Bill Text: FL S0144 | 2021 | Regular Session | Introduced


Bill Title: Searches of Cellular Phones and Other Electronic Devices

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-01-15 - On Committee agenda-- Criminal Justice, 01/26/21, 9:00 am, 110 Senate Building [S0144 Detail]

Download: Florida-2021-S0144-Introduced.html
       Florida Senate - 2021                                     SB 144
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00046-21                                            2021144__
    1                        A bill to be entitled                      
    2         An act relating to searches of cellular phones and
    3         other electronic devices; amending s. 933.02, F.S.;
    4         expanding the grounds for issuance of a search warrant
    5         to include content held within a cellular phone,
    6         portable electronic communication device, or
    7         microphone-enabled household device when such content
    8         constitutes evidence relevant to proving that a felony
    9         has been committed; amending s. 933.04, F.S.; adopting
   10         the constitutional protection against unreasonable
   11         interception of private communications by any means
   12         for purposes of obtaining a search warrant; amending
   13         s. 934.01, F.S.; revising and providing legislative
   14         findings; amending s. 934.02, F.S.; redefining the
   15         terms “oral communication” and “electronic
   16         communication”; defining the terms “microphone-enabled
   17         household device” and “portable electronic
   18         communication device”; amending s. 934.03, F.S.;
   19         authorizing specified persons to provide information,
   20         facilities, or technical assistance to a person
   21         authorized by law to intercept wire, oral, or
   22         electronic communications if such person has been
   23         provided with a search warrant issued by a judge of
   24         competent jurisdiction; prohibiting specified persons
   25         from disclosing the existence of any interception of a
   26         wire, oral, or electronic communication with respect
   27         to which the person has been served with a search
   28         warrant, rather than a court order; amending s.
   29         934.06, F.S.; prohibiting the use of certain
   30         communication content in any trial, hearing, or other
   31         proceeding which was obtained without a specified
   32         warrant; providing an exception; amending s. 934.07,
   33         F.S.; authorizing a judge to issue a search warrant,
   34         rather than grant a court order, in conformity with
   35         specified provisions; authorizing the Department of
   36         Law Enforcement to request a law enforcement agency
   37         that provided certain information to join the
   38         department in seeking a new search warrant; amending
   39         s. 934.09, F.S.; requiring that each application for a
   40         search warrant, rather than an order, authorizing or
   41         approving the interception of wire, oral, or
   42         electronic communications be made in writing and state
   43         the applicant’s authority; revising the required
   44         information that each application for a search warrant
   45         must include; authorizing a judge to authorize a
   46         search warrant ex parte, rather than an ex parte
   47         order, based on the application under certain
   48         circumstances; specifying requirements for search
   49         warrants, rather than orders, issued under certain
   50         circumstances; authorizing an aggrieved person to move
   51         to suppress the contents of certain wire, oral, or
   52         electronic communications before, as well as during, a
   53         trial, hearing, or proceeding; providing for
   54         inadmissibility of certain evidence if a certain
   55         motion is granted; authorizing a judge of competent
   56         jurisdiction to authorize interception within this
   57         state under specified circumstances; amending s.
   58         934.10, F.S., and reenacting subsection (1), relating
   59         to civil remedies; providing that a good faith
   60         reliance on a search warrant, rather than a court
   61         order, subpoena, or legislative authorization, issued
   62         under certain provisions constitutes a complete
   63         defense against specified actions; amending s. 934.21,
   64         F.S.; revising the exceptions to conduct that
   65         constitutes unlawful access to stored communications;
   66         conforming a provision to changes made by the act;
   67         amending s. 934.42, F.S.; defining the terms
   68         “historical location data,” “mobile tracking device,”
   69         and “real-time location tracking”; authorizing an
   70         investigative or law enforcement officer to apply to a
   71         judge of competent jurisdiction for a search warrant,
   72         rather than an order, authorizing real-time location
   73         tracking or acquisition of historical location data;
   74         requiring an application for a search warrant to
   75         include a statement setting forth a reasonable period
   76         of time the mobile tracking device may be used or the
   77         location data may be obtained in real time, not to
   78         exceed a specified limit; authorizing a court to
   79         grant, for good cause, extensions that do not
   80         individually exceed a specified limit; requiring an
   81         applicant seeking historical location data to specify
   82         a date range for the data sought; deleting a provision
   83         requiring a certification to be included in the
   84         application; requiring the court, if it finds probable
   85         cause and that the application contains the required
   86         statements, to grant a search warrant ex parte rather
   87         than entering an ex parte order; specifying that the
   88         search warrant may authorize real-time location
   89         tracking or acquisition of historical location data;
   90         providing that the search warrant may authorize the
   91         tracking as specified; requiring the search warrant to
   92         command the investigative or law enforcement officer
   93         to complete any initiation of the location tracking or
   94         execution of the search warrant for historical
   95         location data authorized by the search warrant within
   96         a certain timeframe; providing requirements for the
   97         return of the search warrant to the judge and for
   98         service of a copy of the search warrant on the person
   99         who was tracked or whose property was tracked;
  100         providing requirements for returning and serving a
  101         search warrant authorizing the acquisition of
  102         historical location data; authorizing a court, for
  103         good cause, to postpone the notice requirement for a
  104         specified time period; requiring that the standards
  105         established by Florida courts for the installation,
  106         use, or monitoring of mobile tracking devices and the
  107         acquisition of location data apply to the
  108         installation, use, or monitoring of any device and the
  109         acquisition of location data as authorized by certain
  110         provisions; deleting the definition of “tracking
  111         device”; authorizing any investigative or law
  112         enforcement officer who is specially designated by
  113         certain persons and who makes specified determinations
  114         to engage in real-time location tracking if a search
  115         warrant is obtained, as specified, after the tracking
  116         has occurred or begins to occur; specifying when real
  117         time location tracking must terminate; reenacting s.
  118         934.22(2)(b), F.S., relating to voluntary disclosure
  119         of customer communications or records, to incorporate
  120         the amendments made to ss. 934.03 and 934.07, F.S., in
  121         references thereto; reenacting s. 934.27(1) and (4),
  122         F.S., relating to relief, damages, and defenses for
  123         certain civil actions, to incorporate the amendments
  124         made to ss. 934.09 and 934.21, F.S., in references
  125         thereto; reenacting ss. 934.23(6), 934.24(6) and (7),
  126         934.25(5), and 934.28, F.S., relating to required
  127         disclosures of customer communications or records, a
  128         subscriber or customer filing a motion for certain
  129         relief and customer notification, delayed notice, and
  130         the exclusivity of remedies and sanctions for certain
  131         violations, respectively, to incorporate the amendment
  132         made to s. 934.21, F.S., in references thereto;
  133         providing an effective date.
  134          
  135  Be It Enacted by the Legislature of the State of Florida:
  136  
  137         Section 1. Section 933.02, Florida Statutes, is amended to
  138  read:
  139         933.02 Grounds for issuance of search warrant.—Upon proper
  140  affidavits being made, a search warrant may be issued under the
  141  provisions of this chapter upon any of the following grounds:
  142         (1) When the property shall have been stolen or embezzled
  143  in violation of law.;
  144         (2) When any property shall have been used:
  145         (a) As a means to commit any crime;
  146         (b) In connection with gambling, gambling implements and
  147  appliances; or
  148         (c) In violation of s. 847.011 or other laws in reference
  149  to obscene prints and literature.;
  150         (3) When any property, or when content held within a
  151  cellular phone, a portable electronic communication device as
  152  defined in s. 934.02(28), or a microphone-enabled household
  153  device as defined in s. 934.02(27), constitutes evidence
  154  relevant to proving that a felony has been committed.;
  155         (4) When any property is being held or possessed:
  156         (a) In violation of any of the laws prohibiting the
  157  manufacture, sale, and transportation of intoxicating liquors;
  158         (b) In violation of the fish and game laws;
  159         (c) In violation of the laws relative to food and drug; or
  160         (d) In violation of the laws relative to citrus disease
  161  pursuant to s. 581.184.; or
  162         (5) When the laws in relation to cruelty to animals, as
  163  provided in chapter 828, have been or are violated in any
  164  particular building or place.
  165  
  166  This section also applies to any papers or documents used as a
  167  means of or in aid of the commission of any offense against the
  168  laws of the state.
  169         Section 2. Section 933.04, Florida Statutes, is amended to
  170  read:
  171         933.04 Affidavits.—The right of the people to be secure in
  172  their persons, houses, papers, and effects against unreasonable
  173  seizures and searches and against the unreasonable interception
  174  of private communications by any means may shall not be violated
  175  and a no search warrant may not shall be issued except upon
  176  probable cause, supported by oath or affirmation particularly
  177  describing the place to be searched and the person and thing to
  178  be seized.
  179         Section 3. Section 934.01, Florida Statutes, is amended to
  180  read:
  181         934.01 Legislative findings.—On the basis of its own
  182  investigations and of published studies, the Legislature makes
  183  the following findings:
  184         (1) Wire communications are normally conducted through the
  185  use of facilities which form part of an intrastate network. The
  186  same facilities are used for interstate and intrastate
  187  communications.
  188         (2) In order to protect effectively the privacy of wire,
  189  and oral, and electronic communications, to protect the
  190  integrity of court and administrative proceedings, and to
  191  prevent the obstruction of intrastate commerce, it is necessary
  192  for the Legislature to define the circumstances and conditions
  193  under which the interception of wire, and oral, and electronic
  194  communications may be authorized and to prohibit any
  195  unauthorized interception of such communications and the use of
  196  the contents thereof in evidence in courts and administrative
  197  proceedings.
  198         (3) Organized criminals make extensive use of wire, and
  199  oral, and electronic communications in their criminal
  200  activities. The interception of such communications to obtain
  201  evidence of the commission of crimes or to prevent their
  202  commission is an indispensable aid to law enforcement and the
  203  administration of justice.
  204         (4) To safeguard the privacy of innocent persons, the
  205  interception of wire, or oral, or electronic communications when
  206  none of the parties to the communication has consented to the
  207  interception should be allowed only when authorized by a court
  208  of competent jurisdiction and should remain under the control
  209  and supervision of the authorizing court. Interception of wire,
  210  and oral, and electronic communications should further be
  211  limited to certain major types of offenses and specific
  212  categories of crime with assurance that the interception is
  213  justified and that the information obtained thereby will not be
  214  misused.
  215         (5)To safeguard the privacy of innocent persons, the
  216  Legislature recognizes the subjective expectation of privacy in
  217  real-time cell-site location data, real-time precise global
  218  positioning system location data, and historical precise global
  219  positioning system location data which society is now prepared
  220  to accept is objectively reasonable. As such, the law
  221  enforcement collection of the precise location of a person,
  222  cellular phone, or portable electronic communication device
  223  without the consent of the person or owner of the cellular phone
  224  or portable electronic communication device should be allowed
  225  only when authorized by a search warrant issued by a court of
  226  competent jurisdiction and should remain under the control and
  227  supervision of the authorizing court.
  228         (6) The Legislature recognizes that the use of portable
  229  electronic communication devices is growing at a rapidly
  230  increasing rate. These devices can store, and encourage the
  231  storing of, an almost limitless amount of personal and private
  232  information. Often linked to the Internet, these devices are
  233  commonly used to access personal and business information and
  234  databases in computers and servers that can be located anywhere
  235  in the world. The user of a portable electronic communication
  236  device has a reasonable and justifiable expectation of privacy
  237  in the information that these devices contain.
  238         (7) The Legislature recognizes that the use of household
  239  electronic devices, including microphone-enabled household
  240  devices, is growing rapidly. These devices often contain
  241  microphones that listen for and respond to environmental cues.
  242  These household devices are generally connected to and
  243  communicate through the Internet, resulting in the storage of
  244  and accessibility to daily household information in the device
  245  itself or in a remote computing service. Persons should not have
  246  to choose between using household technological enhancements and
  247  conveniences or preserving the right to privacy in their own
  248  homes.
  249         Section 4. Subsections (2) and (12) of section 934.02,
  250  Florida Statutes, are amended, and subsections (27) and (28) are
  251  added to that section, to read:
  252         934.02 Definitions.—As used in this chapter:
  253         (2) “Oral communication” means any oral communication
  254  uttered by a person exhibiting an expectation that such
  255  communication is not subject to interception under circumstances
  256  justifying such expectation, including the use of a microphone
  257  enabled household device, and does not mean any public oral
  258  communication uttered at a public meeting or any electronic
  259  communication.
  260         (12) “Electronic communication” means any transfer of
  261  signs, signals, writing, images, sounds, data, or intelligence
  262  of any nature transmitted in whole or in part by a wire, a
  263  radio, a communication tower, a satellite, an electromagnetic, a
  264  photoelectronic, or a photooptical system that affects
  265  intrastate, interstate, or foreign commerce, but does not
  266  include:
  267         (a) Any wire or oral communication;
  268         (b) Any communication made through a tone-only paging
  269  device;
  270         (c) Any communication from an electronic or mechanical
  271  device which permits the tracking of the movement of a person or
  272  an object; or
  273         (c)(d) Electronic funds transfer information stored by a
  274  financial institution in a communications system used for the
  275  electronic storage and transfer of funds.
  276         (27) “Microphone-enabled household device” means a device,
  277  sensor, or other physical object within a residence which:
  278         (a) Is capable of connecting to the Internet, directly or
  279  indirectly, or to another connected device;
  280         (b) Is capable of creating, receiving, accessing,
  281  processing, or storing electronic data or communications;
  282         (c) Communicates with, by any means, another device,
  283  entity, or individual; and
  284         (d) Contains a microphone designed to listen for and
  285  respond to environmental cues.
  286         (28) “Portable electronic communication device” means an
  287  object that may be easily transported or conveyed by a person;
  288  is capable of creating, receiving, accessing, processing, or
  289  storing electronic data or communications; and communicates
  290  with, by any means, another device, entity, or individual.
  291         Section 5. Subsection (2) of section 934.03, Florida
  292  Statutes, is amended to read:
  293         934.03 Interception and disclosure of wire, oral, or
  294  electronic communications prohibited.—
  295         (2)(a)1. It is lawful under this section and ss. 934.04
  296  934.09 for an operator of a switchboard, or an officer,
  297  employee, or agent of a provider of wire or electronic
  298  communication service whose facilities are used in the
  299  transmission of a wire or electronic communication, to
  300  intercept, disclose, or use that communication in the normal
  301  course of his or her employment while engaged in any activity
  302  which is a necessary incident to the rendition of his or her
  303  service or to the protection of the rights or property of the
  304  provider of that service, except that a provider of wire
  305  communication service to the public may not use shall not
  306  utilize service observing or random monitoring except for
  307  mechanical or service quality control checks.
  308         2. Notwithstanding any other law, a provider of wire, oral,
  309  or electronic communication service, or an officer, employee, or
  310  agent thereof, or landlord, custodian, or other person, may
  311  provide information, facilities, or technical assistance to a
  312  person authorized by law to intercept wire, oral, or electronic
  313  communications if such provider, or an officer, employee, or
  314  agent thereof, or landlord, custodian, or other person, has been
  315  provided with:
  316         a. A court order directing such assistance signed by the
  317  authorizing judge; or
  318         b. A certification in writing by a person specified in s.
  319  934.09(7) that a search no warrant or court order is not
  320  required by law, that all statutory requirements have been met,
  321  and that the specified assistance is required, setting forth the
  322  period of time during which the provision of the information,
  323  facilities, or technical assistance is authorized and specifying
  324  the information, facilities, or technical assistance required;
  325  or
  326         b. A search warrant issued by a judge of competent
  327  jurisdiction as required by law.
  328         3. A provider of wire, oral, or electronic communication
  329  service, or an officer, employee, or agent thereof, or landlord,
  330  custodian, or other person may not disclose the existence of any
  331  interception or the device used to accomplish the interception
  332  with respect to which the person has been served with a search
  333  warrant furnished an order under this section and ss. 934.04
  334  934.09, except as may otherwise be required by legal process and
  335  then only after prior notice to the Governor, the Attorney
  336  General, the statewide prosecutor, or a state attorney, as may
  337  be appropriate. Any such disclosure renders such person liable
  338  for the civil damages provided under s. 934.10, and such person
  339  may be prosecuted under s. 934.43. An action may not be brought
  340  against any provider of wire, oral, or electronic communication
  341  service, or an officer, employee, or agent thereof, or landlord,
  342  custodian, or other person for providing information,
  343  facilities, or assistance in accordance with the terms of a
  344  search warrant court order under this section and ss. 934.04
  345  934.09.
  346         (b) It is lawful under this section and ss. 934.04-934.09
  347  for an officer, employee, or agent of the Federal Communications
  348  Commission, in the normal course of his or her employment and in
  349  discharge of the monitoring responsibilities exercised by the
  350  commission in the enforcement of 47 U.S.C. chapter 5, to
  351  intercept a wire, oral, or electronic communication transmitted
  352  by radio or to disclose or use the information thereby obtained.
  353         (c) It is lawful under this section and ss. 934.04-934.09
  354  for an investigative or law enforcement officer or a person
  355  acting under the direction of an investigative or law
  356  enforcement officer to intercept a wire, oral, or electronic
  357  communication when such person is a party to the communication
  358  or one of the parties to the communication has given prior
  359  consent to such interception and the purpose of such
  360  interception is to obtain evidence of a criminal act.
  361         (d) It is lawful under this section and ss. 934.04-934.09
  362  for a person to intercept a wire, oral, or electronic
  363  communication when all of the parties to the communication have
  364  given prior consent to such interception.
  365         (e) It is unlawful to intercept any wire, oral, or
  366  electronic communication for the purpose of committing any
  367  criminal act.
  368         (f) It is lawful under this section and ss. 934.04-934.09
  369  for an employee of a telephone company to intercept a wire
  370  communication for the sole purpose of tracing the origin of such
  371  communication when the interception is requested by the
  372  recipient of the communication and the recipient alleges that
  373  the communication is obscene, harassing, or threatening in
  374  nature. The individual conducting the interception shall notify
  375  local police authorities within 48 hours after the time of the
  376  interception.
  377         (g) It is lawful under this section and ss. 934.04-934.09
  378  for an employee of:
  379         1. An ambulance service licensed pursuant to s. 401.25, a
  380  fire station employing firefighters as defined by s. 633.102, a
  381  public utility, a law enforcement agency as defined by s.
  382  934.02(10), or any other entity with published emergency
  383  telephone numbers;
  384         2. An agency operating an emergency telephone number “911”
  385  system established pursuant to s. 365.171; or
  386         3. The central abuse hotline operated pursuant to s. 39.201
  387  
  388  to intercept and record incoming wire communications; however,
  389  such employee may intercept and record incoming wire
  390  communications on designated “911” telephone numbers and
  391  published nonemergency telephone numbers staffed by trained
  392  dispatchers at public safety answering points only. It is also
  393  lawful for such employee to intercept and record outgoing wire
  394  communications to the numbers from which such incoming wire
  395  communications were placed when necessary to obtain information
  396  required to provide the emergency services being requested. For
  397  the purpose of this paragraph, the term “public utility” has the
  398  same meaning as provided in s. 366.02 and includes a person,
  399  partnership, association, or corporation now or hereafter owning
  400  or operating equipment or facilities in the state for conveying
  401  or transmitting messages or communications by telephone or
  402  telegraph to the public for compensation.
  403         (h) It is lawful shall not be unlawful under this section
  404  and ss. 934.04-934.09 for any person:
  405         1. To intercept or access an electronic communication made
  406  through an electronic communication system that is configured so
  407  that such electronic communication is readily accessible to the
  408  general public.
  409         2. To intercept any radio communication which is
  410  transmitted:
  411         a. By any station for the use of the general public, or
  412  that relates to ships, aircraft, vehicles, or persons in
  413  distress;
  414         b. By any governmental, law enforcement, civil defense,
  415  private land mobile, or public safety communications system,
  416  including any police or fire communications system, readily
  417  accessible to the general public;
  418         c. By a station operating on an authorized frequency within
  419  the bands allocated to the amateur, citizens band, or general
  420  mobile radio services; or
  421         d. By any marine or aeronautical communications system.
  422         3. To engage in any conduct which:
  423         a. Is prohibited by s. 633 of the Communications Act of
  424  1934; or
  425         b. Is excepted from the application of s. 705(a) of the
  426  Communications Act of 1934 by s. 705(b) of that act.
  427         4. To intercept any wire or electronic communication the
  428  transmission of which is causing harmful interference to any
  429  lawfully operating station of consumer electronic equipment to
  430  the extent necessary to identify the source of such
  431  interference.
  432         5. To intercept, if such person is another user of the same
  433  frequency, any radio communication that is not scrambled or
  434  encrypted made through a system that utilizes frequencies
  435  monitored by individuals engaged in the provision or the use of
  436  such system.
  437         6. To intercept a satellite transmission that is not
  438  scrambled or encrypted and that is transmitted:
  439         a. To a broadcasting station for purposes of retransmission
  440  to the general public; or
  441         b. As an audio subcarrier intended for redistribution to
  442  facilities open to the public, but not including data
  443  transmissions or telephone calls, when such interception is not
  444  for the purposes of direct or indirect commercial advantage or
  445  private financial gain.
  446         7. To intercept and privately view a private satellite
  447  video communication that is not scrambled or encrypted or to
  448  intercept a radio communication that is transmitted on
  449  frequencies allocated under subpart D of part 74 of the rules of
  450  the Federal Communications Commission that is not scrambled or
  451  encrypted, if such interception is not for a tortious or illegal
  452  purpose or for purposes of direct or indirect commercial
  453  advantage or private commercial gain.
  454         (i) It is lawful shall not be unlawful under this section
  455  and ss. 934.04-934.09:
  456         1. To use a pen register or a trap and trace device as
  457  authorized under ss. 934.31-934.34 or under federal law; or
  458         2. For a provider of electronic communication service to
  459  record the fact that a wire or electronic communication was
  460  initiated or completed in order to protect such provider,
  461  another provider furnishing service toward the completion of the
  462  wire or electronic communication, or a user of that service,
  463  from fraudulent, unlawful, or abusive use of such service.
  464         (j) It is lawful not unlawful under this section and ss.
  465  934.04-934.09 for a person acting under color of law to
  466  intercept the wire or electronic communications of a computer
  467  trespasser which are transmitted to, through, or from a
  468  protected computer if:
  469         1. The owner or operator of the protected computer
  470  authorizes the interception of the communications of the
  471  computer trespasser;
  472         2. The person acting under color of law is lawfully engaged
  473  in an investigation;
  474         3. The person acting under color of law has reasonable
  475  grounds to believe that the contents of the communications of
  476  the computer trespasser will be relevant to the investigation;
  477  and
  478         4. The interception does not acquire communications other
  479  than those transmitted to, through, or from the computer
  480  trespasser.
  481         (k) It is lawful under this section and ss. 934.04-934.09
  482  for a child under 18 years of age to intercept and record an
  483  oral communication if the child is a party to the communication
  484  and has reasonable grounds to believe that recording the
  485  communication will capture a statement by another party to the
  486  communication that the other party intends to commit, is
  487  committing, or has committed an unlawful sexual act or an
  488  unlawful act of physical force or violence against the child.
  489         Section 6. Section 934.06, Florida Statutes, is amended to
  490  read:
  491         934.06 Prohibition of use as evidence of intercepted wire
  492  or oral communications; content of cellular phone, microphone
  493  enabled household device, or portable electronic communication
  494  device; exceptions exception.—Whenever any wire or oral
  495  communication has been intercepted, or when the content of a
  496  cellular phone, microphone-enabled household device, or portable
  497  electronic communication device is obtained without a search
  498  warrant supported by probable cause, no part of the contents of
  499  such communication or content and no evidence derived therefrom
  500  may be received in evidence in any trial, hearing, or other
  501  proceeding in or before any court, grand jury, department,
  502  officer, agency, regulatory body, legislative committee, or
  503  other authority of the state, or a political subdivision
  504  thereof, if the disclosure of that information would be in
  505  violation of this chapter. The prohibition of use as evidence
  506  provided in this section does not apply in cases of prosecution
  507  for criminal interception in violation of the provisions of this
  508  chapter, or in cases where the content of a cellular phone,
  509  microphone-enabled household device, or portable electronic
  510  communication device is lawfully obtained under circumstances
  511  where a search warrant is not required.
  512         Section 7. Subsections (1) and (2) of section 934.07,
  513  Florida Statutes, are amended to read:
  514         934.07 Authorization for interception of wire, oral, or
  515  electronic communications.—
  516         (1) The Governor, the Attorney General, the statewide
  517  prosecutor, or any state attorney may authorize an application
  518  to a judge of competent jurisdiction for, and such judge may
  519  issue a search warrant as required by law grant in conformity
  520  with ss. 934.03-934.09 an order authorizing or approving the
  521  interception of, wire, oral, or electronic communications by:
  522         (a) The Department of Law Enforcement or any law
  523  enforcement agency as defined in s. 934.02 having responsibility
  524  for the investigation of the offense as to which the application
  525  is made when such interception may provide or has provided
  526  evidence of the commission of the offense of murder, kidnapping,
  527  aircraft piracy, arson, gambling, robbery, burglary, theft,
  528  dealing in stolen property, criminal usury, bribery, or
  529  extortion; any felony violation of ss. 790.161-790.166,
  530  inclusive; any violation of s. 787.06; any violation of chapter
  531  893; any violation of the provisions of the Florida Anti-Fencing
  532  Act; any violation of chapter 895; any violation of chapter 896;
  533  any violation of chapter 815; any violation of chapter 847; any
  534  violation of s. 827.071; any violation of s. 944.40; or any
  535  conspiracy or solicitation to commit any violation of the laws
  536  of this state relating to the crimes specifically enumerated in
  537  this paragraph.
  538         (b) The Department of Law Enforcement, together with other
  539  assisting personnel as authorized and requested by the
  540  department under s. 934.09(5), for the investigation of the
  541  offense as to which the application is made when such
  542  interception may provide or has provided evidence of the
  543  commission of any offense that may be an act of terrorism or in
  544  furtherance of an act of terrorism or evidence of any conspiracy
  545  or solicitation to commit any such violation.
  546         (2)(a) If, during the course of an interception of
  547  communications by a law enforcement agency as authorized under
  548  paragraph (1)(a), the law enforcement agency finds that the
  549  intercepted communications may provide or have provided evidence
  550  of the commission of any offense that may be an act of terrorism
  551  or in furtherance of an act of terrorism, or evidence of any
  552  conspiracy or solicitation to commit any such violation, the law
  553  enforcement agency shall promptly notify the Department of Law
  554  Enforcement and apprise the department of the contents of the
  555  intercepted communications. The agency notifying the department
  556  may continue its previously authorized interception with
  557  appropriate minimization, as applicable, and may otherwise
  558  assist the department as provided in this section.
  559         (b) Upon its receipt of information of the contents of an
  560  intercepted communications from a law enforcement agency, the
  561  Department of Law Enforcement shall promptly review the
  562  information to determine whether the information relates to an
  563  actual or anticipated act of terrorism as defined in this
  564  section. If, after reviewing the contents of the intercepted
  565  communications, there is probable cause that the contents of the
  566  intercepted communications meet the criteria of paragraph
  567  (1)(b), the Department of Law Enforcement may make application
  568  for the interception of wire, oral, or electronic communications
  569  consistent with paragraph (1)(b). The department may make an
  570  independent new application for interception based on the
  571  contents of the intercepted communications. Alternatively, the
  572  department may request the law enforcement agency that provided
  573  the information to join with the department in seeking a new
  574  search warrant as required by law or an amendment of the
  575  original interception search warrant order, or may seek
  576  additional authority to continue intercepting communications
  577  under the direction of the department. In carrying out its
  578  duties under this section, the department may use the provisions
  579  for an emergency interception provided in s. 934.09(7) if
  580  applicable under statutory criteria.
  581         Section 8. Section 934.09, Florida Statutes, is amended to
  582  read:
  583         934.09 Procedure for interception of wire, oral, or
  584  electronic communications.—
  585         (1) Each application for a search warrant an order
  586  authorizing or approving the interception of a wire, oral, or
  587  electronic communication under ss. 934.03-934.09 shall be made
  588  in writing upon oath or affirmation to a judge of competent
  589  jurisdiction and shall state the applicant’s authority to make
  590  such application. Each application shall include the following
  591  information:
  592         (a) The identity of the investigative or law enforcement
  593  officer making the application and the officer authorizing the
  594  application.
  595         (b) A full and complete statement of the facts and
  596  circumstances relied upon by the applicant to justify his or her
  597  belief that a search warrant an order should be issued,
  598  including:
  599         1. Details as to the particular offense that has been, is
  600  being, or is about to be committed.
  601         2. Except as provided in subsection (11), a particular
  602  description of the nature and location of the facilities from
  603  which, or the place where, the communications are to be
  604  intercepted.
  605         3. A particular description of the type of communications
  606  sought to be intercepted.
  607         4. The identity of the person, if known, committing the
  608  offense and whose communications are to be intercepted.
  609         (c) A full and complete statement as to whether or not
  610  other investigative procedures have been tried and failed or why
  611  they reasonably appear to be unlikely to succeed if tried or to
  612  be too dangerous.
  613         (d) A statement of the period of time for which the
  614  interception is required to be maintained and, if the nature of
  615  the investigation is such that the authorization for
  616  interception should not automatically terminate when the
  617  described type of communication has been first obtained, a
  618  particular description of facts establishing probable cause to
  619  believe that additional communications of the same type will
  620  occur thereafter.
  621         (e) A full and complete statement of the facts concerning
  622  all previous applications known to the individual authorizing
  623  and making the application, made to any judge for authorization
  624  to intercept, or for approval of interceptions of, wire, oral,
  625  or electronic communications involving any of the same persons,
  626  facilities, or places specified in the application, and the
  627  action taken by the judge on each such application.
  628         (f) When the application is for the extension of a search
  629  warrant an order, a statement setting forth the results thus far
  630  obtained from the interception or a reasonable explanation of
  631  the failure to obtain such results.
  632         (2) The judge may require the applicant to furnish
  633  additional testimony or documentary evidence in support of the
  634  application.
  635         (3) Upon such application, the judge may authorize a search
  636  warrant enter an ex parte order, as requested or as modified,
  637  authorizing or approving interception of wire, oral, or
  638  electronic communications within the territorial jurisdiction of
  639  the court in which the judge is sitting, and outside such
  640  jurisdiction but within the State of Florida in the case of a
  641  mobile interception device authorized by the judge within such
  642  jurisdiction, if the judge determines on the basis of the facts
  643  submitted by the applicant that:
  644         (a) There is probable cause for belief that an individual
  645  is committing, has committed, or is about to commit an offense
  646  as provided in s. 934.07.
  647         (b) There is probable cause for belief that particular
  648  communications concerning that offense will be obtained through
  649  such interception.
  650         (c) Normal investigative procedures have been tried and
  651  have failed or reasonably appear to be unlikely to succeed if
  652  tried or to be too dangerous.
  653         (d) Except as provided in subsection (11), there is
  654  probable cause for belief that the facilities from which, or the
  655  place where, the wire, oral, or electronic communications are to
  656  be intercepted are being used, or are about to be used, in
  657  connection with the commission of such offense, or are leased
  658  to, listed in the name of, or commonly used by such person.
  659         (4) Each search warrant order authorizing or approving the
  660  interception of any wire, oral, or electronic communication
  661  shall specify:
  662         (a) The identity of the person, if known, whose
  663  communications are to be intercepted.
  664         (b) The nature and location of the communications
  665  facilities as to which, or the place where, authority to
  666  intercept is granted.
  667         (c) A particular description of the type of communication
  668  sought to be intercepted and a statement of the particular
  669  offense to which it relates.
  670         (d) The identity of the agency authorized to intercept the
  671  communications and of the person authorizing the application.
  672         (e) The period of time during which such interception is
  673  authorized, including a statement as to whether or not the
  674  interception shall automatically terminate when the described
  675  communication has been first obtained.
  676  
  677  A search warrant An order authorizing the interception of a
  678  wire, oral, or electronic communication shall, upon the request
  679  of the applicant, direct that a provider of wire or electronic
  680  communication service, landlord, custodian, or other person
  681  shall furnish the applicant forthwith all information,
  682  facilities, and technical assistance necessary to accomplish the
  683  interception unobtrusively and with a minimum of interference
  684  with the services that such service provider, landlord,
  685  custodian, or person is according the person whose
  686  communications are to be intercepted. The obligation of a
  687  provider of wire, oral, or electronic communication service
  688  under such a search warrant an order may include, but is not
  689  limited to, conducting an in-progress trace during an
  690  interception, or providing other assistance to support the
  691  investigation as may be specified in the search warrant order.
  692  Any provider of wire or electronic communication service,
  693  landlord, custodian, or other person furnishing such facilities
  694  or technical assistance shall be compensated therefor by the
  695  applicant for reasonable expenses incurred in providing such
  696  facilities or assistance.
  697         (5) A search warrant No order entered under this section
  698  may not authorize or approve the interception of any wire, oral,
  699  or electronic communication for any period longer than is
  700  necessary to achieve the objective of the authorization or in
  701  any event longer than 30 days. Such 30-day period begins on the
  702  day on which the agent or officer of the law enforcement agency
  703  first begins to conduct an interception under the search warrant
  704  order or 10 days after the search warrant is approved order is
  705  entered, whichever occurs earlier. Extensions of a search
  706  warrant an order may be granted but only upon application for an
  707  extension made in accordance with subsection (1) and upon the
  708  court making the findings required by subsection (3). The period
  709  of extension shall be no longer than the authorizing judge deems
  710  necessary to achieve the purposes for which it was granted and
  711  in no event for longer than 30 days. Every search warrant order
  712  and extension thereof shall contain a provision that the
  713  authorization to intercept shall be executed as soon as
  714  practicable, shall be conducted in such a way as to minimize the
  715  interception of communications not otherwise subject to
  716  interception under ss. 934.03-934.09, and must terminate upon
  717  attainment of the authorized objective or in any event in 30
  718  days. If the intercepted communication is in code or foreign
  719  language and an expert in that foreign language or code is not
  720  reasonably available during the interception period,
  721  minimization may be accomplished as soon as practicable after
  722  such interception. An interception under ss. 934.03-934.09 may
  723  be conducted in whole or in part by government personnel or by
  724  an individual operating under a contract with the government,
  725  acting under the supervision of an agent or officer of the law
  726  enforcement agency authorized to conduct the interception.
  727         (6) Whenever a search warrant an order authorizing
  728  interception is granted entered pursuant to ss. 934.03-934.09,
  729  the search warrant order may require reports to be made to the
  730  judge who issued the search warrant order showing what progress
  731  has been made toward achievement of the authorized objective and
  732  the need for continued interception. Such reports shall be made
  733  at such intervals as the judge may require.
  734         (7) Notwithstanding any other provision of this chapter,
  735  any investigative or law enforcement officer specially
  736  designated by the Governor, the Attorney General, the statewide
  737  prosecutor, or a state attorney acting under this chapter, who
  738  reasonably determines that:
  739         (a) An emergency exists that:
  740         1. Involves immediate danger of death or serious physical
  741  injury to any person, the danger of escape of a prisoner, or
  742  conspiratorial activities threatening the security interest of
  743  the nation or state; and
  744         2. Requires that a wire, oral, or electronic communication
  745  be intercepted before a search warrant an order authorizing such
  746  interception can, with due diligence, be obtained; and
  747         (b) There are grounds upon which a search warrant an order
  748  could be entered under this chapter to authorize such
  749  interception,
  750  
  751  may intercept such wire, oral, or electronic communication if an
  752  application for a search warrant an order approving the
  753  interception is made in accordance with this section within 48
  754  hours after the interception has occurred or begins to occur. In
  755  the absence of a search warrant an order, such interception
  756  shall immediately terminate when the communication sought is
  757  obtained or when the application for the search warrant order is
  758  denied, whichever is earlier. If such application for approval
  759  is denied, or in any other case in which the interception is
  760  terminated without a search warrant an order having been issued,
  761  the contents of any wire, oral, or electronic communication
  762  intercepted shall be treated as having been obtained in
  763  violation of s. 934.03(4), and an inventory shall be served as
  764  provided for in paragraph (8)(e) on the person named in the
  765  application.
  766         (8)(a) The contents of any wire, oral, or electronic
  767  communication intercepted by any means authorized by ss. 934.03
  768  934.09 shall, if possible, be recorded on tape or wire or other
  769  comparable device. The recording of the contents of any wire,
  770  oral, or electronic communication under this subsection shall be
  771  kept in such a way as will protect the recording from editing or
  772  other alterations. Immediately upon the expiration of the period
  773  of the search warrant order, or extensions thereof, such
  774  recordings shall be made available to the judge approving the
  775  search warrant issuing such order and sealed under his or her
  776  directions. Custody of the recordings shall be wherever the
  777  judge orders. They may shall not be destroyed except upon an
  778  order of the issuing or denying judge, or that judge’s successor
  779  in office, and in any event shall be kept for 10 years.
  780  Duplicate recordings may be made for use or disclosure pursuant
  781  to the provisions of s. 934.08(1) and (2) for investigations, or
  782  for purposes of discovery as required by law.
  783         (b) The presence of the seal provided for by this
  784  subsection, or a satisfactory explanation for the absence
  785  thereof, shall be a prerequisite for the use or disclosure of
  786  the contents of any wire, oral, or electronic communication or
  787  evidence derived therefrom under s. 934.08(3), as required by
  788  federal law.
  789         (c) Applications made and search warrants orders granted
  790  under ss. 934.03-934.09 shall be sealed by the judge. Custody of
  791  the applications and search warrants orders shall be wherever
  792  the judge directs. As required by federal law, such applications
  793  and search warrants orders shall be disclosed only for purposes
  794  of discovery or upon a showing of good cause before a judge of
  795  competent jurisdiction and may shall not be destroyed except on
  796  order of the issuing or denying judge, or that judge’s successor
  797  in office, and in any event shall be kept for 10 years.
  798         (d) Any violation of the provisions of this subsection may
  799  be punished as contempt of the issuing or denying judge.
  800         (e) Within a reasonable time but not later than 90 days
  801  after the termination of the period of a search warrant an order
  802  or extensions thereof, the issuing or denying judge shall cause
  803  to be served on the persons named in the search warrant order or
  804  the application, and such other parties to intercepted
  805  communications as the judge may determine in his or her
  806  discretion to be in the interest of justice, an inventory which
  807  shall include notice of:
  808         1. The fact of the approval of the search warrant entry of
  809  the order or the application.
  810         2. The date of the approval of the search warrant entry and
  811  the period of authorized, approved, or disapproved interception,
  812  or the denial of the application.
  813         3. The fact that during the period wire, oral, or
  814  electronic communications were or were not intercepted.
  815  
  816  The judge, upon the filing of a motion, may make available to
  817  such person or the person’s counsel for inspection such portions
  818  of the intercepted communications, applications, and search
  819  warrants orders as the judge determines to be in the interest of
  820  justice. On an ex parte showing of good cause to a judge of
  821  competent jurisdiction, the serving of the inventory required by
  822  this paragraph may be postponed.
  823         (9) As required by federal law, The contents of any
  824  intercepted wire, oral, or electronic communication or evidence
  825  derived therefrom may shall not be received in evidence or
  826  otherwise disclosed in any trial, hearing, or other proceeding
  827  unless each party, not less than 10 days before the trial,
  828  hearing, or proceeding, has been furnished with a copy of the
  829  search warrant court order and accompanying application under
  830  which the interception was authorized or approved. This 10-day
  831  period may be waived by the judge if he or she finds that it was
  832  not possible to furnish the party with the above information 10
  833  days before the trial, hearing, or proceeding and that the party
  834  will not be prejudiced by the delay in receiving such
  835  information.
  836         (10)(a) An Any aggrieved person before or in any trial,
  837  hearing, or proceeding in or before any court, department,
  838  officer, agency, regulatory body, or other authority may move to
  839  suppress the contents of any intercepted wire, oral, or
  840  electronic communication, or evidence derived therefrom, on the
  841  grounds that:
  842         1. The communication was unlawfully intercepted;
  843         2. The search warrant order of authorization or approval
  844  under which it was intercepted is insufficient on its face; or
  845         3. The interception was not made in conformity with the
  846  search warrant order of authorization or approval.
  847         (b) Except as otherwise provided in the applicable Florida
  848  Rules of Criminal Procedure, in a criminal matter:
  849         1. Such motion shall be made before the trial, hearing, or
  850  proceeding unless there was no opportunity to make such motion
  851  or the person was not aware of the grounds of the motion.
  852         2. If the motion is granted, the contents of the
  853  intercepted wire or oral communication, or evidence derived
  854  therefrom, shall be treated as having been obtained in violation
  855  of ss. 934.03-934.09 and are not admissible as evidence.
  856         3. The judge, upon the filing of such motion by the
  857  aggrieved person, may make available to the aggrieved person or
  858  his or her counsel for inspection such portions of the
  859  intercepted communication or evidence derived therefrom as the
  860  judge determines to be in the interest of justice.
  861         (c)(b) In addition to any other right to appeal, the state
  862  shall have the right to appeal from an order granting a motion
  863  to suppress made under paragraph (a) or the denial of an
  864  application for a search warrant an order of approval if the
  865  attorney shall certify to the judge or other official granting
  866  such motion or denying such application that the appeal is not
  867  taken for purposes of delay. Such appeal shall be taken within
  868  30 days after the date the order was entered and shall be
  869  diligently prosecuted.
  870         (d)(c) The remedies and sanctions described in ss. 934.03
  871  934.10 with respect to the interception of electronic
  872  communications are the only judicial remedies and sanctions for
  873  violations of those sections involving such communications.
  874         (11) The requirements of subparagraph (1)(b)2. and
  875  paragraph (3)(d) relating to the specification of the facilities
  876  from which, or the place where, the communication is to be
  877  intercepted do not apply if:
  878         (a) In the case of an application with respect to the
  879  interception of an oral communication:
  880         1. The application is by an agent or officer of a law
  881  enforcement agency and is approved by the Governor, the Attorney
  882  General, the statewide prosecutor, or a state attorney.
  883         2. The application contains a full and complete statement
  884  as to why such specification is not practical and identifies the
  885  person committing the offense and whose communications are to be
  886  intercepted.
  887         3. The judge finds that such specification is not
  888  practical.
  889         (b) In the case of an application with respect to a wire or
  890  electronic communication:
  891         1. The application is by an agent or officer of a law
  892  enforcement agency and is approved by the Governor, the Attorney
  893  General, the statewide prosecutor, or a state attorney.
  894         2. The application identifies the person believed to be
  895  committing the offense and whose communications are to be
  896  intercepted and the applicant makes a showing that there is
  897  probable cause to believe that the person’s actions could have
  898  the effect of thwarting interception from a specified facility
  899  or that the person whose communications are to be intercepted
  900  has removed, or is likely to remove, himself or herself to
  901  another judicial circuit within the state.
  902         3. The judge finds that such showing has been adequately
  903  made.
  904         4. The search warrant order authorizing or approving the
  905  interception is limited to interception only for such time as it
  906  is reasonable to presume that the person identified in the
  907  application is or was reasonably proximate to the instrument
  908  through which such communication will be or was transmitted.
  909  
  910  Consistent with this paragraph, a judge of competent
  911  jurisdiction may authorize interception within this state,
  912  whether the interception is within or outside the court’s
  913  jurisdiction, if the application for the interception makes a
  914  showing that some activity or conspiracy believed to be related
  915  to, or in furtherance of, the criminal predicate for the
  916  requested interception has occurred or will likely occur, or the
  917  communication to be intercepted or expected to be intercepted is
  918  occurring or will likely occur, in whole or in part, within the
  919  jurisdiction of the court where the order is being sought.
  920         (12) If an interception of a communication is to be carried
  921  out pursuant to subsection (11), such interception may not begin
  922  until the facilities from which, or the place where, the
  923  communication is to be intercepted is ascertained by the person
  924  implementing the interception search warrant order. A provider
  925  of wire or electronic communications service that has received a
  926  search warrant an order as provided under paragraph (11)(b) may
  927  petition the court to modify or quash the search warrant order
  928  on the ground that the interception cannot be performed in a
  929  timely or reasonable fashion. The court, upon notice to the
  930  state, shall decide such a petition expeditiously.
  931         (13) Consistent with this section, a judge of competent
  932  jurisdiction may authorize interception within this state,
  933  whether the interception is within or outside the court’s
  934  jurisdiction, if the application for the interception makes a
  935  showing that some activity or conspiracy believed to be related
  936  to, or in furtherance of, the criminal predicate for the
  937  requested interception has occurred or will likely occur, or the
  938  communication to be intercepted or expected to be intercepted is
  939  occurring or will likely occur, in whole or in part, within the
  940  jurisdiction of the court where the search warrant is being
  941  sought.
  942         Section 9. Subsection (2) of section 934.10, Florida
  943  Statutes, is amended, and subsection (1) of that section is
  944  reenacted, to read:
  945         934.10 Civil remedies.—
  946         (1) Any person whose wire, oral, or electronic
  947  communication is intercepted, disclosed, or used in violation of
  948  ss. 934.03-934.09 shall have a civil cause of action against any
  949  person or entity who intercepts, discloses, or uses, or procures
  950  any other person or entity to intercept, disclose, or use, such
  951  communications and shall be entitled to recover from any such
  952  person or entity which engaged in that violation such relief as
  953  may be appropriate, including:
  954         (a) Preliminary or equitable or declaratory relief as may
  955  be appropriate;
  956         (b) Actual damages, but not less than liquidated damages
  957  computed at the rate of $100 a day for each day of violation or
  958  $1,000, whichever is higher;
  959         (c) Punitive damages; and
  960         (d) A reasonable attorney’s fee and other litigation costs
  961  reasonably incurred.
  962         (2) A good faith reliance on any of the following
  963  constitutes a complete defense to any civil, criminal, or
  964  administrative action arising out of such conduct under the laws
  965  of this state:
  966         (a) A search warrant court order, subpoena, or legislative
  967  authorization as provided for in ss. 934.03-934.09;,
  968         (b) A request of an investigative or law enforcement
  969  officer under s. 934.09(7);, or
  970         (c) A good faith determination that Florida or federal law,
  971  other than 18 U.S.C. s. 2511(2)(d), authorized permitted the
  972  conduct complained of
  973  
  974  shall constitute a complete defense to any civil or criminal, or
  975  administrative action arising out of such conduct under the laws
  976  of this state.
  977         Section 10. Section 934.21, Florida Statutes, is amended to
  978  read:
  979         934.21 Unlawful access to stored communications;
  980  penalties.—
  981         (1) Except as provided in subsection (3), whoever:
  982         (a) Intentionally accesses without authorization a facility
  983  through which an electronic communication service is provided,
  984  or
  985         (b) Intentionally exceeds an authorization to access such
  986  facility,
  987  
  988  and thereby obtains, alters, or prevents authorized access to a
  989  wire or electronic communication while it is in electronic
  990  storage in such system shall be punished as provided in
  991  subsection (2).
  992         (2) The punishment for an offense under subsection (1) is
  993  as follows:
  994         (a) If the offense is committed for purposes of commercial
  995  advantage, malicious destruction or damage, or private
  996  commercial gain, the person is:
  997         1. In the case of a first offense under this subsection,
  998  commits guilty of a misdemeanor of the first degree, punishable
  999  as provided in s. 775.082, s. 775.083, or s. 934.41.
 1000         2. In the case of any subsequent offense under this
 1001  subsection, commits guilty of a felony of the third degree,
 1002  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 1003  s. 934.41.
 1004         (b) In any other case, the person commits is guilty of a
 1005  misdemeanor of the second degree, punishable as provided in s.
 1006  775.082 or s. 775.083.
 1007         (3) Subsection (1) does not apply with respect to conduct
 1008  authorized:
 1009         (a) By the person or entity providing a wire, an oral, or
 1010  an electronic communications service, including through cellular
 1011  phones, microphone-enabled household devices, or portable
 1012  electronic communication devices;
 1013         (b) By a user of a wire, an oral, or an electronic
 1014  communications service, including through cellular phones,
 1015  microphone-enabled household devices, or portable electronic
 1016  communication devices, with respect to a communication of or
 1017  intended for that user; or
 1018         (c) In s. 934.09, s. 934.23, or s. 934.24;
 1019         (d) In chapter 933; or
 1020         (e) For accessing for a legitimate business purpose
 1021  information that is not personally identifiable or that has been
 1022  collected in a way that prevents identification of the user of
 1023  the device.
 1024         Section 11. Section 934.42, Florida Statutes, is amended to
 1025  read:
 1026         934.42 Mobile tracking device and location tracking
 1027  authorization.—
 1028         (1) As used in this section, the term:
 1029         (a) “Historical location data” means historical precise
 1030  global positioning system location data in the possession of a
 1031  provider.
 1032         (b) “Mobile tracking device” means an electronic or a
 1033  mechanical device that tracks the movement of a person or an
 1034  object.
 1035         (c) “Real-time location tracking” means the:
 1036         1. Installation and use of a mobile tracking device on the
 1037  object to be tracked;
 1038         2. Acquisition of real-time cell-site location data; or
 1039         3. Acquisition of real-time precise global positioning
 1040  system location data.
 1041         (2)(1) An investigative or law enforcement officer may make
 1042  application to a judge of competent jurisdiction for a search
 1043  warrant an order authorizing or approving real-time location
 1044  tracking or the acquisition of historical location data in the
 1045  possession of the provider the installation and use of a mobile
 1046  tracking device.
 1047         (3)(2) An application under subsection (2) (1) of this
 1048  section must include:
 1049         (a) A statement of the identity of the applicant and the
 1050  identity of the law enforcement agency conducting the
 1051  investigation.
 1052         (b) A statement setting forth a reasonable period of time
 1053  during which the mobile tracking device may be used or the
 1054  location data may be obtained in real time, not to exceed 45
 1055  days from the date on which the search warrant is issued. The
 1056  court may, for good cause, grant one or more extensions for a
 1057  reasonable period of time, not to exceed 45 days each. When
 1058  seeking historical location data, the applicant must specify a
 1059  date range for the data sought certification by the applicant
 1060  that the information likely to be obtained is relevant to an
 1061  ongoing criminal investigation being conducted by the
 1062  investigating agency.
 1063         (c) A statement of the offense to which the information
 1064  likely to be obtained relates.
 1065         (d) A statement as to whether it may be necessary to use
 1066  and monitor the mobile tracking device outside the jurisdiction
 1067  of the court from which authorization is being sought.
 1068         (4)(3) Upon application made as provided under subsection
 1069  (3) (2), the court, if it finds probable cause that the
 1070  certification and finds that the statements required by
 1071  subsection (3) (2) have been made in the application, must grant
 1072  a search warrant shall enter an ex parte order authorizing real
 1073  time location tracking or the acquisition of historical location
 1074  data the installation and use of a mobile tracking device. Such
 1075  search warrant order may authorize the location tracking use of
 1076  the device within the jurisdiction of the court and outside that
 1077  jurisdiction but within the State of Florida if the location
 1078  tracking device is initiated installed within the jurisdiction
 1079  of the court. The search warrant must command the investigative
 1080  or law enforcement officer to complete any initiation of the
 1081  location tracking or execution of the search warrant for
 1082  historical location data authorized by the search warrant within
 1083  a specified period of time not to exceed 10 calendar days.
 1084         (5)(4) A court may not require greater specificity or
 1085  additional information beyond that which is required by law and
 1086  this section as a requisite for issuing a search warrant an
 1087  order.
 1088         (6) Within 10 days after the timeframe specified in
 1089  paragraph (3)(b) has ended, the investigative or law enforcement
 1090  officer executing a search warrant must return the search
 1091  warrant to the issuing judge. When the search warrant is
 1092  authorizing the acquisition of historical location data, the
 1093  investigative or law enforcement officer executing the search
 1094  warrant must return the search warrant to the issuing judge
 1095  within 10 days after receipt of the records. The investigative
 1096  or law enforcement officer may do so by reliable electronic
 1097  means.
 1098         (7) Within 10 days after the timeframe specified in
 1099  paragraph (3)(b) has ended, the investigative or law enforcement
 1100  officer executing a search warrant must serve a copy of the
 1101  search warrant on the person who, or whose property, was
 1102  tracked. When the search warrant is authorizing the acquisition
 1103  of historical location data, the investigative or law
 1104  enforcement officer executing the search warrant must serve a
 1105  copy of the search warrant on the person whose data was obtained
 1106  within 10 days after receipt of the records. Service may be
 1107  accomplished by delivering a copy to the person who, or whose
 1108  property, was tracked or whose data was obtained or by leaving a
 1109  copy at the person’s residence or usual place of abode with an
 1110  individual of suitable age and discretion who resides at that
 1111  location and by mailing a copy to the person’s last known
 1112  address. Upon a showing of good cause to a court of competent
 1113  jurisdiction, the court may grant one or more postponements of
 1114  this notice for a period of 90 days each.
 1115         (8)(5) The standards established by Florida courts and the
 1116  United States Supreme Court for the installation, use, or and
 1117  monitoring of mobile tracking devices and the acquisition of
 1118  location data shall apply to the installation, use, or
 1119  monitoring and use of any device and the acquisition of location
 1120  data as authorized by this section.
 1121         (6) As used in this section, a “tracking device” means an
 1122  electronic or mechanical device which permits the tracking of
 1123  the movement of a person or object.
 1124         (9)(a) Notwithstanding any other provision of this chapter,
 1125  any investigative or law enforcement officer specially
 1126  designated by the Governor, the Attorney General, the statewide
 1127  prosecutor, or a state attorney acting pursuant to this chapter
 1128  who reasonably determines that:
 1129         1. An emergency exists which:
 1130         a. Involves immediate danger of death or serious physical
 1131  injury to any person or the danger of escape of a prisoner; and
 1132         b. Requires real-time location tracking before a search
 1133  warrant authorizing such tracking can, with due diligence, be
 1134  obtained; and
 1135         2. There are grounds upon which a search warrant could be
 1136  issued under this chapter to authorize such tracking,
 1137  
 1138  may engage in real-time location tracking if, within 48 hours
 1139  after the tracking has occurred or begins to occur, a search
 1140  warrant approving the tracking is issued in accordance with this
 1141  section.
 1142         (b) In the absence of an authorizing search warrant, such
 1143  tracking must immediately terminate when the information sought
 1144  is obtained, when the application for the search warrant is
 1145  denied, or when 48 hours have lapsed since the tracking began,
 1146  whichever is earlier.
 1147         Section 12. For the purpose of incorporating the amendments
 1148  made by this act to sections 934.03 and 934.07, Florida
 1149  Statutes, in references thereto, paragraph (b) of subsection (2)
 1150  of section 934.22, Florida Statutes, is reenacted to read:
 1151         934.22 Voluntary disclosure of customer communications or
 1152  records.—
 1153         (2) A provider described in subsection (1) may divulge the
 1154  contents of a communication:
 1155         (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07,
 1156  or s. 934.23.
 1157         Section 13. For the purpose of incorporating the amendments
 1158  made by this act to sections 934.09 and 934.21, Florida
 1159  Statutes, in references thereto, subsections (1) and (4) of
 1160  section 934.27, Florida Statutes, are reenacted to read:
 1161         934.27 Civil action: relief; damages; defenses.—
 1162         (1) Except as provided in s. 934.23(5), any provider of
 1163  electronic communication service, or subscriber or customer
 1164  thereof, aggrieved by any violation of ss. 934.21-934.28 in
 1165  which the conduct constituting the violation is engaged in with
 1166  a knowing or intentional state of mind may, in a civil action,
 1167  recover from the person or entity which engaged in that
 1168  violation such relief as is appropriate.
 1169         (4) A good faith reliance on any of the following is a
 1170  complete defense to any civil or criminal action brought under
 1171  ss. 934.21-934.28:
 1172         (a) A court warrant or order, a subpoena, or a statutory
 1173  authorization, including, but not limited to, a request of an
 1174  investigative or law enforcement officer to preserve records or
 1175  other evidence, as provided in s. 934.23(7).
 1176         (b) A request of an investigative or law enforcement
 1177  officer under s. 934.09(7).
 1178         (c) A good faith determination that s. 934.03(3) permitted
 1179  the conduct complained of.
 1180         Section 14. For the purpose of incorporating the amendment
 1181  made by this act to section 934.21, Florida Statutes, in a
 1182  reference thereto, subsection (6) of section 934.23, Florida
 1183  Statutes, is reenacted to read:
 1184         934.23 Required disclosure of customer communications or
 1185  records.—
 1186         (6) No cause of action shall lie in any court against any
 1187  provider of wire or electronic communication service, its
 1188  officers, employees, agents, or other specified persons for
 1189  providing information, facilities, or assistance in accordance
 1190  with the terms of a court order, warrant, subpoena, or
 1191  certification under ss. 934.21-934.28.
 1192         Section 15. For the purpose of incorporating the amendment
 1193  made by this act to section 934.21, Florida Statutes, in
 1194  references thereto, subsections (6) and (7) of section 934.24,
 1195  Florida Statutes, are reenacted to read:
 1196         934.24 Backup preservation; customer notification;
 1197  challenges by customer.—
 1198         (6) Within 14 days after notice by the investigative or law
 1199  enforcement officer to the subscriber or customer under
 1200  subsection (2), the subscriber or customer may file a motion to
 1201  quash the subpoena or vacate the court order seeking contents of
 1202  electronic communications, with copies served upon the
 1203  investigative or law enforcement officer and with written notice
 1204  of such challenge to the service provider. A motion to vacate a
 1205  court order must be filed in the court which issued the order. A
 1206  motion to quash a subpoena must be filed in the circuit court in
 1207  the circuit from which the subpoena issued. Such motion or
 1208  application must contain an affidavit or sworn statement:
 1209         (a) Stating that the applicant is a subscriber or customer
 1210  of the service from which the contents of electronic
 1211  communications maintained for her or him have been sought, and
 1212         (b) Stating the applicant’s reasons for believing that the
 1213  records sought are not relevant to a legitimate law enforcement
 1214  inquiry or that there has not been substantial compliance with
 1215  the provisions of ss. 934.21-934.28 in some other respect.
 1216         (7) Except as otherwise obtained under paragraph (3)(a),
 1217  service must be made under this section upon an investigative or
 1218  law enforcement officer by delivering or mailing by registered
 1219  or certified mail a copy of the papers to the person, office, or
 1220  department specified in the notice which the subscriber or
 1221  customer has received pursuant to ss. 934.21-934.28. For the
 1222  purposes of this subsection, the term “delivering” shall be
 1223  construed in accordance with the definition of “delivery” as
 1224  provided in Rule 1.080, Florida Rules of Civil Procedure.
 1225         Section 16. For the purpose of incorporating the amendment
 1226  made by this act to section 934.21, Florida Statutes, in a
 1227  reference thereto, subsection (5) of section 934.25, Florida
 1228  Statutes, is reenacted to read:
 1229         934.25 Delayed notice.—
 1230         (5) Upon the expiration of the period of delay of
 1231  notification under subsection (1) or subsection (4), the
 1232  investigative or law enforcement officer must serve upon or
 1233  deliver by registered or first-class mail to the subscriber or
 1234  customer a copy of the process or request together with notice
 1235  which:
 1236         (a) States with reasonable specificity the nature of the
 1237  law enforcement inquiry, and
 1238         (b) Informs the subscriber or customer:
 1239         1. That information maintained for such subscriber or
 1240  customer by the service provider named in the process or request
 1241  was supplied to or requested by the investigative or law
 1242  enforcement officer and the date on which such information was
 1243  so supplied or requested.
 1244         2. That notification of such subscriber or customer was
 1245  delayed.
 1246         3. What investigative or law enforcement officer or what
 1247  court made the certification or determination pursuant to which
 1248  that delay was made.
 1249         4. Which provision of ss. 934.21-934.28 allowed such delay.
 1250         Section 17. For the purpose of incorporating the amendment
 1251  made by this act to section 934.21, Florida Statutes, in a
 1252  reference thereto, section 934.28, Florida Statutes, is
 1253  reenacted to read:
 1254         934.28 Exclusivity of remedies and sanctions.—The remedies
 1255  and sanctions described in ss. 934.21-934.27 are the only
 1256  judicial remedies and sanctions for violation of those sections.
 1257         Section 18. This act shall take effect July 1, 2021.

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