Miami Private InvestigationsGenerally, no. Florida makes it a third-degree felony to install a tracking device or tracking application on another person’s property, or to use one to follow their location, without that person’s consent (s. 934.425, F.S.), and getting into a spouse’s phone or reading their stored messages without authorization can violate the computer-crime and stored-communications laws (s. 815.06; s. 934.21, F.S.). Being married does not supply the consent, and hiring a private investigator does not create an exemption.
This page answers the broader question: phones, apps, accounts and cars together. If your question is only about a GPS unit on a vehicle, our detailed guide is it legal to put a GPS tracker on a car in Florida? goes deeper on s. 934.425.
Can I put a tracking app or spyware on my spouse’s phone?
No, not without their consent. Section 934.425 covers a “tracking application,” defined as any software whose primary purpose is to track or identify the location or movement of an individual, as well as hardware devices (s. 934.425(1)(b)-(c)). Installing one on another person’s property without consent, or using one to determine their location, is a felony of the third degree (s. 934.425(2), (5)(a)).
Spyware usually breaks other laws as well. Accessing a phone knowing the access is unauthorized is a third-degree felony, and so is using a device’s own camera or microphone to watch or listen to someone (s. 815.06(2)(a), (f), (3)(a)). An app that captures calls or messages as they are sent also runs into Florida’s interception law, which requires the prior consent of all parties (s. 934.03, F.S.).
What about location sharing we set up together?
Location sharing that your spouse knowingly turned on is consent. Consent can be withdrawn, though, and the statute builds that in: when one spouse files a petition for dissolution of marriage, or either person files for an injunction for protection, consent is presumed revoked (s. 934.425(3)). Quietly re-enabling sharing on their phone, or adding your device to their account without their knowledge, is not consent at all. If a separation is coming, ask your attorney before relying on any shared location data.
Can I read my spouse’s texts, email or cloud messages?
Not by logging in as them. Section 934.21 makes it an offence to access, without authorization or by exceeding authorization, a facility through which an electronic communication service is provided and thereby obtain a message while it is in electronic storage. In plain terms, signing in to your spouse’s email, messaging or cloud account to read what is stored there. The base offence is a misdemeanor of the second degree, and it is more serious for commercial or malicious purposes (s. 934.21(2)). Picking up their unlocked phone to scroll through it raises the device-access problem under s. 815.06. Messages your spouse sent to you are yours, and the statute does not reach a user’s own communications (s. 934.21(3)(b)).
Does paying for the phone or the family plan change anything?
Not in the way many people assume. Florida’s tracking, computer-access and stored-communications laws turn on consent and authorization; none of them says that paying the bill or holding the family plan gives you permission to track, unlock or read the device your spouse carries. Account-holder tools that show a line’s location or usage are built for the account holder’s own management, not as a way around a spouse’s consent. Do not treat the bill as a licence. If you believe you have a genuine right to a device or its data, put that question to an attorney before you act on it, because getting it wrong carries felony exposure and can cost you the evidence.
Can I record my spouse’s phone calls or conversations?
Only with everyone’s prior consent. Intentionally intercepting a wire, oral or electronic communication without all-party consent is a felony of the third degree (s. 934.03(1)(a), (2)(d), (4)(a)). That includes a voice recorder hidden in the car or a call-recording app on a shared tablet.
Can I put a GPS tracker on my spouse’s car?
If the car belongs to your spouse, no: that is placing a tracking device on another person’s property without consent (s. 934.425(2)). The statute does contain an exception for an owner or lessee of a motor vehicle who installs or directs the installation of a tracking device on that vehicle during the period of ownership or lease, with conditions about removal before transfer (s. 934.425(4)(h)). What the statute does not spell out is how that exception applies to a car titled in both spouses’ names, or one titled to you but driven by your spouse, particularly since tracking the car is a way of tracking the person in it. That is a legal question for a family-law or criminal-defence attorney, and it should be answered before anything is installed, not after. Our GPS tracker guide walks through the vehicle rules in more detail.
Can a private investigator track my spouse’s phone or car for me?
No. The statute’s business-purpose exemption “does not apply to a person engaged in private investigation” acting for someone else unless the activity would be exempt if done by the client directly (s. 934.425(4)(g)). In other words, an investigator can do no more with a tracker than you could lawfully do yourself, which for a spouse’s car or phone usually means nothing. Be wary of anyone who offers to “put a GPS on it” for you. Our guide to what a private investigator can legally do in a Florida infidelity case sets out the rest of the limits.
What happens if I do it anyway?
- Criminal exposure. Third-degree felonies under ss. 934.425, 815.06 and 934.03; a misdemeanor or more under s. 934.21. A tracking violation committed to facilitate a dangerous crime is a second-degree felony (s. 934.425(5)(b)).
- Civil liability. A person whose communications were intercepted can sue for actual damages but not less than $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees (s. 934.10, F.S.).
- Lost evidence. The contents of an unlawfully intercepted call or conversation, and evidence derived from it, cannot be received in evidence (s. 934.06, F.S.).
- Damage to your case. In a divorce or custody dispute, the story can shift from your spouse’s conduct to yours.
What are the lawful alternatives?
- Your own records. Joint statements, your own phone bill and your own messages with your spouse.
- Public information. Public social-media posts, check-ins and tagged photos, saved with the date you viewed them. Do not create fake profiles or use someone else’s login to see private content.
- A dated journal. Your own record of absences, explanations and changes, written the same day.
- Your attorney’s tools. Once a case is filed, discovery and subpoenas can reach records you cannot lawfully take yourself.
- Licensed surveillance. Physical surveillance in public places, documented with time-stamped photographs, video and a written log. That is what our surveillance services provide, and it is how a cheating spouse investigator answers “where does my spouse really go?” without a tracker.
For the full picture of what you can do yourself, read how to catch a cheating spouse in Florida (legally).
What if I think my spouse is tracking me?
Check your own phone’s location-sharing settings, the devices signed in to your accounts, and any apps you do not recognise, and change your passwords from a device your spouse has not had access to. If you find a device on your car or fear for your safety, contact law enforcement and an attorney before removing anything, so the evidence is preserved properly. Our infidelity investigations team can talk through your options confidentially.
Miami Private Investigations is licensed in Florida under agency licence A1800135. Call (305) 686-7826 or contact us for a confidential consultation. We can also work alongside your attorney from the start.