Fla. Stat. 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 statement of the identity of the applicant and the identity of the law enforcement agency conducting the investigation.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.A statement of the offense to which the information likely to be obtained relates.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.

(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.

Source: Section 934.42 — Mobile tracking device authorization, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­42 (accessed Aug. 7, 2025).

934.01
Legislative findings 934.02
Definitions 934.03
Interception and disclosure of wire, oral, or electronic communications prohibited 934.04
Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited 934.05
Confiscation of wire, oral, or electronic communication intercepting devices 934.06
Prohibition of use as evidence of intercepted wire or oral communications 934.07
Authorization for interception of wire, oral, or electronic communications 934.08
Authorization for disclosure and use of intercepted wire, oral, or electronic communications 934.09
Procedure for interception of wire, oral, or electronic communications 934.10
Civil remedies 934.15
Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted 934.21
Unlawful access to stored communications 934.22
Voluntary disclosure of customer communications or records 934.23
Required disclosure of customer communications or records 934.24
Backup preservation 934.25
Delayed notice 934.26
Cost reimbursement 934.27
Civil action: relief 934.28
Exclusivity of remedies and sanctions 934.31
General prohibition on pen register and trap and trace device use 934.32
Application for an order for a pen register or a trap and trace device 934.33
Issuance of an order for a pen register or a trap and trace device 934.34
Assistance in installation and use of a pen register or a trap and trace device 934.41
Alternative penalty 934.42
Mobile tracking device authorization 934.43
Criminal disclosure of subpoena, order, or authorization 934.50
Searches and seizure using a drone 934.215
Unlawful use of a two-way communications device 934.255
Subpoenas in investigations of sexual offenses 934.425
Installation or use of tracking devices or tracking applications

Current through Fall 2025

§ 934.42. Mobile tracking device authorization's source at flsenate​.gov