MIAMI, Florida. Technology has made it easier than ever for someone to monitor or stalk another person — especially during a divorce or separation. If you’re in Florida and suspect your ex is tracking you, here’s how to understand your rights, the law, and what steps you can take.
1. Florida law on tracking devices & applications
What the statute says
In Florida, the key law is **Florida Statute § 934.425 (“Installation or Use of Tracking Devices or Tracking Applications; Exceptions; Penalties”). Florida Senate+1
Highlights:
“Tracking device” means any device whose primary purpose is to reveal its location or movement via electronic signals. The Florida Senate+1
“Tracking application” means software whose primary purpose is to track or identify the location or movement of an individual. Justia Law
It is prohibited to knowingly install or place such a device or app on another person’s property without that person’s consent, or to use such a device/app to determine the location or movement of another person or their property without consent. The Florida Senate+1
Consent is presumed revoked if:
The consenting person and the tracker are lawfully married and one files for divorce. Florida Senate
The consenting person (or tracker) files for a protective injunction (domestic violence, stalking, etc.). Justia Law
Exceptions apply (law enforcement, a parent or guardian tracking a minor, certain business uses, etc.). Florida Senate
Penalties: Violation is a third-degree felony under current statute (Florida Statute § 934.425(5) for 2024) punishable under § 775.082/083/084. Florida.Public.Law
Recent & upcoming changes
- A recent Florida law (SB 1168) took effect October 1, 2025, increasing penalties when the use of the tracking device/app is in connection with certain violent or sexual crimes (murder, assault, kidnapping, rape, robbery) — now carrying up to 15 years in prison. Chapman Criminal Defense Firm+1
- The 2024 amendment under SB 758 strengthened the law (amending § 934.425) by expanding prohibited conduct and adjusting exceptions. Laws of Florida+1
Why this matters in divorce/separation
If you are separated or divorcing, and a shared device, vehicle, or account is being used by your ex — even if it appears consensual — the law says that your consent may be presumed revoked once you file for divorce or a protective injunction. That means what may have once been “joint access” may become illegal tracking under Florida law.
2. Practical “What to do” steps in Florida
If you suspect tracking or monitoring by an ex-partner in Florida, here are steps aligned with the law and your rights in the state.
a. Audit your devices, vehicles, and accounts
- Check your smartphone, tablet, computer for apps you don’t recognize, location sharing settings, device pairing/linked accounts.
- If you suspect spyware: perform a factory reset on devices or consult a trusted IT expert.
- For your vehicle: many modern cars have connected services or apps that allow remote location tracking or unlocking — check what access your ex may have.
- Remove unknown Bluetooth trackers (e.g., small tags) from your vehicle or personal items. Florida’s statute explicitly covers “tracking devices or tracking applications” even when placed on another person’s property. The Florida Senate
b. Change passwords and secure accounts
- Reset all major account passwords (email, Apple/Google, social media, banking) — survivors of abuse are often advised to change passwords every 30-45 days as a precaution.
- Enable multi-factor authentication.
- On social media: restrict who can see your posts, who can tag or post on your timeline, turn off location sharing.
- If you believe your ex still has access to one of your devices or accounts, consider using a different device altogether.
c. Document and preserve evidence
- Keep copies of texts/emails/call logs that suggest monitoring or unwanted location disclosures.
- If you discover a tracker in your car or belongings, take photos with timestamps.
- Write a contemporaneous log of suspicious behavior: e.g., your car seemed to move while you were away, you received unexpected device notifications, you see unknown devices paired to your Bluetooth.
- Save these for your divorce case, custody issues, or any protective order application.
d. Use protective/preventive legal tools
- In Florida, if you have a protective injunction (for domestic violence, stalking, harassment) in place, tracking by your ex may also constitute a violation of that injunction (or build the case for one).
- Ask your attorney about requesting forensic inspection of shared devices/vehicles as part of your divorce proceedings.
- In custody matters: If tracking is established, it can be a relevant factor in your child’s best interest analysis (safety of parent & child).
- Make your attorney aware of the technology concerns — the law (§ 934.425) explicitly addresses the tracking device issue in marital/separation contexts.
e. Prioritize your safety & limit engagement
- Do not respond to harassing or monitoring-provoking communications from your ex — avoid giving them the emotional reaction or engagement they may seek.
- Have a safety plan: know alternative safe places, trusted contacts, local domestic-violence hotlines (Florida has many via the statewide hotline: 1-800-500-1119)
- If you suspect immediate danger (your location is being tracked and you feel unsafe), contact law enforcement.
3. Specific Florida divorce/separation implications
- Even if you and your spouse shared a phone or vehicle previously, once you file for divorce the statute presumes your consent to tracking is revoked. So tracking that was previously technically lawful may become unlawful after separation papers are filed. Florida Senate
- If the vehicle or device is still jointly owned, the situation can be complicated. But don’t assume lawful access just because “we used to share this”. Document your concerns and talk to your attorney.
- Tracking devices/apps can create liability for your ex under Florida criminal law — particularly now with enhanced penalties for tracking in connection with violent crimes. WUSF
- For custody-related matters, the existence of non-consensual tracking or monitoring may strengthen your position if you’re arguing concerns about safety, parental cooperation, or privacy.
- Consider requesting the court issue a temporary order restricting access to shared vehicles/devices until property division is complete.
4. Summary for Florida residents
If you’re going through separation or divorce in Florida and you suspect your ex-partner is tracking or monitoring you:
- Florida law makes non-consensual installation or use of a tracking device/app a felony (third-degree) under § 934.425.
- Your consent is presumed revoked once you file for divorce or a protective injunction — so tracking what may have been “joint access” can become illegal.
- Penalties have recently been increased for more serious cases (tracking in connection with violent or sexual crimes) — up to 15 years in prison.
- You should audit your tech/devices/vehicles, secure your accounts, document evidence, and consult a lawyer experienced in both family law and technology-enabled abuse.
- Prioritize your safety — both tech-wise and physically — and limit contact or engagement with the ex if harassment or monitoring is ongoing.
Here’s a list of Florida-specific legal and support resources for survivors of stalking, monitoring, domestic violence or tech-enabled abuse. You can use these for legal advice, protection orders, safe housing, and more.
(Note: If you are in immediate danger, call 911 first.)
📞 Key Hotlines
- 1-800-500-1119 (TTY: 1-800-621-4202) — for help with domestic violence/safe shelters in Florida.
- Domestic Violence Legal Hotline: 1-850-385-0611 (or TTY 1-800-955-8771) — free legal advice on injunctions, family law, housing, etc.
- National Domestic Violence Hotline: 1-800-799-7233 — helpful if you need national backup or outside Florida.
🏛️ Free / Low-Cost Legal Aid Services in Florida
- Domestic Violence Project: Free legal representation in injunction hearings, divorce/custody for victims of domestic violence, stalking, etc. (Palm Beach County)
- (Collier County / SW Florida): Assists with injunctions for protection, family law, divorce, stalking/abuse victims.
- Offers advocacy, legal support for stalking victims, court accompaniment etc. 24-hour crisis hotline: 1-800-355-8547 (Delray Beach/SE Florida)
📚 Additional Resource Libraries & Info
The state’s legal page on laws & legal services from (DCF) – section “The Laws – Domestic Violence” covers stalking definitions and legal rights.
The official courts site ** – Domestic Violence Resource Library**: Contains guides on stalking, tech-enabled abuse, injunctions, etc.
