ultimately be up to law enforcement and prosecutors whether to pursue it, but I can’t think of any reason why they wouldn’t. Criminal cases are successfully prosecuted on circumstantial evidence all the time.
Has anyone ever actually been prosecuted in Florida for this?
Hi, Jerry.
Yes, people have been arrested, charged and prosecuted in Florida for illegally installing GPS trackers on other people’s vehicles, including a lawyer in Miami (who should probably have known better).
What if a child is 18 and their parents have a tracking device still on their phone.
Someone over the age of 18 is no longer a “child” in Florida, so the exceptions in the law that relate to minor children would no longer apply.
Can an employer demand an employee to download a tracking app in Florida?
Employers can’t demand you do anything you don’t want to do, just as you can’t demand they continue to employ you when you don’t do what they require of you. This has nothing to do with Florida’s GPS law, which only applies to installing GPS tracking applications (or devices) on other people’s property without their knowledge or consent.
What if the mom puts a tracking device in the diaper bag and dad takes the baby for the weekend and is not I formed of the device? Is that against the law?
Hi Angie,
There’s no yes or no answer, I’m afraid. It would depend on your specific situation.
If both parents (or legal guardians) are lawfully married to each other AND are not separated or otherwise living apart, then according to the statute, either parent could install a tracking device on the child’s property. But if the parents are divorced, separated, or otherwise living apart, then the consent of both parents would be required.
But then, it can still get complicated. Even if both parents are married and living together, any prior consent would be presumed revoked if one parent files for divorce or for a protective order against the other parent.
I’d strongly suggest seeking legal advice before doing anything.
What above if you work for a home health care agency and you download there work app that has a gps on it they can track you. Cant they
Hi Susan,
The article is about the use of GPS Trackers and tracking software by Private Investigators, but to answer your question, if you willingly and knowingly install software on your phone which has GPS tracking included in the app, then I can’t see you having any recourse. Even in the context of the article, the installation would have to be done without your knowledge and consent for it to be illegal.
Thank you for explaining this. it’s very helpful
As someone else said, this is nothing new for us in California and probably several other states too.
California has had a similar GPS Tracking law on the books since, I believe, 1999. For private investigators, a violation of that law is grounds for revocation of our licenses.
Excellent article. Thanks for explaining it in such detail.