Florida Statutes
Fla. Stat. § 934.42 (2025)
Mobile tracking device authorization.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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934.42 Mobile tracking device authorization.—
(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device.
(2) An application under subsection (1) of this section must include:
(a) A statement of the identity of the applicant and the identity of the law enforcement agency conducting the investigation.
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency.
(c) A statement of the offense to which the information likely to be obtained relates.
(d) A statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which authorization is being sought.
(3) Upon application made as provided under subsection (2), the court, if it finds that the certification and statements required by subsection (2) have been made in the application, shall enter an ex parte order authorizing the installation and use of a mobile tracking device. Such order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of Florida if the device is installed within the jurisdiction of the court.
(4) A court may not require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order.
(5) The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices shall apply to the installation and use of any device as authorized by this section.
(6) As used in this section, a “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
Notes of Decisions
Cited in 4
cases, 2009–2018 · leading case: People v. Weaver, 909 N.E.2d 1195 (NY 2009).
People v. Weaver, 909 N.E.2d 1195 (NY 2009). “37 [1]; Fla Stat § 934.42 [2] [b]). At the other end of the spectrum are those states requiring a showing of probable cause.”
State of Florida v. Quinton Redell Sylvestre, 254 So. 3d 986 (Fla. 4th DCA 2018). “Relying on section 934.42, Florida Statutes (2012), the Defendant argues that “not only does subsection (4) not require a probable cause determination by the Magistrate, but specifically states that it may not require ‘greater specificity or additional information beyond which…”
Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011). “” § 934.42(2)(c), Fla. Stat. (2009). Similar to the SCA, section 934.”
State v. Holden, 54 A.3d 1123 (Del. Super. Ct. 2010). “6 (Requiring a warrant to be issued upon "probable cause [ ] shown for believing that such installation or use will lead to the discovery of evidence”); Haw.Rev. Stat. § 803-44.”
— 934.42(2)(c) — 1 case
Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011). “” § 934.42(2)(c), Fla. Stat. (2009). Similar to the SCA, section 934.”
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