Bill Text: FL S0470 | 2020 | Regular Session | Comm Sub


Bill Title: Searches of Cellular Phones and Other Electronic Devices

Spectrum:

Status: (Introduced) 2019-11-18 - Now in Judiciary [S0470 Detail]

Download: Florida-2020-S0470-Comm_Sub.html
       Florida Senate - 2020                              CS for SB 470
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Bracy
       
       
       
       
       591-01354-20                                           2020470c1
    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 court 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; authorizing a judge to
   44         authorize a search warrant ex parte, rather than an ex
   45         parte order, based on the application under certain
   46         circumstances; specifying requirements for search
   47         warrants, rather than orders, issued under certain
   48         circumstances; authorizing an aggrieved person to move
   49         to suppress the contents of certain wire, oral, or
   50         electronic communications before, as well as during, a
   51         trial, hearing, or proceeding; providing for
   52         inadmissibility of certain evidence if a certain
   53         motion is granted; authorizing a judge of competent
   54         jurisdiction to authorize interception of wire, oral,
   55         or electronic communications within this state under
   56         specified circumstances; amending s. 934.10, F.S.;
   57         providing that a good faith reliance on a search
   58         warrant, rather than a court order, subpoena, or
   59         legislative authorization, issued under certain
   60         provisions constitutes a complete defense against
   61         specified actions; amending s. 934.21, F.S.; revising
   62         the exceptions to conduct that constitutes unlawful
   63         access to stored communications; conforming a
   64         provision to changes made by the act; amending s.
   65         934.42, F.S.; defining the terms “mobile tracking
   66         device,” “real-time location tracking,” and
   67         “historical location data”; authorizing an
   68         investigative or law enforcement officer to apply to a
   69         judge of competent jurisdiction for a search warrant,
   70         rather than an order, authorizing real-time location
   71         tracking or acquisition of historical location data;
   72         requiring an application for a search warrant to
   73         include a statement setting forth a reasonable period
   74         of time the mobile tracking device may be used or the
   75         location data may be obtained in real time, not to
   76         exceed a specified limit; authorizing a court to grant
   77         extensions, for good cause, that do not individually
   78         exceed a specified limit; requiring an applicant
   79         seeking historical location data to specify a date
   80         range for the data sought; deleting a provision
   81         requiring a certification to be included in the
   82         application; requiring the court, if it finds probable
   83         cause and that the application contains the required
   84         statements, to grant a search warrant; specifying that
   85         the search warrant may authorize real-time location
   86         tracking or acquisition of historical location data;
   87         providing that the search warrant may authorize the
   88         tracking as specified; requiring the search warrant to
   89         command the investigative or law enforcement officer
   90         to complete any initiation of the location tracking or
   91         execution of the search warrant for historical
   92         location data authorized by the search warrant within
   93         a certain timeframe; providing requirements for the
   94         return of the search warrant to the judge and for
   95         service of a copy of the search warrant on the person
   96         who was tracked or whose property was tracked;
   97         providing requirements for returning and serving a
   98         search warrant authorizing the acquisition of
   99         historical location data; authorizing a court, for
  100         good cause, to postpone the notice requirement for a
  101         specified time period; requiring that the standards
  102         established by Florida courts for the installation,
  103         use, or monitoring of mobile tracking devices and the
  104         acquisition of location data apply to the
  105         installation, use, or monitoring of any devices and
  106         the acquisition of location data as authorized by
  107         certain provisions; deleting the definition of
  108         “tracking device”; authorizing any investigative or
  109         law enforcement officer who is specially designated by
  110         certain persons and who makes specified determinations
  111         to engage in real-time location tracking if a search
  112         warrant is obtained, as specified, after the tracking
  113         has occurred or begins to occur; providing
  114         requirements for engaging in real-time location
  115         tracking; specifying when real-time location tracking
  116         must terminate; reenacting s. 934.22(2)(b), F.S.,
  117         relating to voluntary disclosure of customer
  118         communications or records, to incorporate the
  119         amendments made to ss. 934.03 and 934.07, F.S., in
  120         references thereto; reenacting s. 934.27(1) and (4),
  121         F.S., relating to relief, damages, and defenses for
  122         certain civil actions, to incorporate the amendments
  123         made to ss. 934.09 and 934.21, F.S., in references
  124         thereto; reenacting ss. 934.23(6), 934.24(6) and (7),
  125         934.25(5), and 934.28, F.S., relating to required
  126         disclosures of customer communications or records, a
  127         subscriber or customer filing a motion for certain
  128         relief and customer notification, delayed notice, and
  129         the exclusivity of remedies and sanctions for certain
  130         violations, respectively, to incorporate the amendment
  131         made to s. 934.21, F.S., in references thereto;
  132         providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Section 933.02, Florida Statutes, is amended to
  137  read:
  138         933.02 Grounds for issuance of search warrant.—Upon proper
  139  affidavits being made, a search warrant may be issued under the
  140  provisions of this chapter upon any of the following grounds:
  141         (1) When the property shall have been stolen or embezzled
  142  in violation of law.;
  143         (2) When any property shall have been used:
  144         (a) As a means to commit any crime;
  145         (b) In connection with gambling, gambling implements and
  146  appliances; or
  147         (c) In violation of s. 847.011 or other laws in reference
  148  to obscene prints and literature.;
  149         (3) When any property, or when content held within a
  150  cellular phone, a portable electronic communication device as
  151  defined in s. 934.02, or a microphone-enabled household device
  152  as defined in s. 934.02, constitutes evidence relevant to
  153  proving that a felony has been committed.;
  154         (4) When any property is being held or possessed:
  155         (a) In violation of any of the laws prohibiting the
  156  manufacture, sale, and transportation of intoxicating liquors;
  157         (b) In violation of the fish and game laws;
  158         (c) In violation of the laws relative to food and drug; or
  159         (d) In violation of the laws relative to citrus disease
  160  pursuant to s. 581.184.; or
  161         (5) When the laws in relation to cruelty to animals, as
  162  provided in chapter 828, have been or are violated in any
  163  particular building or place.
  164  
  165  This section also applies to any papers or documents used as a
  166  means of or in aid of the commission of any offense against the
  167  laws of the state.
  168         Section 2. Section 933.04, Florida Statutes, is amended to
  169  read:
  170         933.04 Affidavits.—The right of the people to be secure in
  171  their persons, houses, papers and effects against unreasonable
  172  seizures and searches and against the unreasonable interception
  173  of private communications by any means shall not be violated and
  174  no search warrant shall be issued except upon probable cause,
  175  supported by oath or affirmation particularly describing the
  176  place to be searched and the person and thing to be seized.
  177         Section 3. Section 934.01, Florida Statutes, is amended to
  178  read:
  179         934.01 Legislative findings.—On the basis of its own
  180  investigations and of published studies, the Legislature makes
  181  the following findings:
  182         (1) Wire communications are normally conducted through the
  183  use of facilities which form part of an intrastate network. The
  184  same facilities are used for interstate and intrastate
  185  communications.
  186         (2) In order to protect effectively the privacy of wire,
  187  and oral, and electronic communications, to protect the
  188  integrity of court and administrative proceedings, and to
  189  prevent the obstruction of intrastate commerce, it is necessary
  190  for the Legislature to define the circumstances and conditions
  191  under which the interception of wire, and oral, and electronic
  192  communications may be authorized and to prohibit any
  193  unauthorized interception of such communications and the use of
  194  the contents thereof in evidence in courts and administrative
  195  proceedings.
  196         (3) Organized criminals make extensive use of wire, and
  197  oral, and electronic communications in their criminal
  198  activities. The interception of such communications to obtain
  199  evidence of the commission of crimes or to prevent their
  200  commission is an indispensable aid to law enforcement and the
  201  administration of justice.
  202         (4) To safeguard the privacy of innocent persons, the
  203  interception of wire, or oral, or electronic communications when
  204  none of the parties to the communication has consented to the
  205  interception should be allowed only when authorized by a court
  206  of competent jurisdiction and should remain under the control
  207  and supervision of the authorizing court. Interception of wire,
  208  and oral, and electronic communications should further be
  209  limited to certain major types of offenses and specific
  210  categories of crime with assurance that the interception is
  211  justified and that the information obtained thereby will not be
  212  misused.
  213         (5)To safeguard the privacy of innocent persons, the
  214  Legislature recognizes the subjective expectation of privacy in
  215  real-time cell-site location data, real-time precise global
  216  positioning system location data, and historical precise global
  217  positioning system location data which society is now prepared
  218  to accept is objectively reasonable. As such, the law
  219  enforcement collection of the precise location of a person,
  220  cellular phone, or portable electronic communication device
  221  without the consent of the person or owner of the cellular phone
  222  or portable electronic communication device should be allowed
  223  only when authorized by a search warrant issued by a court of
  224  competent jurisdiction and should remain under the control and
  225  supervision of the authorizing court.
  226         (6) The Legislature recognizes the use of portable
  227  electronic communication devices is growing at a rapidly
  228  increasing rate. These devices can store, and encourage the
  229  storing of, an almost limitless amount of personal and private
  230  information. Often linked to the Internet, these devices are
  231  commonly used to access personal and business information and
  232  databases in computers and servers that can be located anywhere
  233  in the world. The user of a portable electronic communication
  234  device has a reasonable and justifiable expectation of privacy
  235  in the information that these devices contain.
  236         (7) The Legislature recognizes the use of household
  237  electronic devices, including microphone-enabled household
  238  devices, is growing rapidly. These devices often contain
  239  microphones that listen for and respond to environmental cues.
  240  These household devices are generally connected to and
  241  communicate through the Internet, resulting in the storage of
  242  and accessibility to daily household information in the device
  243  itself or in a remote computing service. Persons should not have
  244  to choose between using household technological enhancements and
  245  conveniences or preserving the right to privacy in their own
  246  homes.
  247         Section 4. Subsections (2) and (12) of section 934.02,
  248  Florida Statutes, are amended, and subsections (27) and (28) are
  249  added to that section, to read:
  250         934.02 Definitions.—As used in this chapter:
  251         (2) “Oral communication” means any oral communication
  252  uttered by a person exhibiting an expectation that such
  253  communication is not subject to interception under circumstances
  254  justifying such expectation, including the use of a microphone
  255  enabled household device, and does not mean any public oral
  256  communication uttered at a public meeting or any electronic
  257  communication.
  258         (12) “Electronic communication” means any transfer of
  259  signs, signals, writing, images, sounds, data, or intelligence
  260  of any nature transmitted in whole or in part by a wire, radio,
  261  communication tower, satellite, electromagnetic,
  262  photoelectronic, or photooptical system that affects intrastate,
  263  interstate, or foreign commerce, but does not include:
  264         (a) Any wire or oral communication;
  265         (b) Any communication made through a tone-only paging
  266  device;
  267         (c) Any communication from an electronic or mechanical
  268  device which permits the tracking of the movement of a person or
  269  an object; or
  270         (c)(d) Electronic funds transfer information stored by a
  271  financial institution in a communications system used for the
  272  electronic storage and transfer of funds.
  273         (27) “Microphone-enabled household device” means a device,
  274  sensor, or other physical object within a residence which:
  275         (a) Is capable of connecting to the Internet, directly or
  276  indirectly, or to another connected device;
  277         (b) Is capable of creating, receiving, accessing,
  278  processing, or storing electronic data or communications;
  279         (c) Communicates with, by any means, another entity or
  280  individual; and
  281         (d) Contains a microphone designed to listen for and
  282  respond to environmental cues.
  283         (28) “Portable electronic communication device” means an
  284  object that may be easily transported or conveyed by a person;
  285  is capable of creating, receiving, accessing, processing, or
  286  storing electronic data or communications; and communicates
  287  with, by any means, another device, entity, or individual.
  288         Section 5. Subsection (2) of section 934.03, Florida
  289  Statutes, is amended to read:
  290         934.03 Interception and disclosure of wire, oral, or
  291  electronic communications prohibited.—
  292         (2)(a)1. It is lawful under this section and ss. 934.04
  293  934.09 for an operator of a switchboard, or an officer,
  294  employee, or agent of a provider of wire or electronic
  295  communication service whose facilities are used in the
  296  transmission of a wire or electronic communication, to
  297  intercept, disclose, or use that communication in the normal
  298  course of his or her employment while engaged in any activity
  299  which is a necessary incident to the rendition of his or her
  300  service or to the protection of the rights or property of the
  301  provider of that service, except that a provider of wire
  302  communication service to the public shall not utilize service
  303  observing or random monitoring except for mechanical or service
  304  quality control checks.
  305         2. Notwithstanding any other law, a provider of wire, oral,
  306  or electronic communication service, or an officer, employee, or
  307  agent thereof, or landlord, custodian, or other person, may
  308  provide information, facilities, or technical assistance to a
  309  person authorized by law to intercept wire, oral, or electronic
  310  communications if such provider, or an officer, employee, or
  311  agent thereof, or landlord, custodian, or other person, has been
  312  provided with:
  313         a. A court order directing such assistance signed by the
  314  authorizing judge; or
  315         b. A certification in writing by a person specified in s.
  316  934.09(7) that no search warrant or court order is required by
  317  law, that all statutory requirements have been met, and that the
  318  specified assistance is required, setting forth the period of
  319  time during which the provision of the information, facilities,
  320  or technical assistance is authorized and specifying the
  321  information, facilities, or technical assistance required; or
  322         b. A search warrant issued by a judge of competent
  323  jurisdiction as required by law.
  324         3. A provider of wire, oral, or electronic communication
  325  service, or an officer, employee, or agent thereof, or landlord,
  326  custodian, or other person may not disclose the existence of any
  327  interception or the device used to accomplish the interception
  328  with respect to which the person has been served with a search
  329  warrant furnished an order under this section and ss. 934.04
  330  934.09, except as may otherwise be required by legal process and
  331  then only after prior notice to the Governor, the Attorney
  332  General, the statewide prosecutor, or a state attorney, as may
  333  be appropriate. Any such disclosure renders such person liable
  334  for the civil damages provided under s. 934.10, and such person
  335  may be prosecuted under s. 934.43. An action may not be brought
  336  against any provider of wire, oral, or electronic communication
  337  service, or an officer, employee, or agent thereof, or landlord,
  338  custodian, or other person for providing information,
  339  facilities, or assistance in accordance with the terms of a
  340  search warrant court order under this section and ss. 934.04
  341  934.09.
  342         (b) It is lawful under this section and ss. 934.04-934.09
  343  for an officer, employee, or agent of the Federal Communications
  344  Commission, in the normal course of his or her employment and in
  345  discharge of the monitoring responsibilities exercised by the
  346  commission in the enforcement of 47 U.S.C. chapter 5, to
  347  intercept a wire, oral, or electronic communication transmitted
  348  by radio or to disclose or use the information thereby obtained.
  349         (c) It is lawful under this section and ss. 934.04-934.09
  350  for an investigative or law enforcement officer or a person
  351  acting under the direction of an investigative or law
  352  enforcement officer to intercept a wire, oral, or electronic
  353  communication when such person is a party to the communication
  354  or one of the parties to the communication has given prior
  355  consent to such interception and the purpose of such
  356  interception is to obtain evidence of a criminal act.
  357         (d) It is lawful under this section and ss. 934.04-934.09
  358  for a person to intercept a wire, oral, or electronic
  359  communication when all of the parties to the communication have
  360  given prior consent to such interception.
  361         (e) It is unlawful to intercept any wire, oral, or
  362  electronic communication for the purpose of committing any
  363  criminal act.
  364         (f) It is lawful under this section and ss. 934.04-934.09
  365  for an employee of a telephone company to intercept a wire
  366  communication for the sole purpose of tracing the origin of such
  367  communication when the interception is requested by the
  368  recipient of the communication and the recipient alleges that
  369  the communication is obscene, harassing, or threatening in
  370  nature. The individual conducting the interception shall notify
  371  local police authorities within 48 hours after the time of the
  372  interception.
  373         (g) It is lawful under this section and ss. 934.04-934.09
  374  for an employee of:
  375         1. An ambulance service licensed pursuant to s. 401.25, a
  376  fire station employing firefighters as defined by s. 633.102, a
  377  public utility, a law enforcement agency as defined by s.
  378  934.02(10), or any other entity with published emergency
  379  telephone numbers;
  380         2. An agency operating an emergency telephone number “911”
  381  system established pursuant to s. 365.171; or
  382         3. The central abuse hotline operated pursuant to s. 39.201
  383  
  384  to intercept and record incoming wire communications; however,
  385  such employee may intercept and record incoming wire
  386  communications on designated “911” telephone numbers and
  387  published nonemergency telephone numbers staffed by trained
  388  dispatchers at public safety answering points only. It is also
  389  lawful for such employee to intercept and record outgoing wire
  390  communications to the numbers from which such incoming wire
  391  communications were placed when necessary to obtain information
  392  required to provide the emergency services being requested. For
  393  the purpose of this paragraph, the term “public utility” has the
  394  same meaning as provided in s. 366.02 and includes a person,
  395  partnership, association, or corporation now or hereafter owning
  396  or operating equipment or facilities in the state for conveying
  397  or transmitting messages or communications by telephone or
  398  telegraph to the public for compensation.
  399         (h) It shall not be unlawful under this section and ss.
  400  934.04-934.09 for any person:
  401         1. To intercept or access an electronic communication made
  402  through an electronic communication system that is configured so
  403  that such electronic communication is readily accessible to the
  404  general public.
  405         2. To intercept any radio communication which is
  406  transmitted:
  407         a. By any station for the use of the general public, or
  408  that relates to ships, aircraft, vehicles, or persons in
  409  distress;
  410         b. By any governmental, law enforcement, civil defense,
  411  private land mobile, or public safety communications system,
  412  including any police or fire communications system, readily
  413  accessible to the general public;
  414         c. By a station operating on an authorized frequency within
  415  the bands allocated to the amateur, citizens band, or general
  416  mobile radio services; or
  417         d. By any marine or aeronautical communications system.
  418         3. To engage in any conduct which:
  419         a. Is prohibited by s. 633 of the Communications Act of
  420  1934; or
  421         b. Is excepted from the application of s. 705(a) of the
  422  Communications Act of 1934 by s. 705(b) of that act.
  423         4. To intercept any wire or electronic communication the
  424  transmission of which is causing harmful interference to any
  425  lawfully operating station of consumer electronic equipment to
  426  the extent necessary to identify the source of such
  427  interference.
  428         5. To intercept, if such person is another user of the same
  429  frequency, any radio communication that is not scrambled or
  430  encrypted made through a system that utilizes frequencies
  431  monitored by individuals engaged in the provision or the use of
  432  such system.
  433         6. To intercept a satellite transmission that is not
  434  scrambled or encrypted and that is transmitted:
  435         a. To a broadcasting station for purposes of retransmission
  436  to the general public; or
  437         b. As an audio subcarrier intended for redistribution to
  438  facilities open to the public, but not including data
  439  transmissions or telephone calls, when such interception is not
  440  for the purposes of direct or indirect commercial advantage or
  441  private financial gain.
  442         7. To intercept and privately view a private satellite
  443  video communication that is not scrambled or encrypted or to
  444  intercept a radio communication that is transmitted on
  445  frequencies allocated under subpart D of part 74 of the rules of
  446  the Federal Communications Commission that is not scrambled or
  447  encrypted, if such interception is not for a tortious or illegal
  448  purpose or for purposes of direct or indirect commercial
  449  advantage or private commercial gain.
  450         (i) It shall not be unlawful under this section and ss.
  451  934.04-934.09:
  452         1. To use a pen register or a trap and trace device as
  453  authorized under ss. 934.31-934.34 or under federal law; or
  454         2. For a provider of electronic communication service to
  455  record the fact that a wire or electronic communication was
  456  initiated or completed in order to protect such provider,
  457  another provider furnishing service toward the completion of the
  458  wire or electronic communication, or a user of that service,
  459  from fraudulent, unlawful, or abusive use of such service.
  460         (j) It is not unlawful under this section and ss. 934.04
  461  934.09 for a person acting under color of law to intercept the
  462  wire or electronic communications of a computer trespasser which
  463  are transmitted to, through, or from a protected computer if:
  464         1. The owner or operator of the protected computer
  465  authorizes the interception of the communications of the
  466  computer trespasser;
  467         2. The person acting under color of law is lawfully engaged
  468  in an investigation;
  469         3. The person acting under color of law has reasonable
  470  grounds to believe that the contents of the communications of
  471  the computer trespasser will be relevant to the investigation;
  472  and
  473         4. The interception does not acquire communications other
  474  than those transmitted to, through, or from the computer
  475  trespasser.
  476         (k) It is lawful under this section and ss. 934.04-934.09
  477  for a child under 18 years of age to intercept and record an
  478  oral communication if the child is a party to the communication
  479  and has reasonable grounds to believe that recording the
  480  communication will capture a statement by another party to the
  481  communication that the other party intends to commit, is
  482  committing, or has committed an unlawful sexual act or an
  483  unlawful act of physical force or violence against the child.
  484         Section 6.  Section 934.06, Florida Statutes, is amended to
  485  read:
  486         934.06 Prohibition of use as evidence of intercepted wire
  487  or oral communications; content of cellular phone, microphone
  488  enabled household device, or portable electronic communication
  489  device; exceptions exception.—Whenever any wire or oral
  490  communication has been intercepted, or when the content of a
  491  cellular phone, microphone-enabled household device, or portable
  492  electronic communication device is obtained without a search
  493  warrant supported by probable cause, no part of the contents of
  494  such communication or content and no evidence derived therefrom
  495  may be received in evidence in any trial, hearing, or other
  496  proceeding in or before any court, grand jury, department,
  497  officer, agency, regulatory body, legislative committee, or
  498  other authority of the state, or a political subdivision
  499  thereof, if the disclosure of that information would be in
  500  violation of this chapter. The prohibition of use as evidence
  501  provided in this section does not apply in cases of prosecution
  502  for criminal interception in violation of the provisions of this
  503  chapter, or in cases where the content of a cellular phone,
  504  microphone-enabled household device, or portable electronic
  505  communication device is lawfully obtained under circumstances
  506  where a search warrant is not required.
  507         Section 7. Subsections (1) and (2) of section 934.07,
  508  Florida Statutes, are amended to read:
  509         934.07 Authorization for interception of wire, oral, or
  510  electronic communications.—
  511         (1) The Governor, the Attorney General, the statewide
  512  prosecutor, or any state attorney may authorize an application
  513  to a judge of competent jurisdiction for, and such judge may
  514  issue a search warrant as required by law grant in conformity
  515  with ss. 934.03-934.09 an order authorizing or approving the
  516  interception of, wire, oral, or electronic communications by:
  517         (a) The Department of Law Enforcement or any law
  518  enforcement agency as defined in s. 934.02 having responsibility
  519  for the investigation of the offense as to which the application
  520  is made when such interception may provide or has provided
  521  evidence of the commission of the offense of murder, kidnapping,
  522  aircraft piracy, arson, gambling, robbery, burglary, theft,
  523  dealing in stolen property, criminal usury, bribery, or
  524  extortion; any felony violation of ss. 790.161-790.166,
  525  inclusive; any violation of s. 787.06; any violation of chapter
  526  893; any violation of the provisions of the Florida Anti-Fencing
  527  Act; any violation of chapter 895; any violation of chapter 896;
  528  any violation of chapter 815; any violation of chapter 847; any
  529  violation of s. 827.071; any violation of s. 944.40; or any
  530  conspiracy or solicitation to commit any violation of the laws
  531  of this state relating to the crimes specifically enumerated in
  532  this paragraph.
  533         (b) The Department of Law Enforcement, together with other
  534  assisting personnel as authorized and requested by the
  535  department under s. 934.09(5), for the investigation of the
  536  offense as to which the application is made when such
  537  interception may provide or has provided evidence of the
  538  commission of any offense that may be an act of terrorism or in
  539  furtherance of an act of terrorism or evidence of any conspiracy
  540  or solicitation to commit any such violation.
  541         (2)(a) If, during the course of an interception of
  542  communications by a law enforcement agency as authorized under
  543  paragraph (1)(a), the law enforcement agency finds that the
  544  intercepted communications may provide or have provided evidence
  545  of the commission of any offense that may be an act of terrorism
  546  or in furtherance of an act of terrorism, or evidence of any
  547  conspiracy or solicitation to commit any such violation, the law
  548  enforcement agency shall promptly notify the Department of Law
  549  Enforcement and apprise the department of the contents of the
  550  intercepted communications. The agency notifying the department
  551  may continue its previously authorized interception with
  552  appropriate minimization, as applicable, and may otherwise
  553  assist the department as provided in this section.
  554         (b) Upon its receipt of information of the contents of an
  555  intercepted communications from a law enforcement agency, the
  556  Department of Law Enforcement shall promptly review the
  557  information to determine whether the information relates to an
  558  actual or anticipated act of terrorism as defined in this
  559  section. If, after reviewing the contents of the intercepted
  560  communications, there is probable cause that the contents of the
  561  intercepted communications meet the criteria of paragraph
  562  (1)(b), the Department of Law Enforcement may make application
  563  for the interception of wire, oral, or electronic communications
  564  consistent with paragraph (1)(b). The department may make an
  565  independent new application for interception based on the
  566  contents of the intercepted communications. Alternatively, the
  567  department may request the law enforcement agency that provided
  568  the information to join with the department in seeking a new
  569  search warrant as required by law or an amendment of the
  570  original interception search warrant order, or may seek
  571  additional authority to continue intercepting communications
  572  under the direction of the department. In carrying out its
  573  duties under this section, the department may use the provisions
  574  for an emergency interception provided in s. 934.09(7) if
  575  applicable under statutory criteria.
  576         Section 8. Section 934.09, Florida Statutes, is amended to
  577  read:
  578         934.09 Procedure for interception of wire, oral, or
  579  electronic communications.—
  580         (1) Each application for a search warrant an order
  581  authorizing or approving the interception of a wire, oral, or
  582  electronic communication under ss. 934.03-934.09 shall be made
  583  in writing upon oath or affirmation to a judge of competent
  584  jurisdiction and shall state the applicant’s authority to make
  585  such application. Each application shall include the following
  586  information:
  587         (a) The identity of the investigative or law enforcement
  588  officer making the application and the officer authorizing the
  589  application.
  590         (b) A full and complete statement of the facts and
  591  circumstances relied upon by the applicant to justify his or her
  592  belief that a search warrant an order should be issued,
  593  including:
  594         1. Details as to the particular offense that has been, is
  595  being, or is about to be committed.
  596         2. Except as provided in subsection (11), a particular
  597  description of the nature and location of the facilities from
  598  which, or the place where, the communications are to be
  599  intercepted.
  600         3. A particular description of the type of communications
  601  sought to be intercepted.
  602         4. The identity of the person, if known, committing the
  603  offense and whose communications are to be intercepted.
  604         (c) A full and complete statement as to whether or not
  605  other investigative procedures have been tried and failed or why
  606  they reasonably appear to be unlikely to succeed if tried or to
  607  be too dangerous.
  608         (d) A statement of the period of time for which the
  609  interception is required to be maintained and, if the nature of
  610  the investigation is such that the authorization for
  611  interception should not automatically terminate when the
  612  described type of communication has been first obtained, a
  613  particular description of facts establishing probable cause to
  614  believe that additional communications of the same type will
  615  occur thereafter.
  616         (e) A full and complete statement of the facts concerning
  617  all previous applications known to the individual authorizing
  618  and making the application, made to any judge for authorization
  619  to intercept, or for approval of interceptions of, wire, oral,
  620  or electronic communications involving any of the same persons,
  621  facilities, or places specified in the application, and the
  622  action taken by the judge on each such application.
  623         (f) When the application is for the extension of a search
  624  warrant an order, a statement setting forth the results thus far
  625  obtained from the interception or a reasonable explanation of
  626  the failure to obtain such results.
  627         (2) The judge may require the applicant to furnish
  628  additional testimony or documentary evidence in support of the
  629  application.
  630         (3) Upon such application, the judge may authorize a search
  631  warrant enter an ex parte order, as requested or as modified,
  632  authorizing or approving interception of wire, oral, or
  633  electronic communications within the territorial jurisdiction of
  634  the court in which the judge is sitting, and outside such
  635  jurisdiction but within the State of Florida in the case of a
  636  mobile interception device authorized by the judge within such
  637  jurisdiction, if the judge determines on the basis of the facts
  638  submitted by the applicant that:
  639         (a) There is probable cause for belief that an individual
  640  is committing, has committed, or is about to commit an offense
  641  as provided in s. 934.07.
  642         (b) There is probable cause for belief that particular
  643  communications concerning that offense will be obtained through
  644  such interception.
  645         (c) Normal investigative procedures have been tried and
  646  have failed or reasonably appear to be unlikely to succeed if
  647  tried or to be too dangerous.
  648         (d) Except as provided in subsection (11), there is
  649  probable cause for belief that the facilities from which, or the
  650  place where, the wire, oral, or electronic communications are to
  651  be intercepted are being used, or are about to be used, in
  652  connection with the commission of such offense, or are leased
  653  to, listed in the name of, or commonly used by such person.
  654         (4) Each search warrant order authorizing or approving the
  655  interception of any wire, oral, or electronic communication
  656  shall specify:
  657         (a) The identity of the person, if known, whose
  658  communications are to be intercepted.
  659         (b) The nature and location of the communications
  660  facilities as to which, or the place where, authority to
  661  intercept is granted.
  662         (c) A particular description of the type of communication
  663  sought to be intercepted and a statement of the particular
  664  offense to which it relates.
  665         (d) The identity of the agency authorized to intercept the
  666  communications and of the person authorizing the application.
  667         (e) The period of time during which such interception is
  668  authorized, including a statement as to whether or not the
  669  interception shall automatically terminate when the described
  670  communication has been first obtained.
  671  
  672  A search warrant An order authorizing the interception of a
  673  wire, oral, or electronic communication shall, upon the request
  674  of the applicant, direct that a provider of wire or electronic
  675  communication service, landlord, custodian, or other person
  676  shall furnish the applicant forthwith all information,
  677  facilities, and technical assistance necessary to accomplish the
  678  interception unobtrusively and with a minimum of interference
  679  with the services that such service provider, landlord,
  680  custodian, or person is according the person whose
  681  communications are to be intercepted. The obligation of a
  682  provider of wire, oral, or electronic communication service
  683  under such a search warrant an order may include, but is not
  684  limited to, conducting an in-progress trace during an
  685  interception, or providing other assistance to support the
  686  investigation as may be specified in the search warrant order.
  687  Any provider of wire or electronic communication service,
  688  landlord, custodian, or other person furnishing such facilities
  689  or technical assistance shall be compensated therefor by the
  690  applicant for reasonable expenses incurred in providing such
  691  facilities or assistance.
  692         (5) No search warrant order entered under this section may
  693  authorize or approve the interception of any wire, oral, or
  694  electronic communication for any period longer than is necessary
  695  to achieve the objective of the authorization or in any event
  696  longer than 30 days. Such 30-day period begins on the day on
  697  which the agent or officer of the law enforcement agency first
  698  begins to conduct an interception under the search warrant order
  699  or 10 days after the search warrant is approved order is
  700  entered, whichever occurs earlier. Extensions of a search
  701  warrant an order may be granted but only upon application for an
  702  extension made in accordance with subsection (1) and upon the
  703  court making the findings required by subsection (3). The period
  704  of extension shall be no longer than the authorizing judge deems
  705  necessary to achieve the purposes for which it was granted and
  706  in no event for longer than 30 days. Every search warrant order
  707  and extension thereof shall contain a provision that the
  708  authorization to intercept shall be executed as soon as
  709  practicable, shall be conducted in such a way as to minimize the
  710  interception of communications not otherwise subject to
  711  interception under ss. 934.03-934.09, and must terminate upon
  712  attainment of the authorized objective or in any event in 30
  713  days. If the intercepted communication is in code or foreign
  714  language and an expert in that foreign language or code is not
  715  reasonably available during the interception period,
  716  minimization may be accomplished as soon as practicable after
  717  such interception. An interception under ss. 934.03-934.09 may
  718  be conducted in whole or in part by government personnel or by
  719  an individual operating under a contract with the government,
  720  acting under the supervision of an agent or officer of the law
  721  enforcement agency authorized to conduct the interception.
  722         (6) Whenever a search warrant an order authorizing
  723  interception is granted entered pursuant to ss. 934.03-934.09,
  724  the search warrant order may require reports to be made to the
  725  judge who issued the search warrant order showing what progress
  726  has been made toward achievement of the authorized objective and
  727  the need for continued interception. Such reports shall be made
  728  at such intervals as the judge may require.
  729         (7) Notwithstanding any other provision of this chapter,
  730  any investigative or law enforcement officer specially
  731  designated by the Governor, the Attorney General, the statewide
  732  prosecutor, or a state attorney acting under this chapter, who
  733  reasonably determines that:
  734         (a) An emergency exists that:
  735         1. Involves immediate danger of death or serious physical
  736  injury to any person, the danger of escape of a prisoner, or
  737  conspiratorial activities threatening the security interest of
  738  the nation or state; and
  739         2. Requires that a wire, oral, or electronic communication
  740  be intercepted before a search warrant an order authorizing such
  741  interception can, with due diligence, be obtained; and
  742         (b) There are grounds upon which a search warrant an order
  743  could be entered under this chapter to authorize such
  744  interception
  745  
  746  may intercept such wire, oral, or electronic communication if an
  747  application for a search warrant an order approving the
  748  interception is made in accordance with this section within 48
  749  hours after the interception has occurred or begins to occur. In
  750  the absence of a search warrant an order, such interception
  751  shall immediately terminate when the communication sought is
  752  obtained or when the application for the search warrant order is
  753  denied, whichever is earlier. If such application for approval
  754  is denied, or in any other case in which the interception is
  755  terminated without a search warrant an order having been issued,
  756  the contents of any wire, oral, or electronic communication
  757  intercepted shall be treated as having been obtained in
  758  violation of s. 934.03(4), and an inventory shall be served as
  759  provided for in paragraph (8)(e) on the person named in the
  760  application.
  761         (8)(a) The contents of any wire, oral, or electronic
  762  communication intercepted by any means authorized by ss. 934.03
  763  934.09 shall, if possible, be recorded on tape or wire or other
  764  comparable device. The recording of the contents of any wire,
  765  oral, or electronic communication under this subsection shall be
  766  kept in such a way as will protect the recording from editing or
  767  other alterations. Immediately upon the expiration of the period
  768  of the search warrant order, or extensions thereof, such
  769  recordings shall be made available to the judge approving the
  770  search warrant issuing such order and sealed under his or her
  771  directions. Custody of the recordings shall be wherever the
  772  judge orders. They shall not be destroyed except upon an order
  773  of the issuing or denying judge, or that judge’s successor in
  774  office, and in any event shall be kept for 10 years. Duplicate
  775  recordings may be made for use or disclosure pursuant to the
  776  provisions of s. 934.08(1) and (2) for investigations, or for
  777  purposes of discovery as required by law.
  778         (b) The presence of the seal provided for by this
  779  subsection, or a satisfactory explanation for the absence
  780  thereof, shall be a prerequisite for the use or disclosure of
  781  the contents of any wire, oral, or electronic communication or
  782  evidence derived therefrom under s. 934.08(3), as required by
  783  federal law.
  784         (c) Applications made and search warrants orders granted
  785  under ss. 934.03-934.09 shall be sealed by the judge. Custody of
  786  the applications and search warrants orders shall be wherever
  787  the judge directs. As required by federal law, such applications
  788  and search warrants orders shall be disclosed only for purposes
  789  of discovery or upon a showing of good cause before a judge of
  790  competent jurisdiction and shall not be destroyed except on
  791  order of the issuing or denying judge, or that judge’s successor
  792  in office, and in any event shall be kept for 10 years.
  793         (d) Any violation of the provisions of this subsection may
  794  be punished as contempt of the issuing or denying judge.
  795         (e) Within a reasonable time but not later than 90 days
  796  after the termination of the period of a search warrant an order
  797  or extensions thereof, the issuing or denying judge shall cause
  798  to be served on the persons named in the search warrant order or
  799  the application, and such other parties to intercepted
  800  communications as the judge may determine in his or her
  801  discretion to be in the interest of justice, an inventory which
  802  shall include notice of:
  803         1. The fact of the approval of the search warrant entry of
  804  the order or the application.
  805         2. The date of the approval of the search warrant entry and
  806  the period of authorized, approved, or disapproved interception,
  807  or the denial of the application.
  808         3. The fact that during the period wire, oral, or
  809  electronic communications were or were not intercepted.
  810  
  811  The judge, upon the filing of a motion, may make available to
  812  such person or the person’s counsel for inspection such portions
  813  of the intercepted communications, applications, and search
  814  warrants orders as the judge determines to be in the interest of
  815  justice. On an ex parte showing of good cause to a judge of
  816  competent jurisdiction, the serving of the inventory required by
  817  this paragraph may be postponed.
  818         (9) As required by federal law, The contents of any
  819  intercepted wire, oral, or electronic communication or evidence
  820  derived therefrom shall not be received in evidence or otherwise
  821  disclosed in any trial, hearing, or other proceeding unless each
  822  party, not less than 10 days before the trial, hearing, or
  823  proceeding, has been furnished with a copy of the search warrant
  824  court order and accompanying application under which the
  825  interception was authorized or approved. This 10-day period may
  826  be waived by the judge if he or she finds that it was not
  827  possible to furnish the party with the above information 10 days
  828  before the trial, hearing, or proceeding and that the party will
  829  not be prejudiced by the delay in receiving such information.
  830         (10)(a) An Any aggrieved person before or in any trial,
  831  hearing, or proceeding in or before any court, department,
  832  officer, agency, regulatory body, or other authority may move to
  833  suppress the contents of any intercepted wire, oral, or
  834  electronic communication, or evidence derived therefrom, on the
  835  grounds that:
  836         1. The communication was unlawfully intercepted;
  837         2. The search warrant order of authorization or approval
  838  under which it was intercepted is insufficient on its face; or
  839         3. The interception was not made in conformity with the
  840  search warrant order of authorization or approval.
  841         (b) Except as otherwise provided in the applicable Florida
  842  Rules of Criminal Procedure, in a criminal matter:
  843         1. Such motion shall be made before the trial, hearing, or
  844  proceeding unless there was no opportunity to make such motion
  845  or the person was not aware of the grounds of the motion.
  846         2. If the motion is granted, the contents of the
  847  intercepted wire or oral communication, or evidence derived
  848  therefrom, shall be treated as having been obtained in violation
  849  of ss. 934.03-934.09 and are not admissible as evidence.
  850         3. The judge, upon the filing of such motion by the
  851  aggrieved person, may make available to the aggrieved person or
  852  his or her counsel for inspection such portions of the
  853  intercepted communication or evidence derived therefrom as the
  854  judge determines to be in the interest of justice.
  855         (c)(b) In addition to any other right to appeal, the state
  856  shall have the right to appeal from an order granting a motion
  857  to suppress made under paragraph (a) or the denial of an
  858  application for a search warrant an order of approval if the
  859  attorney shall certify to the judge or other official granting
  860  such motion or denying such application that the appeal is not
  861  taken for purposes of delay. Such appeal shall be taken within
  862  30 days after the date the order was entered and shall be
  863  diligently prosecuted.
  864         (d)(c) The remedies and sanctions described in ss. 934.03
  865  934.10 with respect to the interception of electronic
  866  communications are the only judicial remedies and sanctions for
  867  violations of those sections involving such communications.
  868         (11) The requirements of subparagraph (1)(b)2. and
  869  paragraph (3)(d) relating to the specification of the facilities
  870  from which, or the place where, the communication is to be
  871  intercepted do not apply if:
  872         (a) In the case of an application with respect to the
  873  interception of an oral communication:
  874         1. The application is by an agent or officer of a law
  875  enforcement agency and is approved by the Governor, the Attorney
  876  General, the statewide prosecutor, or a state attorney.
  877         2. The application contains a full and complete statement
  878  as to why such specification is not practical and identifies the
  879  person committing the offense and whose communications are to be
  880  intercepted.
  881         3. The judge finds that such specification is not
  882  practical.
  883         (b) In the case of an application with respect to a wire or
  884  electronic communication:
  885         1. The application is by an agent or officer of a law
  886  enforcement agency and is approved by the Governor, the Attorney
  887  General, the statewide prosecutor, or a state attorney.
  888         2. The application identifies the person believed to be
  889  committing the offense and whose communications are to be
  890  intercepted and the applicant makes a showing that there is
  891  probable cause to believe that the person’s actions could have
  892  the effect of thwarting interception from a specified facility
  893  or that the person whose communications are to be intercepted
  894  has removed, or is likely to remove, himself or herself to
  895  another judicial circuit within the state.
  896         3. The judge finds that such showing has been adequately
  897  made.
  898         4. The search warrant order authorizing or approving the
  899  interception is limited to interception only for such time as it
  900  is reasonable to presume that the person identified in the
  901  application is or was reasonably proximate to the instrument
  902  through which such communication will be or was transmitted.
  903  
  904  Consistent with this paragraph, a judge of competent
  905  jurisdiction may authorize interception within this state,
  906  whether the interception is within or outside the court’s
  907  jurisdiction, if the application for the interception makes a
  908  showing that some activity or conspiracy believed to be related
  909  to, or in furtherance of, the criminal predicate for the
  910  requested interception has occurred or will likely occur, or the
  911  communication to be intercepted or expected to be intercepted is
  912  occurring or will likely occur, in whole or in part, within the
  913  jurisdiction of the court where the order is being sought.
  914         (12) If an interception of a communication is to be carried
  915  out pursuant to subsection (11), such interception may not begin
  916  until the facilities from which, or the place where, the
  917  communication is to be intercepted is ascertained by the person
  918  implementing the interception search warrant order. A provider
  919  of wire or electronic communications service that has received a
  920  search warrant an order as provided under paragraph (11)(b) may
  921  petition the court to modify or quash the search warrant order
  922  on the ground that the interception cannot be performed in a
  923  timely or reasonable fashion. The court, upon notice to the
  924  state, shall decide such a petition expeditiously.
  925         (13) Consistent with this section, a judge of competent
  926  jurisdiction may authorize interception within this state,
  927  whether the interception is within or outside the court’s
  928  jurisdiction, if the application for the interception makes a
  929  showing that some activity or conspiracy believed to be related
  930  to, or in furtherance of, the criminal predicate for the
  931  requested interception has occurred or will likely occur, or the
  932  communication to be intercepted or expected to be intercepted is
  933  occurring or will likely occur, in whole or in part, within the
  934  jurisdiction of the court where the search warrant is being
  935  sought.
  936         Section 9. Subsection (2) of section 934.10, Florida
  937  Statutes, is amended, and subsection (1) of that section is
  938  republished, to read:
  939         934.10 Civil remedies.—
  940         (1) Any person whose wire, oral, or electronic
  941  communication is intercepted, disclosed, or used in violation of
  942  ss. 934.03-934.09 shall have a civil cause of action against any
  943  person or entity who intercepts, discloses, or uses, or procures
  944  any other person or entity to intercept, disclose, or use, such
  945  communications and shall be entitled to recover from any such
  946  person or entity which engaged in that violation such relief as
  947  may be appropriate, including:
  948         (a) Preliminary or equitable or declaratory relief as may
  949  be appropriate;
  950         (b) Actual damages, but not less than liquidated damages
  951  computed at the rate of $100 a day for each day of violation or
  952  $1,000, whichever is higher;
  953         (c) Punitive damages; and
  954         (d) A reasonable attorney’s fee and other litigation costs
  955  reasonably incurred.
  956         (2) A good faith reliance on any of the following
  957  constitutes a complete defense to any civil, criminal, or
  958  administrative action arising out of such conduct under the laws
  959  of this state:
  960         (a) A search warrant court order, subpoena, or legislative
  961  authorization as provided for in ss. 934.03-934.09;,
  962         (b) A request of an investigative or law enforcement
  963  officer under s. 934.09(7);, or
  964         (c) A good faith determination that Florida or federal law,
  965  other than 18 U.S.C. s. 2511(2)(d), authorized permitted the
  966  conduct complained of
  967  
  968  shall constitute a complete defense to any civil or criminal, or
  969  administrative action arising out of such conduct under the laws
  970  of this state.
  971         Section 10. Section 934.21, Florida Statutes, is amended to
  972  read:
  973         934.21 Unlawful access to stored communications;
  974  penalties.—
  975         (1) Except as provided in subsection (3), whoever:
  976         (a) Intentionally accesses without authorization a facility
  977  through which an electronic communication service is provided,
  978  or
  979         (b) Intentionally exceeds an authorization to access such
  980  facility,
  981  
  982  and thereby obtains, alters, or prevents authorized access to a
  983  wire or electronic communication while it is in electronic
  984  storage in such system shall be punished as provided in
  985  subsection (2).
  986         (2) The punishment for an offense under subsection (1) is
  987  as follows:
  988         (a) If the offense is committed for purposes of commercial
  989  advantage, malicious destruction or damage, or private
  990  commercial gain, the person is:
  991         1. In the case of a first offense under this subsection,
  992  commits guilty of a misdemeanor of the first degree, punishable
  993  as provided in s. 775.082, s. 775.083, or s. 934.41.
  994         2. In the case of any subsequent offense under this
  995  subsection, commits guilty of a felony of the third degree,
  996  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
  997  s. 934.41.
  998         (b) In any other case, the person commits is guilty of a
  999  misdemeanor of the second degree, punishable as provided in s.
 1000  775.082 or s. 775.083.
 1001         (3) Subsection (1) does not apply with respect to conduct
 1002  authorized:
 1003         (a) By the person or entity providing a wire, oral, or
 1004  electronic communications service, including through cellular
 1005  phones, microphone-enabled household devices, or portable
 1006  electronic communication devices;
 1007         (b) By a user of a wire, oral, or electronic communications
 1008  service, including through cellular phones, microphone-enabled
 1009  household devices, or portable electronic communication devices,
 1010  with respect to a communication of or intended for that user; or
 1011         (c) In s. 934.09, s. 934.23, or s. 934.24;
 1012         (d) In chapter 933; or
 1013         (e) For accessing for a legitimate business purpose
 1014  information that is not personally identifiable or that has been
 1015  collected in a way that prevents identification of the user of
 1016  the device.
 1017         Section 11. Section 934.42, Florida Statutes, is amended to
 1018  read:
 1019         934.42 Mobile tracking device and location tracking
 1020  authorization.—
 1021         (1) As used in this section, the term:
 1022         (a) “Mobile tracking device” means an electronic or
 1023  mechanical device that tracks the movement of a person or an
 1024  object.
 1025         (b) “Real-time location tracking” means the:
 1026         1. Installation and use of a mobile tracking device on the
 1027  object to be tracked;
 1028         2. Acquisition of real-time cell-site location data; or
 1029         3. Acquisition of real-time precise global positioning
 1030  system location data.
 1031         (c) “Historical location data” means historical precise
 1032  global positioning system location data in the possession of a
 1033  provider.
 1034         (2)(1) An investigative or law enforcement officer may make
 1035  application to a judge of competent jurisdiction for a search
 1036  warrant an order authorizing or approving real-time location
 1037  tracking or the acquisition of historical location data in the
 1038  possession of the provider the installation and use of a mobile
 1039  tracking device.
 1040         (3)(2) An application under subsection (2) (1) of this
 1041  section must include:
 1042         (a) A statement of the identity of the applicant and the
 1043  identity of the law enforcement agency conducting the
 1044  investigation.
 1045         (b) A statement setting forth a reasonable period of time
 1046  the mobile tracking device may be used or the location data may
 1047  be obtained in real time, not to exceed 45 days from the date on
 1048  which the search warrant is issued. The court may, for good
 1049  cause, grant one or more extensions for a reasonable period of
 1050  time, not to exceed 45 days each. When seeking historical
 1051  location data, the applicant must specify a date range for the
 1052  data sought certification by the applicant that the information
 1053  likely to be obtained is relevant to an ongoing criminal
 1054  investigation being conducted by the investigating agency.
 1055         (c) A statement of the offense to which the information
 1056  likely to be obtained relates.
 1057         (d) A statement as to whether it may be necessary to use
 1058  and monitor the mobile tracking device outside the jurisdiction
 1059  of the court from which authorization is being sought.
 1060         (4)(3) Upon application made as provided under subsection
 1061  (3) (2), the court, if it finds probable cause that the
 1062  certification and finds that the statements required by
 1063  subsection (3) (2) have been made in the application, must grant
 1064  a search warrant shall enter an ex parte order authorizing real
 1065  time location tracking or the acquisition of historical location
 1066  data the installation and use of a mobile tracking device. Such
 1067  search warrant order may authorize the location tracking use of
 1068  the device within the jurisdiction of the court and outside that
 1069  jurisdiction but within the State of Florida if the location
 1070  tracking device is initiated installed within the jurisdiction
 1071  of the court. The search warrant must command the investigative
 1072  or law enforcement officer to complete any initiation of the
 1073  location tracking or execution of the search warrant for
 1074  historical location data authorized by the search warrant within
 1075  a specified period of time not to exceed 10 calendar days.
 1076         (5)(4) A court may not require greater specificity or
 1077  additional information beyond that which is required by law and
 1078  this section as a requisite for issuing a search warrant an
 1079  order.
 1080         (6) Within 10 days after the time period specified in
 1081  paragraph (3)(b) has ended, the investigative or law enforcement
 1082  officer executing a search warrant must return the search
 1083  warrant to the issuing judge. When the search warrant is
 1084  authorizing the acquisition of historical location data, the
 1085  investigative or law enforcement officer executing the search
 1086  warrant must return the search warrant to the issuing judge
 1087  within 10 days after receipt of the records. The investigative
 1088  or law enforcement officer may do so by reliable electronic
 1089  means.
 1090         (7) Within 10 days after the time period specified in
 1091  paragraph (3)(b) has ended, the investigative or law enforcement
 1092  officer executing a search warrant must serve a copy of the
 1093  search warrant on the person who, or whose property, was
 1094  tracked. When the search warrant is authorizing the acquisition
 1095  of historical location data, the investigative or law
 1096  enforcement officer executing the search warrant must serve a
 1097  copy of the search warrant on the person whose data was obtained
 1098  within 10 days after receipt of the records. Service may be
 1099  accomplished by delivering a copy to the person who, or whose
 1100  property, was tracked or whose data was obtained or by leaving a
 1101  copy at the person’s residence or usual place of abode with an
 1102  individual of suitable age and discretion who resides at that
 1103  location and by mailing a copy to the person’s last known
 1104  address. Upon a showing of good cause to a court of competent
 1105  jurisdiction, the court may grant one or more postponements of
 1106  this notice for a period of 90 days each.
 1107         (8)(5) The standards established by Florida courts and the
 1108  United States Supreme Court for the installation, use, or and
 1109  monitoring of mobile tracking devices and the acquisition of
 1110  location data shall apply to the installation, use, or
 1111  monitoring and use of any device and the acquisition of location
 1112  data as authorized by this section.
 1113         (6) As used in this section, a “tracking device” means an
 1114  electronic or mechanical device which permits the tracking of
 1115  the movement of a person or object.
 1116         (9)(a) Notwithstanding any other provision of this chapter,
 1117  any investigative or law enforcement officer specially
 1118  designated by the Governor, the Attorney General, the statewide
 1119  prosecutor, or a state attorney acting pursuant to this chapter
 1120  who reasonably determines that:
 1121         1. An emergency exists which:
 1122         a. Involves immediate danger of death or serious physical
 1123  injury to any person or the danger of escape of a prisoner; and
 1124         b. Requires real-time location tracking before a search
 1125  warrant authorizing such tracking can, with due diligence, be
 1126  obtained; and
 1127         2. There are grounds upon which a search warrant could be
 1128  issued under this chapter to authorize such tracking,
 1129  
 1130  may engage in real-time location tracking if, within 48 hours
 1131  after the tracking has occurred or begins to occur, a search
 1132  warrant approving the tracking is issued in accordance with this
 1133  section.
 1134         (b) In the absence of an authorizing search warrant, such
 1135  tracking must immediately terminate when the information sought
 1136  is obtained, when the application for the search warrant is
 1137  denied, or when 48 hours have lapsed since the tracking began,
 1138  whichever is earlier.
 1139         Section 12. For the purpose of incorporating the amendments
 1140  made by this act to sections 934.03 and 934.07, Florida
 1141  Statutes, in a reference thereto, paragraph (b) of subsection
 1142  (2) of section 934.22, Florida Statutes, is reenacted to read:
 1143         934.22 Voluntary disclosure of customer communications or
 1144  records.—
 1145         (2) A provider described in subsection (1) may divulge the
 1146  contents of a communication:
 1147         (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07,
 1148  or s. 934.23.
 1149         Section 13. For the purpose of incorporating the amendments
 1150  made by this act to sections 934.09 and 934.21, Florida
 1151  Statutes, in references thereto, subsections (1) and (4) of
 1152  section 934.27, Florida Statutes, are reenacted to read:
 1153         934.27 Civil action: relief; damages; defenses.—
 1154         (1) Except as provided in s. 934.23(5), any provider of
 1155  electronic communication service, or subscriber or customer
 1156  thereof, aggrieved by any violation of ss. 934.21-934.28 in
 1157  which the conduct constituting the violation is engaged in with
 1158  a knowing or intentional state of mind may, in a civil action,
 1159  recover from the person or entity which engaged in that
 1160  violation such relief as is appropriate.
 1161         (4) A good faith reliance on any of the following is a
 1162  complete defense to any civil or criminal action brought under
 1163  ss. 934.21-934.28:
 1164         (a) A court warrant or order, a subpoena, or a statutory
 1165  authorization, including, but not limited to, a request of an
 1166  investigative or law enforcement officer to preserve records or
 1167  other evidence, as provided in s. 934.23(7).
 1168         (b) A request of an investigative or law enforcement
 1169  officer under s. 934.09(7).
 1170         (c) A good faith determination that s. 934.03(3) permitted
 1171  the conduct complained of.
 1172         Section 14. For the purpose of incorporating the amendment
 1173  made by this act to section 934.21, Florida Statutes, in a
 1174  reference thereto, subsection (6) of section 934.23, Florida
 1175  Statutes, is reenacted to read:
 1176         934.23 Required disclosure of customer communications or
 1177  records.—
 1178         (6) No cause of action shall lie in any court against any
 1179  provider of wire or electronic communication service, its
 1180  officers, employees, agents, or other specified persons for
 1181  providing information, facilities, or assistance in accordance
 1182  with the terms of a court order, warrant, subpoena, or
 1183  certification under ss. 934.21-934.28.
 1184         Section 15. For the purpose of incorporating the amendment
 1185  made by this act to section 934.21, Florida Statutes, in
 1186  references thereto, subsections (6) and (7) of section 934.24,
 1187  Florida Statutes, are reenacted to read:
 1188         934.24 Backup preservation; customer notification;
 1189  challenges by customer.—
 1190         (6) Within 14 days after notice by the investigative or law
 1191  enforcement officer to the subscriber or customer under
 1192  subsection (2), the subscriber or customer may file a motion to
 1193  quash the subpoena or vacate the court order seeking contents of
 1194  electronic communications, with copies served upon the
 1195  investigative or law enforcement officer and with written notice
 1196  of such challenge to the service provider. A motion to vacate a
 1197  court order must be filed in the court which issued the order. A
 1198  motion to quash a subpoena must be filed in the circuit court in
 1199  the circuit from which the subpoena issued. Such motion or
 1200  application must contain an affidavit or sworn statement:
 1201         (a) Stating that the applicant is a subscriber or customer
 1202  of the service from which the contents of electronic
 1203  communications maintained for her or him have been sought, and
 1204         (b) Stating the applicant’s reasons for believing that the
 1205  records sought are not relevant to a legitimate law enforcement
 1206  inquiry or that there has not been substantial compliance with
 1207  the provisions of ss. 934.21-934.28 in some other respect.
 1208         (7) Except as otherwise obtained under paragraph (3)(a),
 1209  service must be made under this section upon an investigative or
 1210  law enforcement officer by delivering or mailing by registered
 1211  or certified mail a copy of the papers to the person, office, or
 1212  department specified in the notice which the subscriber or
 1213  customer has received pursuant to ss. 934.21-934.28. For the
 1214  purposes of this subsection, the term “delivering” shall be
 1215  construed in accordance with the definition of “delivery” as
 1216  provided in Rule 1.080, Florida Rules of Civil Procedure.
 1217         Section 16. For the purpose of incorporating the amendment
 1218  made by this act to section 934.21, Florida Statutes, in a
 1219  reference thereto, subsection (5) of section 934.25, Florida
 1220  Statutes, is reenacted to read:
 1221         934.25 Delayed notice.—
 1222         (5) Upon the expiration of the period of delay of
 1223  notification under subsection (1) or subsection (4), the
 1224  investigative or law enforcement officer must serve upon or
 1225  deliver by registered or first-class mail to the subscriber or
 1226  customer a copy of the process or request together with notice
 1227  which:
 1228         (a) States with reasonable specificity the nature of the
 1229  law enforcement inquiry, and
 1230         (b) Informs the subscriber or customer:
 1231         1. That information maintained for such subscriber or
 1232  customer by the service provider named in the process or request
 1233  was supplied to or requested by the investigative or law
 1234  enforcement officer and the date on which such information was
 1235  so supplied or requested.
 1236         2. That notification of such subscriber or customer was
 1237  delayed.
 1238         3. What investigative or law enforcement officer or what
 1239  court made the certification or determination pursuant to which
 1240  that delay was made.
 1241         4. Which provision of ss. 934.21-934.28 allowed such delay.
 1242         Section 17. For the purpose of incorporating the amendment
 1243  made by this act to section 934.21, Florida Statutes, in a
 1244  reference thereto, section 934.28, Florida Statutes, is
 1245  reenacted to read:
 1246         934.28 Exclusivity of remedies and sanctions.—The remedies
 1247  and sanctions described in ss. 934.21-934.27 are the only
 1248  judicial remedies and sanctions for violation of those sections.
 1249         Section 18. This act shall take effect July 1, 2020.

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