Committee advances tougher felony for using tracking devices in furtherance of violent crimes

The Florida Senate Appropriations Committee on Criminal and Civil Justice on Oct. 12 advanced CS for SB 1168, a bill sponsored by Senator Leake that makes using or installing a tracking device or application in furtherance of, or to actually commit, certain dangerous crimes a second-degree felony.

Senator Leake, the bill sponsor, told the committee: "Section 9 23.425 makes installing, placing, or using a tracking device or application on another person's property without that person's consent a crime, punishable as a third degree felony." He said the bill creates a separate aggravated offense "punishable as a second degree felony when a person who violates a section does so in furtherance of a dangerous crime as defined in section 9 0 7.041." Leake added, "A third degree felony is punishable by up to 5 years in prison. A second degree felony is punishable by up to 15 years in prison. It's critical that we establish a deterrence to those who would utilize these technologies in the furtherance of these crimes, which do real harm to our citizens."

The committee adopted amendment 729,004, which Leake described as expanding the covered conduct to include both "the furtherance of committing a crime and the commission of a crime." Senator Russin asked whether there is data showing current third-degree penalties are insufficient; Leake said he had "no objective data on it."

The committee reported CS for SB 1168 favorably by roll call; every senator present voted yes. The bill will proceed to the next steps in the legislative process.

Votes at a glance: CS for SB 1168 — reported favorably (roll call recorded as unanimous among members present).