Those who use electronic devices or cell phone applications to track someone without their knowledge could face felony charges if Gov. Ron DeSantis signs a bill prohibiting it into law. CS/HB 401 would prohibit anyone from using a device such as Apple AirTags to track the movement or location of another person or their property without first getting their consent.
Introduced by Apple in 2021, AirTags use cell iPhones, iPads or Bluetooth devices to locate a variety of personal items, including keys, bags, items of clothing, other small electronic devices and even vehicles. In some cases, the devices have been used to track the locations and movement of human beings as well.
Under the proposed measure, a law enforcement officer may lawfully install a tracking device or application into another person’s property as part of a criminal investigation.
Parents may also use the device to track the movement of a minor child, and caretakers of elderly or disabled adult people may use it to locate or track their movements when “it is necessary to ensure the safety of the elderly person or disabled adult.”
CS/HB 401 was approved by members of the Florida House of Representatives on March 5 by a 113-0 vote.
The State Senate passed it last month by a vote of 37-0.
If signed into law the measure would become effective in October.
