Bill Text: FL S0470 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Searches of Cellular Phones and Other Electronic Devices
Spectrum:
Status: (Failed) 2020-03-14 - Died in Judiciary [S0470 Detail]
Download: Florida-2020-S0470-Introduced.html
Bill Title: Searches of Cellular Phones and Other Electronic Devices
Spectrum:
Status: (Failed) 2020-03-14 - Died in Judiciary [S0470 Detail]
Download: Florida-2020-S0470-Introduced.html
Florida Senate - 2020 SB 470 By Senator Brandes 24-00120-20 2020470__ 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 term “oral communication”; defining the terms 16 “microphone-enabled household device” and “portable 17 electronic communication device”; amending s. 934.03, 18 F.S.; authorizing specified persons to provide 19 information, facilities, or technical assistance to a 20 person authorized by law to intercept wire, oral, or 21 electronic communications if such person has been 22 provided with a search warrant issued by a court of 23 competent jurisdiction; prohibiting specified persons 24 from disclosing the existence of any interception of a 25 wire, oral, or electronic communication with respect 26 to which the person has been served with a search 27 warrant, rather than a court order; amending s. 28 934.06, F.S.; prohibiting the use of certain 29 communication content in any trial, hearing or other 30 proceeding which was obtained without a specified 31 warrant; providing an exception; amending s. 934.07, 32 F.S.; authorizing a judge to issue a search warrant, 33 rather than grant a court order, in conformity with 34 specified provisions; authorizing the Department of 35 Law Enforcement to request a law enforcement agency 36 that provided certain information to join the 37 department in seeking a new search warrant; amending 38 s. 934.09, F.S.; requiring that each application for a 39 search warrant, rather than an order, authorizing or 40 approving the interception of wire, oral, or 41 electronic communications be made in writing and state 42 the applicant’s authority; authorizing a judge to 43 authorize a search warrant ex parte, rather than an ex 44 parte order, based on the application under certain 45 circumstances; specifying requirements for search 46 warrants, rather than orders, issued under certain 47 circumstances; authorizing an aggrieved person to move 48 to suppress the contents of certain wire, oral, or 49 electronic communications before, as well as during, a 50 trial, hearing, or proceeding; providing for 51 inadmissibility of certain evidence if a certain 52 motion is granted; authorizing a judge of competent 53 jurisdiction to authorize interception of wire, oral, 54 or electronic communications within this state under 55 specified circumstances; amending s. 934.10, F.S.; 56 providing that a good faith reliance on a search 57 warrant, rather than a court order, subpoena, or 58 legislative authorization, issued under certain 59 provisions constitutes a complete defense against 60 specified actions; amending s. 934.21, F.S.; revising 61 the exceptions to conduct that constitutes unlawful 62 access to stored communications; conforming a 63 provision to changes made by the act; amending s. 64 934.42, F.S.; defining the terms “mobile tracking 65 device,” “real-time location tracking,” and 66 “historical location data”; authorizing an 67 investigative or law enforcement officer to apply to a 68 judge of competent jurisdiction for a search warrant, 69 rather than an order, authorizing real-time location 70 tracking or acquisition of historical location data; 71 requiring an application for a search warrant to 72 include a statement setting forth a reasonable period 73 of time the mobile tracking device may be used or the 74 location data may be obtained in real time, not to 75 exceed a specified limit; authorizing a court to grant 76 extensions, for good cause, that do not individually 77 exceed a specified limit; requiring an applicant 78 seeking historical location data to specify a date 79 range for the data sought; deleting a provision 80 requiring a certification to be included in the 81 application; requiring the court, if it finds probable 82 cause and that the application contains the required 83 statements, to grant a search warrant; specifying that 84 the search warrant may authorize real-time location 85 tracking or acquisition of historical location data; 86 providing that the search warrant may authorize the 87 tracking as specified; requiring the search warrant to 88 command the investigative or law enforcement officer 89 to complete any initiation of the location tracking or 90 execution of the search warrant for historical 91 location data authorized by the search warrant within 92 a certain timeframe; providing requirements for the 93 return of the search warrant to the judge and for 94 service of a copy of the search warrant on the person 95 who was tracked or whose property was tracked; 96 providing requirements for returning and serving a 97 search warrant authorizing the acquisition of 98 historical location data; authorizing a court, for 99 good cause, to postpone the notice requirement for a 100 specified time period; requiring that the standards 101 established by Florida courts for the installation, 102 use, or monitoring of mobile tracking devices and the 103 acquisition of location data apply to the 104 installation, use, or monitoring of any devices and 105 the acquisition of location data as authorized by 106 certain provisions; deleting the definition of 107 “tracking device”; authorizing any investigative or 108 law enforcement officer who is specially designated by 109 certain persons and who makes specified determinations 110 to engage in real-time location tracking if a search 111 warrant is obtained, as specified, after the tracking 112 has occurred or begins to occur; providing 113 requirements for engaging in real-time location 114 tracking; specifying when real-time location tracking 115 must terminate; reenacting s. 934.22(2)(b), F.S., 116 relating to voluntary disclosure of customer 117 communications or records, to incorporate the 118 amendments made to ss. 934.03 and 934.07, F.S., in 119 references thereto; reenacting s. 934.27(1) and (4), 120 F.S., relating to relief, damages, and defenses for 121 certain civil actions, to incorporate the amendments 122 made to ss. 934.09 and 934.21, F.S., in references 123 thereto; reenacting ss. 934.23(6), 934.24(6) and (7), 124 934.25(5), and 934.28, F.S., relating to required 125 disclosures of customer communications or records, a 126 subscriber or customer filing a motion for certain 127 relief and customer notification, delayed notice, and 128 the exclusivity of remedies and sanctions for certain 129 violations, respectively, to incorporate the amendment 130 made to s. 934.21, F.S., in references thereto; 131 providing an effective date. 132 133 Be It Enacted by the Legislature of the State of Florida: 134 135 Section 1. Section 933.02, Florida Statutes, is amended to 136 read: 137 933.02 Grounds for issuance of search warrant.—Upon proper 138 affidavits being made, a search warrant may be issued under the 139 provisions of this chapter upon any of the following grounds: 140 (1) When the property shall have been stolen or embezzled 141 in violation of law.;142 (2) When any property shall have been used: 143 (a) As a means to commit any crime; 144 (b) In connection with gambling, gambling implements and 145 appliances; or 146 (c) In violation of s. 847.011 or other laws in reference 147 to obscene prints and literature.;148 (3) When any property, or when content held within a 149 cellular phone, a portable electronic communication device as 150 defined in s. 934.02, or a microphone-enabled household device 151 as defined in s. 934.02, constitutes evidence relevant to 152 proving that a felony has been committed.;153 (4) When any property is being held or possessed: 154 (a) In violation of any of the laws prohibiting the 155 manufacture, sale, and transportation of intoxicating liquors; 156 (b) In violation of the fish and game laws; 157 (c) In violation of the laws relative to food and drug; or 158 (d) In violation of the laws relative to citrus disease 159 pursuant to s. 581.184.;or160 (5) When the laws in relation to cruelty to animals, as 161 provided in chapter 828, have been or are violated in any 162 particular building or place. 163 164 This section also applies to any papers or documents used as a 165 means of or in aid of the commission of any offense against the 166 laws of the state. 167 Section 2. Section 933.04, Florida Statutes, is amended to 168 read: 169 933.04 Affidavits.—The right of the people to be secure in 170 their persons, houses, papers and effects against unreasonable 171 seizures and searches and against the unreasonable interception 172 of private communications by any means shall not be violated and 173 no search warrant shall be issued except upon probable cause, 174 supported by oath or affirmation particularly describing the 175 place to be searched and the person and thing to be seized. 176 Section 3. Section 934.01, Florida Statutes, is amended to 177 read: 178 934.01 Legislative findings.—On the basis of its own 179 investigations and of published studies, the Legislature makes 180 the following findings: 181 (1) Wire communications are normally conducted through the 182 use of facilities which form part of an intrastate network. The 183 same facilities are used for interstate and intrastate 184 communications. 185 (2) In order to protect effectively the privacy of wire, 186andoral, and electronic communications, to protect the 187 integrity of court and administrative proceedings, and to 188 prevent the obstruction of intrastate commerce, it is necessary 189 for the Legislature to define the circumstances and conditions 190 under which the interception of wire,andoral, and electronic 191 communications may be authorized and to prohibit any 192 unauthorized interception of such communications and the use of 193 the contents thereof in evidence in courts and administrative 194 proceedings. 195 (3) Organized criminals make extensive use of wire,and196 oral, and electronic communications in their criminal 197 activities. The interception of such communications to obtain 198 evidence of the commission of crimes or to prevent their 199 commission is an indispensable aid to law enforcement and the 200 administration of justice. 201 (4) To safeguard the privacy of innocent persons, the 202 interception of wire,ororal, or electronic communications when 203 none of the parties to the communication has consented to the 204 interception should be allowed only when authorized by a court 205 of competent jurisdiction and should remain under the control 206 and supervision of the authorizing court. Interception of wire, 207andoral, and electronic communications should further be 208 limited to certain major types of offenses and specific 209 categories of crime with assurance that the interception is 210 justified and that the information obtained thereby will not be 211 misused. 212 (5) To safeguard the privacy of innocent persons, the 213 Legislature recognizes the subjective expectation of privacy in 214 real-time cell-site location data, real-time precise global 215 positioning system location data, and historical precise global 216 positioning system location data which society is now prepared 217 to accept is objectively reasonable. As such, the law 218 enforcement collection of the precise location of a person, 219 cellular phone, or portable electronic communication device 220 without the consent of the person or owner of the cellular phone 221 or portable electronic communication device should be allowed 222 only when authorized by a search warrant issued by a court of 223 competent jurisdiction and should remain under the control and 224 supervision of the authorizing court. 225 (6) The Legislature recognizes the use of portable 226 electronic communication devices is growing at a rapidly 227 increasing rate. These devices can store, and encourage the 228 storing of, an almost limitless amount of personal and private 229 information. Often linked to the Internet, these devices are 230 commonly used to access personal and business information and 231 databases in computers and servers that can be located anywhere 232 in the world. The user of a portable electronic communication 233 device has a reasonable and justifiable expectation of privacy 234 in the information that these devices contain. 235 (7) The Legislature recognizes the use of household 236 electronic devices, including microphone-enabled household 237 devices, is growing rapidly. These devices often contain 238 microphones that listen for and respond to environmental cues. 239 These household devices are generally connected to and 240 communicate through the Internet, resulting in the storage of 241 and accessibility to daily household information in the device 242 itself or in a remote computing service. Persons should not have 243 to choose between using household technological enhancements and 244 conveniences or preserving the right to privacy in their own 245 homes. 246 Section 4. Subsection (2) of section 934.02, Florida 247 Statutes, is amended, and subsections (27) and (28) are added to 248 that section, to read: 249 934.02 Definitions.—As used in this chapter: 250 (2) “Oral communication” means any oral communication 251 uttered by a person exhibiting an expectation that such 252 communication is not subject to interception under circumstances 253 justifying such expectation, including the use of a microphone 254 enabled household device, and does not mean any public oral 255 communication uttered at a public meeting or any electronic 256 communication. 257 (27) “Microphone-enabled household device” means a device, 258 sensor, or other physical object within a residence which: 259 (a) Is capable of connecting to the Internet, directly or 260 indirectly, or to another connected device; 261 (b) Is capable of creating, receiving, accessing, 262 processing, or storing electronic data or communications; 263 (c) Communicates with, by any means, another entity or 264 individual; and 265 (d) Contains a microphone designed to listen for and 266 respond to environmental cues. 267 (28) “Portable electronic communication device” means an 268 object that may be easily transported or conveyed by a person; 269 is capable of creating, receiving, accessing, processing, or 270 storing electronic data or communications; and communicates 271 with, by any means, another device, entity, or individual. 272 Section 5. Subsection (2) of section 934.03, Florida 273 Statutes, is amended to read: 274 934.03 Interception and disclosure of wire, oral, or 275 electronic communications prohibited.— 276 (2)(a)1. It is lawful under this section and ss. 934.04 277 934.09 for an operator of a switchboard, or an officer, 278 employee, or agent of a provider of wire or electronic 279 communication service whose facilities are used in the 280 transmission of a wire or electronic communication, to 281 intercept, disclose, or use that communication in the normal 282 course of his or her employment while engaged in any activity 283 which is a necessary incident to the rendition of his or her 284 service or to the protection of the rights or property of the 285 provider of that service, except that a provider of wire 286 communication service to the public shall not utilize service 287 observing or random monitoring except for mechanical or service 288 quality control checks. 289 2. Notwithstanding any other law, a provider of wire, oral, 290 or electronic communication service, or an officer, employee, or 291 agent thereof, or landlord, custodian, or other person, may 292 provide information, facilities, or technical assistance to a 293 person authorized by law to intercept wire, oral, or electronic 294 communications if such provider, or an officer, employee, or 295 agent thereof, or landlord, custodian, or other person, has been 296 provided with: 297 a. Acourt order directing such assistance signed by the298authorizing judge; or299b.Acertification in writing by a person specified in s. 300 934.09(7) that no search warrant or court order is required by 301 law, that all statutory requirements have been met, and that the 302 specified assistance is required, setting forth the period of 303 time during which the provision of the information, facilities, 304 or technical assistance is authorized and specifying the 305 information, facilities, or technical assistance required; or 306 b. A search warrant issued by a judge of competent 307 jurisdiction as required by law. 308 3. A provider of wire, oral, or electronic communication 309 service, or an officer, employee, or agent thereof, or landlord, 310 custodian, or other person may not disclose the existence of any 311 interception or the device used to accomplish the interception 312 with respect to which the person has been served with a search 313 warrantfurnished an order under this section and ss. 934.04314934.09, except as may otherwise be required by legal process and 315 then only after prior notice to the Governor, the Attorney 316 General, the statewide prosecutor, or a state attorney, as may 317 be appropriate. Any such disclosure renders such person liable 318 for the civil damages provided under s. 934.10, and such person 319 may be prosecuted under s. 934.43. An action may not be brought 320 against any provider of wire, oral, or electronic communication 321 service, or an officer, employee, or agent thereof, or landlord, 322 custodian, or other person for providing information, 323 facilities, or assistance in accordance with the terms of a 324 search warrantcourt orderunder this section and ss. 934.04325934.09. 326 (b) It is lawful under this section and ss. 934.04-934.09 327 for an officer, employee, or agent of the Federal Communications 328 Commission, in the normal course of his or her employment and in 329 discharge of the monitoring responsibilities exercised by the 330 commission in the enforcement of 47 U.S.C. chapter 5, to 331 intercept a wire, oral, or electronic communication transmitted 332 by radio or to disclose or use the information thereby obtained. 333 (c) It is lawful under this section and ss. 934.04-934.09 334 for an investigative or law enforcement officer or a person 335 acting under the direction of an investigative or law 336 enforcement officer to intercept a wire, oral, or electronic 337 communication when such person is a party to the communication 338 or one of the parties to the communication has given prior 339 consent to such interception and the purpose of such 340 interception is to obtain evidence of a criminal act. 341 (d) It is lawful under this section and ss. 934.04-934.09 342 for a person to intercept a wire, oral, or electronic 343 communication when all of the parties to the communication have 344 given prior consent to such interception. 345 (e) It is unlawful to intercept any wire, oral, or 346 electronic communication for the purpose of committing any 347 criminal act. 348 (f) It is lawful under this section and ss. 934.04-934.09 349 for an employee of a telephone company to intercept a wire 350 communication for the sole purpose of tracing the origin of such 351 communication when the interception is requested by the 352 recipient of the communication and the recipient alleges that 353 the communication is obscene, harassing, or threatening in 354 nature. The individual conducting the interception shall notify 355 local police authorities within 48 hours after the time of the 356 interception. 357 (g) It is lawful under this section and ss. 934.04-934.09 358 for an employee of: 359 1. An ambulance service licensed pursuant to s. 401.25, a 360 fire station employing firefighters as defined by s. 633.102, a 361 public utility, a law enforcement agency as defined by s. 362 934.02(10), or any other entity with published emergency 363 telephone numbers; 364 2. An agency operating an emergency telephone number “911” 365 system established pursuant to s. 365.171; or 366 3. The central abuse hotline operated pursuant to s. 39.201 367 368 to intercept and record incoming wire communications; however, 369 such employee may intercept and record incoming wire 370 communications on designated “911” telephone numbers and 371 published nonemergency telephone numbers staffed by trained 372 dispatchers at public safety answering points only. It is also 373 lawful for such employee to intercept and record outgoing wire 374 communications to the numbers from which such incoming wire 375 communications were placed when necessary to obtain information 376 required to provide the emergency services being requested. For 377 the purpose of this paragraph, the term “public utility” has the 378 same meaning as provided in s. 366.02 and includes a person, 379 partnership, association, or corporation now or hereafter owning 380 or operating equipment or facilities in the state for conveying 381 or transmitting messages or communications by telephone or 382 telegraph to the public for compensation. 383 (h) It shall not be unlawful under this section and ss. 384 934.04-934.09 for any person: 385 1. To intercept or access an electronic communication made 386 through an electronic communication system that is configured so 387 that such electronic communication is readily accessible to the 388 general public. 389 2. To intercept any radio communication which is 390 transmitted: 391 a. By any station for the use of the general public, or 392 that relates to ships, aircraft, vehicles, or persons in 393 distress; 394 b. By any governmental, law enforcement, civil defense, 395 private land mobile, or public safety communications system, 396 including any police or fire communications system, readily 397 accessible to the general public; 398 c. By a station operating on an authorized frequency within 399 the bands allocated to the amateur, citizens band, or general 400 mobile radio services; or 401 d. By any marine or aeronautical communications system. 402 3. To engage in any conduct which: 403 a. Is prohibited by s. 633 of the Communications Act of 404 1934; or 405 b. Is excepted from the application of s. 705(a) of the 406 Communications Act of 1934 by s. 705(b) of that act. 407 4. To intercept any wire or electronic communication the 408 transmission of which is causing harmful interference to any 409 lawfully operating station of consumer electronic equipment to 410 the extent necessary to identify the source of such 411 interference. 412 5. To intercept, if such person is another user of the same 413 frequency, any radio communication that is not scrambled or 414 encrypted made through a system that utilizes frequencies 415 monitored by individuals engaged in the provision or the use of 416 such system. 417 6. To intercept a satellite transmission that is not 418 scrambled or encrypted and that is transmitted: 419 a. To a broadcasting station for purposes of retransmission 420 to the general public; or 421 b. As an audio subcarrier intended for redistribution to 422 facilities open to the public, but not including data 423 transmissions or telephone calls, when such interception is not 424 for the purposes of direct or indirect commercial advantage or 425 private financial gain. 426 7. To intercept and privately view a private satellite 427 video communication that is not scrambled or encrypted or to 428 intercept a radio communication that is transmitted on 429 frequencies allocated under subpart D of part 74 of the rules of 430 the Federal Communications Commission that is not scrambled or 431 encrypted, if such interception is not for a tortious or illegal 432 purpose or for purposes of direct or indirect commercial 433 advantage or private commercial gain. 434 (i) It shall not be unlawful under this section and ss. 435 934.04-934.09: 436 1. To use a pen register or a trap and trace device as 437 authorized under ss. 934.31-934.34 or under federal law; or 438 2. For a provider of electronic communication service to 439 record the fact that a wire or electronic communication was 440 initiated or completed in order to protect such provider, 441 another provider furnishing service toward the completion of the 442 wire or electronic communication, or a user of that service, 443 from fraudulent, unlawful, or abusive use of such service. 444 (j) It is not unlawful under this section and ss. 934.04 445 934.09 for a person acting under color of law to intercept the 446 wire or electronic communications of a computer trespasser which 447 are transmitted to, through, or from a protected computer if: 448 1. The owner or operator of the protected computer 449 authorizes the interception of the communications of the 450 computer trespasser; 451 2. The person acting under color of law is lawfully engaged 452 in an investigation; 453 3. The person acting under color of law has reasonable 454 grounds to believe that the contents of the communications of 455 the computer trespasser will be relevant to the investigation; 456 and 457 4. The interception does not acquire communications other 458 than those transmitted to, through, or from the computer 459 trespasser. 460 (k) It is lawful under this section and ss. 934.04-934.09 461 for a child under 18 years of age to intercept and record an 462 oral communication if the child is a party to the communication 463 and has reasonable grounds to believe that recording the 464 communication will capture a statement by another party to the 465 communication that the other party intends to commit, is 466 committing, or has committed an unlawful sexual act or an 467 unlawful act of physical force or violence against the child. 468 Section 6. Section 934.06, Florida Statutes, is amended to 469 read: 470 934.06 Prohibition of use as evidence of intercepted wire 471 or oral communications; content of cellular phone, microphone 472 enabled household device, or portable electronic communication 473 device; exceptionsexception.—Whenever any wire or oral 474 communication has been intercepted, or when the content of a 475 cellular phone, microphone-enabled household device, or portable 476 electronic communication device is obtained without a search 477 warrant supported by probable cause, no part of the contents of 478 such communication or content and no evidence derived therefrom 479 may be received in evidence in any trial, hearing, or other 480 proceeding in or before any court, grand jury, department, 481 officer, agency, regulatory body, legislative committee, or 482 other authority of the state, or a political subdivision 483 thereof, if the disclosure of that information would be in 484 violation of this chapter. The prohibition of use as evidence 485 provided in this section does not apply in cases of prosecution 486 for criminal interception in violation of the provisions of this 487 chapter, or in cases where the content of a cellular phone, 488 microphone-enabled household device, or portable electronic 489 communication device is lawfully obtained under circumstances 490 where a search warrant is not required. 491 Section 7. Subsections (1) and (2) of section 934.07, 492 Florida Statutes, are amended to read: 493 934.07 Authorization for interception of wire, oral, or 494 electronic communications.— 495 (1) The Governor, the Attorney General, the statewide 496 prosecutor, or any state attorney may authorize an application 497 to a judge of competent jurisdiction for, and such judge may 498 issue a search warrant as required by lawgrantin conformity499with ss. 934.03-934.09an orderauthorizing or approving the 500 interception of, wire, oral, or electronic communications by: 501 (a) The Department of Law Enforcement or any law 502 enforcement agency as defined in s. 934.02 having responsibility 503 for the investigation of the offense as to which the application 504 is made when such interception may provide or has provided 505 evidence of the commission of the offense of murder, kidnapping, 506 aircraft piracy, arson, gambling, robbery, burglary, theft, 507 dealing in stolen property, criminal usury, bribery, or 508 extortion; any felony violation of ss. 790.161-790.166, 509 inclusive; any violation of s. 787.06; any violation of chapter 510 893; any violation of the provisions of the Florida Anti-Fencing 511 Act; any violation of chapter 895; any violation of chapter 896; 512 any violation of chapter 815; any violation of chapter 847; any 513 violation of s. 827.071; any violation of s. 944.40; or any 514 conspiracy or solicitation to commit any violation of the laws 515 of this state relating to the crimes specifically enumerated in 516 this paragraph. 517 (b) The Department of Law Enforcement, together with other 518 assisting personnel as authorized and requested by the 519 department under s. 934.09(5), for the investigation of the 520 offense as to which the application is made when such 521 interception may provide or has provided evidence of the 522 commission of any offense that may be an act of terrorism or in 523 furtherance of an act of terrorism or evidence of any conspiracy 524 or solicitation to commit any such violation. 525 (2)(a) If, during the course of an interception of 526 communications by a law enforcement agency as authorized under 527 paragraph (1)(a), the law enforcement agency finds that the 528 intercepted communications may provide or have provided evidence 529 of the commission of any offense that may be an act of terrorism 530 or in furtherance of an act of terrorism, or evidence of any 531 conspiracy or solicitation to commit any such violation, the law 532 enforcement agency shall promptly notify the Department of Law 533 Enforcement and apprise the department of the contents of the 534 intercepted communications. The agency notifying the department 535 may continue its previously authorized interception with 536 appropriate minimization, as applicable, and may otherwise 537 assist the department as provided in this section. 538 (b) Upon its receipt of information of the contents of an 539 intercepted communications from a law enforcement agency, the 540 Department of Law Enforcement shall promptly review the 541 information to determine whether the information relates to an 542 actual or anticipated act of terrorism as defined in this 543 section. If, after reviewing the contents of the intercepted 544 communications, there is probable cause that the contents of the 545 intercepted communications meet the criteria of paragraph 546 (1)(b), the Department of Law Enforcement may make application 547 for the interception of wire, oral, or electronic communications 548 consistent with paragraph (1)(b). The department may make an 549 independent new application for interception based on the 550 contents of the intercepted communications. Alternatively, the 551 department may request the law enforcement agency that provided 552 the information to join with the department in seeking a new 553 search warrant as required by law or an amendment of the 554 original interception search warrantorder, or may seek 555 additional authority to continue intercepting communications 556 under the direction of the department. In carrying out its 557 duties under this section, the department may use the provisions 558 for an emergency interception provided in s. 934.09(7) if 559 applicable under statutory criteria. 560 Section 8. Section 934.09, Florida Statutes, is amended to 561 read: 562 934.09 Procedure for interception of wire, oral, or 563 electronic communications.— 564 (1) Each application for a search warrantan order565 authorizing or approving the interception of a wire, oral, or 566 electronic communication under ss. 934.03-934.09 shall be made 567 in writing upon oath or affirmation to a judge of competent 568 jurisdiction and shall state the applicant’s authority to make 569 such application. Each application shall include the following 570 information: 571 (a) The identity of the investigative or law enforcement 572 officer making the application and the officer authorizing the 573 application. 574 (b) A full and complete statement of the facts and 575 circumstances relied upon by the applicant to justify his or her 576 belief that a search warrantan ordershould be issued, 577 including: 578 1. Details as to the particular offense that has been, is 579 being, or is about to be committed. 580 2. Except as provided in subsection (11), a particular 581 description of the nature and location of the facilities from 582 which, or the place where, the communications are to be 583 intercepted. 584 3. A particular description of the type of communications 585 sought to be intercepted. 586 4. The identity of the person, if known, committing the 587 offense and whose communications are to be intercepted. 588 (c) A full and complete statement as to whether or not 589 other investigative procedures have been tried and failed or why 590 they reasonably appear to be unlikely to succeed if tried or to 591 be too dangerous. 592 (d) A statement of the period of time for which the 593 interception is required to be maintained and, if the nature of 594 the investigation is such that the authorization for 595 interception should not automatically terminate when the 596 described type of communication has been first obtained, a 597 particular description of facts establishing probable cause to 598 believe that additional communications of the same type will 599 occur thereafter. 600 (e) A full and complete statement of the facts concerning 601 all previous applications known to the individual authorizing 602 and making the application, made to any judge for authorization 603 to intercept, or for approval of interceptions of, wire, oral, 604 or electronic communications involving any of the same persons, 605 facilities, or places specified in the application, and the 606 action taken by the judge on each such application. 607 (f) When the application is for the extension of a search 608 warrantan order, a statement setting forth the results thus far 609 obtained from the interception or a reasonable explanation of 610 the failure to obtain such results. 611 (2) The judge may require the applicant to furnish 612 additional testimony or documentary evidence in support of the 613 application. 614 (3) Upon such application, the judge may authorize a search 615 warrantenter anex parteorder, as requested or as modified, 616 authorizing or approving interception of wire, oral, or 617 electronic communications within the territorial jurisdiction of 618 the court in which the judge is sitting, and outside such 619 jurisdiction but within the State of Florida in the case of a 620 mobile interception device authorized by the judge within such 621 jurisdiction, if the judge determines on the basis of the facts 622 submitted by the applicant that: 623 (a) There is probable cause for belief that an individual 624 is committing, has committed, or is about to commit an offense 625 as provided in s. 934.07. 626 (b) There is probable cause for belief that particular 627 communications concerning that offense will be obtained through 628 such interception. 629 (c) Normal investigative procedures have been tried and 630 have failed or reasonably appear to be unlikely to succeed if 631 tried or to be too dangerous. 632 (d) Except as provided in subsection (11), there is 633 probable cause for belief that the facilities from which, or the 634 place where, the wire, oral, or electronic communications are to 635 be intercepted are being used, or are about to be used, in 636 connection with the commission of such offense, or are leased 637 to, listed in the name of, or commonly used by such person. 638 (4) Each search warrantorderauthorizing or approving the 639 interception of any wire, oral, or electronic communication 640 shall specify: 641 (a) The identity of the person, if known, whose 642 communications are to be intercepted. 643 (b) The nature and location of the communications 644 facilities as to which, or the place where, authority to 645 intercept is granted. 646 (c) A particular description of the type of communication 647 sought to be intercepted and a statement of the particular 648 offense to which it relates. 649 (d) The identity of the agency authorized to intercept the 650 communications and of the person authorizing the application. 651 (e) The period of time during which such interception is 652 authorized, including a statement as to whether or not the 653 interception shall automatically terminate when the described 654 communication has been first obtained. 655 656 A search warrantAn orderauthorizing the interception of a 657 wire, oral, or electronic communication shall, upon the request 658 of the applicant, direct that a provider of wire or electronic 659 communication service, landlord, custodian, or other person 660 shall furnish the applicant forthwith all information, 661 facilities, and technical assistance necessary to accomplish the 662 interception unobtrusively and with a minimum of interference 663 with the services that such service provider, landlord, 664 custodian, or person is according the person whose 665 communications are to be intercepted. The obligation of a 666 provider of wire, oral, or electronic communication service 667 under such a search warrantan ordermay include, but is not 668 limited to, conducting an in-progress trace during an 669 interception, or providing other assistance to support the 670 investigation as may be specified in the search warrantorder. 671 Any provider of wire or electronic communication service, 672 landlord, custodian, or other person furnishing such facilities 673 or technical assistance shall be compensated therefor by the 674 applicant for reasonable expenses incurred in providing such 675 facilities or assistance. 676 (5) No search warrantorderentered under this section may 677 authorize or approve the interception of any wire, oral, or 678 electronic communication for any period longer than is necessary 679 to achieve the objective of the authorization or in any event 680 longer than 30 days. Such 30-day period begins on the day on 681 which the agent or officer of the law enforcement agency first 682 begins to conduct an interception under the search warrantorder683 or 10 days after the search warrant is approvedorder is684entered, whichever occurs earlier. Extensions of a search 685 warrantan ordermay be granted but only upon application for an 686 extension made in accordance with subsection (1) and upon the 687 court making the findings required by subsection (3). The period 688 of extension shall be no longer than the authorizing judge deems 689 necessary to achieve the purposes for which it was granted and 690 in no event for longer than 30 days. Every search warrantorder691 and extension thereof shall contain a provision that the 692 authorization to intercept shall be executed as soon as 693 practicable, shall be conducted in such a way as to minimize the 694 interception of communications not otherwise subject to 695 interception under ss. 934.03-934.09, and must terminate upon 696 attainment of the authorized objective or in any event in 30 697 days. If the intercepted communication is in code or foreign 698 language and an expert in that foreign language or code is not 699 reasonably available during the interception period, 700 minimization may be accomplished as soon as practicable after 701 such interception. An interception under ss. 934.03-934.09 may 702 be conducted in whole or in part by government personnel or by 703 an individual operating under a contract with the government, 704 acting under the supervision of an agent or officer of the law 705 enforcement agency authorized to conduct the interception. 706 (6) Whenever a search warrantan orderauthorizing 707 interception is grantedenteredpursuant to ss. 934.03-934.09, 708 the search warrantordermay require reports to be made to the 709 judge who issued the search warrantordershowing what progress 710 has been made toward achievement of the authorized objective and 711 the need for continued interception. Such reports shall be made 712 at such intervals as the judge may require. 713 (7) Notwithstanding any other provision of this chapter, 714 any investigative or law enforcement officer specially 715 designated by the Governor, the Attorney General, the statewide 716 prosecutor, or a state attorney acting under this chapter, who 717 reasonably determines that: 718 (a) An emergency exists that: 719 1. Involves immediate danger of death or serious physical 720 injury to any person, the danger of escape of a prisoner, or 721 conspiratorial activities threatening the security interest of 722 the nation or state; and 723 2. Requires that a wire, oral, or electronic communication 724 be intercepted before a search warrantan orderauthorizing such 725 interception can, with due diligence, be obtained; and 726 (b) There are grounds upon which a search warrantan order727 could be entered under this chapter to authorize such 728 interception 729 730 may intercept such wire, oral, or electronic communication if an 731 application for a search warrantan orderapproving the 732 interception is made in accordance with this section within 48 733 hours after the interception has occurred or begins to occur. In 734 the absence of a search warrantan order, such interception 735 shall immediately terminate when the communication sought is 736 obtained or when the application for the search warrantorderis 737 denied, whichever is earlier. If such application for approval 738 is denied, or in any other case in which the interception is 739 terminated without a search warrantan orderhaving been issued, 740 the contents of any wire, oral, or electronic communication 741 intercepted shall be treated as having been obtained in 742 violation of s. 934.03(4), and an inventory shall be served as 743 provided for in paragraph (8)(e) on the person named in the 744 application. 745 (8)(a) The contents of any wire, oral, or electronic 746 communication intercepted by any means authorized by ss. 934.03 747 934.09 shall, if possible, be recorded on tape or wire or other 748 comparable device. The recording of the contents of any wire, 749 oral, or electronic communication under this subsection shall be 750 kept in such a way as will protect the recording from editing or 751 other alterations. Immediately upon the expiration of the period 752 of the search warrantorder, or extensions thereof, such 753 recordings shall be made available to the judge approving the 754 search warrantissuing such orderand sealed under his or her 755 directions. Custody of the recordings shall be wherever the 756 judge orders. They shall not be destroyed except upon an order 757 of the issuing or denying judge, or that judge’s successor in 758 office, and in any event shall be kept for 10 years. Duplicate 759 recordings may be made for use or disclosure pursuant to the 760 provisions of s. 934.08(1) and (2) for investigations, or for 761 purposes of discovery as required by law. 762 (b) The presence of the seal provided for by this 763 subsection, or a satisfactory explanation for the absence 764 thereof, shall be a prerequisite for the use or disclosure of 765 the contents of any wire, oral, or electronic communication or 766 evidence derived therefrom under s. 934.08(3), as required by 767 federal law. 768 (c) Applications made and search warrantsordersgranted 769 under ss. 934.03-934.09 shall be sealed by the judge. Custody of 770 the applications and search warrantsordersshall be wherever 771 the judge directs. As required byfederallaw, such applications 772 and search warrantsordersshall be disclosed only for purposes 773 of discovery or upon a showing of good cause before a judge of 774 competent jurisdiction and shall not be destroyed except on 775 order of the issuing or denying judge, or that judge’s successor 776 in office, and in any event shall be kept for 10 years. 777 (d) Any violation of the provisions of this subsection may 778 be punished as contempt of the issuing or denying judge. 779 (e) Within a reasonable time but not later than 90 days 780 after the termination of the period of a search warrantan order781 or extensions thereof, the issuing or denying judge shall cause 782 to be served on the persons named in the search warrantorderor 783 the application, and such other parties to intercepted 784 communications as the judge may determine in his or her 785 discretion to be in the interest of justice, an inventory which 786 shall include notice of: 787 1. The fact of the approval of the search warrantentry of788theorderor the application. 789 2. The date of the approval of the search warrantentryand 790 the period of authorized, approved, or disapproved interception, 791 or the denial of the application. 792 3. The fact that during the period wire, oral, or 793 electronic communications were or were not intercepted. 794 795 The judge, upon the filing of a motion, may make available to 796 such person or the person’s counsel for inspection such portions 797 of the intercepted communications, applications, and search 798 warrantsordersas the judge determines to be in the interest of 799 justice. On an ex parte showing of good cause to a judge of 800 competent jurisdiction, the serving of the inventory required by 801 this paragraph may be postponed. 802 (9)As required by federal law,The contents of any 803 intercepted wire, oral, or electronic communication or evidence 804 derived therefrom shall not be received in evidence or otherwise 805 disclosed in any trial, hearing, or other proceeding unless each 806 party, not less than 10 days before the trial, hearing, or 807 proceeding, has been furnished with a copy of the search warrant 808courtorderand accompanying application under which the 809 interception was authorized or approved. This 10-day period may 810 be waived by the judge if he or she finds that it was not 811 possible to furnish the party with the above information 10 days 812 before the trial, hearing, or proceeding and that the party will 813 not be prejudiced by the delay in receiving such information. 814 (10)(a) AnAnyaggrieved person before or in any trial, 815 hearing, or proceeding in or before any court, department, 816 officer, agency, regulatory body, or other authority may move to 817 suppress the contents of any intercepted wire, oral, or 818 electronic communication, or evidence derived therefrom, on the 819 grounds that: 820 1. The communication was unlawfully intercepted; 821 2. The search warrantorder of authorization or approval822 under which it was intercepted is insufficient on its face; or 823 3. The interception was not made in conformity with the 824 search warrantorder of authorization or approval. 825 (b) Except as otherwise provided in the applicable Florida 826 Rules of Criminal Procedure, in a criminal matter: 827 1. Such motion shall be made before the trial, hearing, or 828 proceeding unless there was no opportunity to make such motion 829 or the person was not aware of the grounds of the motion. 830 2. If the motion is granted, the contents of the 831 intercepted wire or oral communication, or evidence derived 832 therefrom, shall be treated as having been obtained in violation 833 of ss. 934.03-934.09 and are not admissible as evidence. 834 3. The judge, upon the filing of such motion by the 835 aggrieved person, may make available to the aggrieved person or 836 his or her counsel for inspection such portions of the 837 intercepted communication or evidence derived therefrom as the 838 judge determines to be in the interest of justice. 839 (c)(b)In addition to any other right to appeal, the state 840 shall have the right to appeal from an order granting a motion 841 to suppress made under paragraph (a) or the denial of an 842 application for a search warrantan order of approvalif the 843 attorney shall certify to the judge or other official granting 844 such motion or denying such application that the appeal is not 845 taken for purposes of delay. Such appeal shall be taken within 846 30 days after the date the order was entered and shall be 847 diligently prosecuted. 848 (d)(c)The remedies and sanctions described in ss. 934.03 849 934.10 with respect to the interception of electronic 850 communications are the only judicial remedies and sanctions for 851 violations of those sections involving such communications. 852 (11) The requirements of subparagraph (1)(b)2. and 853 paragraph (3)(d) relating to the specification of the facilities 854 from which, or the place where, the communication is to be 855 intercepted do not apply if: 856 (a) In the case of an application with respect to the 857 interception of an oral communication: 858 1. The application is by an agent or officer of a law 859 enforcement agency and is approved by the Governor, the Attorney 860 General, the statewide prosecutor, or a state attorney. 861 2. The application contains a full and complete statement 862 as to why such specification is not practical and identifies the 863 person committing the offense and whose communications are to be 864 intercepted. 865 3. The judge finds that such specification is not 866 practical. 867 (b) In the case of an application with respect to a wire or 868 electronic communication: 869 1. The application is by an agent or officer of a law 870 enforcement agency and is approved by the Governor, the Attorney 871 General, the statewide prosecutor, or a state attorney. 872 2. The application identifies the person believed to be 873 committing the offense and whose communications are to be 874 intercepted and the applicant makes a showing that there is 875 probable cause to believe that the person’s actions could have 876 the effect of thwarting interception from a specified facility 877 or that the person whose communications are to be intercepted 878 has removed, or is likely to remove, himself or herself to 879 another judicial circuit within the state. 880 3. The judge finds that such showing has been adequately 881 made. 882 4. The search warrantorderauthorizing or approving the 883 interception is limited to interception only for such time as it 884 is reasonable to presume that the person identified in the 885 application is or was reasonably proximate to the instrument 886 through which such communication will be or was transmitted. 887 888Consistent with this paragraph, a judge of competent889jurisdiction may authorize interception within this state,890whether the interception is within or outside the court’s891jurisdiction, if the application for the interception makes a892showing that some activity or conspiracy believed to be related893to, or in furtherance of, the criminal predicate for the894requested interception has occurred or will likely occur, or the895communication to be intercepted or expected to be intercepted is896occurring or will likely occur, in whole or in part, within the897jurisdiction of the court where the order is being sought.898 (12) If an interception of a communication is to be carried 899 out pursuant to subsection (11), such interception may not begin 900 until the facilities from which, or the place where, the 901 communication is to be intercepted is ascertained by the person 902 implementing the interception search warrantorder. A provider 903 of wire or electronic communications service that has received a 904 search warrantanorderas provided under paragraph (11)(b) may 905 petition the court to modify or quash the search warrantorder906 on the ground that the interception cannot be performed in a 907 timely or reasonable fashion. The court, upon notice to the 908 state, shall decide such a petition expeditiously. 909 (13) Consistent with this section, a judge of competent 910 jurisdiction may authorize interception within this state, 911 whether the interception is within or outside the court’s 912 jurisdiction, if the application for the interception makes a 913 showing that some activity or conspiracy believed to be related 914 to, or in furtherance of, the criminal predicate for the 915 requested interception has occurred or will likely occur, or the 916 communication to be intercepted or expected to be intercepted is 917 occurring or will likely occur, in whole or in part, within the 918 jurisdiction of the court where the search warrant is being 919 sought. 920 Section 9. Subsection (2) of section 934.10, Florida 921 Statutes, is amended, and subsection (1) of that section is 922 republished, to read: 923 934.10 Civil remedies.— 924 (1) Any person whose wire, oral, or electronic 925 communication is intercepted, disclosed, or used in violation of 926 ss. 934.03-934.09 shall have a civil cause of action against any 927 person or entity who intercepts, discloses, or uses, or procures 928 any other person or entity to intercept, disclose, or use, such 929 communications and shall be entitled to recover from any such 930 person or entity which engaged in that violation such relief as 931 may be appropriate, including: 932 (a) Preliminary or equitable or declaratory relief as may 933 be appropriate; 934 (b) Actual damages, but not less than liquidated damages 935 computed at the rate of $100 a day for each day of violation or 936 $1,000, whichever is higher; 937 (c) Punitive damages; and 938 (d) A reasonable attorney’s fee and other litigation costs 939 reasonably incurred. 940 (2) A good faith reliance on any of the following 941 constitutes a complete defense to any civil, criminal, or 942 administrative action arising out of such conduct under the laws 943 of this state: 944 (a) A search warrantcourt order, subpoena, or legislative945authorizationas provided for in ss. 934.03-934.09;,946 (b) A request of an investigative or law enforcement 947 officer under s. 934.09(7);,or 948 (c) A good faith determination that Florida or federal law, 949 other than 18 U.S.C. s. 2511(2)(d), authorizedpermittedthe 950 conduct complained of 951 952shall constitute a complete defense to any civil or criminal, or953administrative action arising out of such conduct under the laws954of this state. 955 Section 10. Section 934.21, Florida Statutes, is amended to 956 read: 957 934.21 Unlawful access to stored communications; 958 penalties.— 959 (1) Except as provided in subsection (3), whoever: 960 (a) Intentionally accesses without authorization a facility 961 through which an electronic communication service is provided, 962 or 963 (b) Intentionally exceeds an authorization to access such 964 facility, 965 966 and thereby obtains, alters, or prevents authorized access to a 967 wire or electronic communication while it is in electronic 968 storage in such system shall be punished as provided in 969 subsection (2). 970 (2) The punishment for an offense under subsection (1) is 971 as follows: 972 (a) If the offense is committed for purposes of commercial 973 advantage, malicious destruction or damage, or private 974 commercial gain, the personis: 975 1. In the case of a first offense under this subsection, 976 commitsguilty ofa misdemeanor of the first degree, punishable 977 as provided in s. 775.082, s. 775.083, or s. 934.41. 978 2. In the case of any subsequent offense under this 979 subsection, commitsguilty ofa felony of the third degree, 980 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 981 s. 934.41. 982 (b) In any other case, the person commitsis guilty ofa 983 misdemeanor of the second degree, punishable as provided in s. 984 775.082 or s. 775.083. 985 (3) Subsection (1) does not apply with respect to conduct 986 authorized: 987 (a) By the person or entity providing a wire, oral, or 988 electronic communications service, including through cellular 989 phones, microphone-enabled household devices, or portable 990 electronic communication devices; 991 (b) By a user of a wire, oral, or electronic communications 992 service, including through cellular phones, microphone-enabled 993 household devices, or portable electronic communication devices, 994 with respect to a communication of or intended for that user;or995 (c) In s. 934.09, s. 934.23, or s. 934.24; 996 (d) In chapter 933; or 997 (e) For accessing for a legitimate business purpose 998 information that is not personally identifiable or that has been 999 collected in a way that prevents identification of the user of 1000 the device. 1001 Section 11. Section 934.42, Florida Statutes, is amended to 1002 read: 1003 934.42 Mobile tracking device and location tracking 1004 authorization.— 1005 (1) As used in this section, the term: 1006 (a) “Mobile tracking device” means an electronic or 1007 mechanical device that tracks the movement of a person or an 1008 object. 1009 (b) “Real-time location tracking” means the: 1010 1. Installation and use of a mobile tracking device on the 1011 object to be tracked; 1012 2. Acquisition of real-time cell-site location data; or 1013 3. Acquisition of real-time precise global positioning 1014 system location data. 1015 (c) “Historical location data” means historical precise 1016 global positioning system location data in the possession of a 1017 provider. 1018 (2)(1)An investigative or law enforcement officer may make 1019 application to a judge of competent jurisdiction for a search 1020 warrantan orderauthorizing or approving real-time location 1021 tracking or the acquisition of historical location data in the 1022 possession of the providerthe installation and use of a mobile1023tracking device. 1024 (3)(2)An application under subsection (2)(1)of this1025sectionmust include: 1026 (a) A statement of the identity of the applicant and the 1027 identity of the law enforcement agency conducting the 1028 investigation. 1029 (b) A statement setting forth a reasonable period of time 1030 the mobile tracking device may be used or the location data may 1031 be obtained in real time, not to exceed 45 days from the date on 1032 which the search warrant is issued. The court may, for good 1033 cause, grant one or more extensions for a reasonable period of 1034 time, not to exceed 45 days each. When seeking historical 1035 location data, the applicant must specify a date range for the 1036 data soughtcertification by the applicant that the information1037likely to be obtained is relevant to an ongoing criminal1038investigation being conducted by the investigating agency. 1039 (c) A statement of the offense to which the information 1040 likely to be obtained relates. 1041 (d) A statement as to whether it may be necessary to use 1042 and monitor the mobile tracking device outside the jurisdiction 1043 of the court from which authorization is being sought. 1044 (4)(3)Upon application made as provided under subsection 1045 (3)(2), the court, if it finds probable causethat the1046certificationand finds that the statements required by 1047 subsection (3)(2)have been made in the application, must grant 1048 a search warrantshallenter anex parteorderauthorizing real 1049 time location tracking or the acquisition of historical location 1050 datathe installation and use of a mobile tracking device. Such 1051 search warrantordermay authorize the location trackinguse of1052the devicewithin the jurisdiction of the court and outside that 1053 jurisdiction but within the State of Florida if the location 1054 trackingdeviceis initiatedinstalledwithin the jurisdiction 1055 of the court. The search warrant must command the investigative 1056 or law enforcement officer to complete any initiation of the 1057 location tracking or execution of the search warrant for 1058 historical location data authorized by the search warrant within 1059 a specified period of time not to exceed 10 calendar days. 1060 (5)(4)A court may not require greater specificity or 1061 additional information beyond that which is required by law and 1062 this section as a requisite for issuing a search warrantan1063order. 1064 (6) Within 10 days after the time period specified in 1065 paragraph (3)(b) has ended, the investigative or law enforcement 1066 officer executing a search warrant must return the search 1067 warrant to the issuing judge. When the search warrant is 1068 authorizing the acquisition of historical location data, the 1069 investigative or law enforcement officer executing the search 1070 warrant must return the search warrant to the issuing judge 1071 within 10 days after receipt of the records. The investigative 1072 or law enforcement officer may do so by reliable electronic 1073 means. 1074 (7) Within 10 days after the time period specified in 1075 paragraph (3)(b) has ended, the investigative or law enforcement 1076 officer executing a search warrant must serve a copy of the 1077 search warrant on the person who, or whose property, was 1078 tracked. When the search warrant is authorizing the acquisition 1079 of historical location data, the investigative or law 1080 enforcement officer executing the search warrant must serve a 1081 copy of the search warrant on the person whose data was obtained 1082 within 10 days after receipt of the records. Service may be 1083 accomplished by delivering a copy to the person who, or whose 1084 property, was tracked or whose data was obtained or by leaving a 1085 copy at the person’s residence or usual place of abode with an 1086 individual of suitable age and discretion who resides at that 1087 location and by mailing a copy to the person’s last known 1088 address. Upon a showing of good cause to a court of competent 1089 jurisdiction, the court may grant one or more postponements of 1090 this notice for a period of 90 days each. 1091 (8)(5)The standards established by Florida courts and the 1092 United States Supreme Court for the installation, use, orand1093 monitoring of mobile tracking devices and the acquisition of 1094 location data shall apply to the installation, use, or 1095 monitoringand useof any device and the acquisition of location 1096 data as authorized by this section. 1097(6) As used in this section, a “tracking device” means an1098electronic or mechanical device which permits the tracking of1099the movement of a person or object.1100 (9)(a) Notwithstanding any other provision of this chapter, 1101 any investigative or law enforcement officer specially 1102 designated by the Governor, the Attorney General, the statewide 1103 prosecutor, or a state attorney acting pursuant to this chapter 1104 who reasonably determines that: 1105 1. An emergency exists which: 1106 a. Involves immediate danger of death or serious physical 1107 injury to any person or the danger of escape of a prisoner; and 1108 b. Requires real-time location tracking before a search 1109 warrant authorizing such tracking can, with due diligence, be 1110 obtained; and 1111 2. There are grounds upon which a search warrant could be 1112 issued under this chapter to authorize such tracking, 1113 1114 may engage in real-time location tracking if, within 48 hours 1115 after the tracking has occurred or begins to occur, a search 1116 warrant approving the tracking is issued in accordance with this 1117 section. 1118 (b) In the absence of an authorizing search warrant, such 1119 tracking must immediately terminate when the information sought 1120 is obtained, when the application for the search warrant is 1121 denied, or when 48 hours have lapsed since the tracking began, 1122 whichever is earlier. 1123 Section 12. For the purpose of incorporating the amendments 1124 made by this act to sections 934.03 and 934.07, Florida 1125 Statutes, in a reference thereto, paragraph (b) of subsection 1126 (2) of section 934.22, Florida Statutes, is reenacted to read: 1127 934.22 Voluntary disclosure of customer communications or 1128 records.— 1129 (2) A provider described in subsection (1) may divulge the 1130 contents of a communication: 1131 (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07, 1132 or s. 934.23. 1133 Section 13. For the purpose of incorporating the amendments 1134 made by this act to sections 934.09 and 934.21, Florida 1135 Statutes, in references thereto, subsections (1) and (4) of 1136 section 934.27, Florida Statutes, are reenacted to read: 1137 934.27 Civil action: relief; damages; defenses.— 1138 (1) Except as provided in s. 934.23(5), any provider of 1139 electronic communication service, or subscriber or customer 1140 thereof, aggrieved by any violation of ss. 934.21-934.28 in 1141 which the conduct constituting the violation is engaged in with 1142 a knowing or intentional state of mind may, in a civil action, 1143 recover from the person or entity which engaged in that 1144 violation such relief as is appropriate. 1145 (4) A good faith reliance on any of the following is a 1146 complete defense to any civil or criminal action brought under 1147 ss. 934.21-934.28: 1148 (a) A court warrant or order, a subpoena, or a statutory 1149 authorization, including, but not limited to, a request of an 1150 investigative or law enforcement officer to preserve records or 1151 other evidence, as provided in s. 934.23(7). 1152 (b) A request of an investigative or law enforcement 1153 officer under s. 934.09(7). 1154 (c) A good faith determination that s. 934.03(3) permitted 1155 the conduct complained of. 1156 Section 14. For the purpose of incorporating the amendment 1157 made by this act to section 934.21, Florida Statutes, in a 1158 reference thereto, subsection (6) of section 934.23, Florida 1159 Statutes, is reenacted to read: 1160 934.23 Required disclosure of customer communications or 1161 records.— 1162 (6) No cause of action shall lie in any court against any 1163 provider of wire or electronic communication service, its 1164 officers, employees, agents, or other specified persons for 1165 providing information, facilities, or assistance in accordance 1166 with the terms of a court order, warrant, subpoena, or 1167 certification under ss. 934.21-934.28. 1168 Section 15. For the purpose of incorporating the amendment 1169 made by this act to section 934.21, Florida Statutes, in 1170 references thereto, subsections (6) and (7) of section 934.24, 1171 Florida Statutes, are reenacted to read: 1172 934.24 Backup preservation; customer notification; 1173 challenges by customer.— 1174 (6) Within 14 days after notice by the investigative or law 1175 enforcement officer to the subscriber or customer under 1176 subsection (2), the subscriber or customer may file a motion to 1177 quash the subpoena or vacate the court order seeking contents of 1178 electronic communications, with copies served upon the 1179 investigative or law enforcement officer and with written notice 1180 of such challenge to the service provider. A motion to vacate a 1181 court order must be filed in the court which issued the order. A 1182 motion to quash a subpoena must be filed in the circuit court in 1183 the circuit from which the subpoena issued. Such motion or 1184 application must contain an affidavit or sworn statement: 1185 (a) Stating that the applicant is a subscriber or customer 1186 of the service from which the contents of electronic 1187 communications maintained for her or him have been sought, and 1188 (b) Stating the applicant’s reasons for believing that the 1189 records sought are not relevant to a legitimate law enforcement 1190 inquiry or that there has not been substantial compliance with 1191 the provisions of ss. 934.21-934.28 in some other respect. 1192 (7) Except as otherwise obtained under paragraph (3)(a), 1193 service must be made under this section upon an investigative or 1194 law enforcement officer by delivering or mailing by registered 1195 or certified mail a copy of the papers to the person, office, or 1196 department specified in the notice which the subscriber or 1197 customer has received pursuant to ss. 934.21-934.28. For the 1198 purposes of this subsection, the term “delivering” shall be 1199 construed in accordance with the definition of “delivery” as 1200 provided in Rule 1.080, Florida Rules of Civil Procedure. 1201 Section 16. For the purpose of incorporating the amendment 1202 made by this act to section 934.21, Florida Statutes, in a 1203 reference thereto, subsection (5) of section 934.25, Florida 1204 Statutes, is reenacted to read: 1205 934.25 Delayed notice.— 1206 (5) Upon the expiration of the period of delay of 1207 notification under subsection (1) or subsection (4), the 1208 investigative or law enforcement officer must serve upon or 1209 deliver by registered or first-class mail to the subscriber or 1210 customer a copy of the process or request together with notice 1211 which: 1212 (a) States with reasonable specificity the nature of the 1213 law enforcement inquiry, and 1214 (b) Informs the subscriber or customer: 1215 1. That information maintained for such subscriber or 1216 customer by the service provider named in the process or request 1217 was supplied to or requested by the investigative or law 1218 enforcement officer and the date on which such information was 1219 so supplied or requested. 1220 2. That notification of such subscriber or customer was 1221 delayed. 1222 3. What investigative or law enforcement officer or what 1223 court made the certification or determination pursuant to which 1224 that delay was made. 1225 4. Which provision of ss. 934.21-934.28 allowed such delay. 1226 Section 17. For the purpose of incorporating the amendment 1227 made by this act to section 934.21, Florida Statutes, in a 1228 reference thereto, section 934.28, Florida Statutes, is 1229 reenacted to read: 1230 934.28 Exclusivity of remedies and sanctions.—The remedies 1231 and sanctions described in ss. 934.21-934.27 are the only 1232 judicial remedies and sanctions for violation of those sections. 1233 Section 18. This act shall take effect July 1, 2020.