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.; or
  160         (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,
  186  and oral, 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, and oral, 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, and
  196  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, or oral, 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,
  207  and oral, 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. A court order directing such assistance signed by the
  298  authorizing judge; or
  299         b. A certification 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  warrant furnished an order under this section and ss. 934.04
  314  934.09, 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 warrant court order under this section and ss. 934.04
  325  934.09.
  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; exceptions exception.—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 law grant in conformity
  499  with ss. 934.03-934.09 an order authorizing 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 warrant order, 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 warrant an order
  565  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 warrant an order should 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  warrant an 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  warrant enter an ex parte order, 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 warrant order authorizing 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 warrant An order authorizing 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 warrant an order may 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 warrant order.
  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 warrant order entered 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 warrant order
  683  or 10 days after the search warrant is approved order is
  684  entered, whichever occurs earlier. Extensions of a search
  685  warrant an order may 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 warrant order
  691  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 warrant an order authorizing
  707  interception is granted entered pursuant to ss. 934.03-934.09,
  708  the search warrant order may require reports to be made to the
  709  judge who issued the search warrant order showing 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 warrant an order authorizing such
  725  interception can, with due diligence, be obtained; and
  726         (b) There are grounds upon which a search warrant an order
  727  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 warrant an order approving 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 warrant an order, such interception
  735  shall immediately terminate when the communication sought is
  736  obtained or when the application for the search warrant order is
  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 warrant an order having 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 warrant order, or extensions thereof, such
  753  recordings shall be made available to the judge approving the
  754  search warrant issuing such order and 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 warrants orders granted
  769  under ss. 934.03-934.09 shall be sealed by the judge. Custody of
  770  the applications and search warrants orders shall be wherever
  771  the judge directs. As required by federal law, such applications
  772  and search warrants orders shall 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 warrant an order
  781  or extensions thereof, the issuing or denying judge shall cause
  782  to be served on the persons named in the search warrant order or
  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 warrant entry of
  788  the order or the application.
  789         2. The date of the approval of the search warrant entry and
  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  warrants orders as 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
  808  court order and 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) An Any aggrieved 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 warrant order of authorization or approval
  822  under which it was intercepted is insufficient on its face; or
  823         3. The interception was not made in conformity with the
  824  search warrant order 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 warrant an order of approval if 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 warrant order authorizing 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  
  888  Consistent with this paragraph, a judge of competent
  889  jurisdiction may authorize interception within this state,
  890  whether the interception is within or outside the court’s
  891  jurisdiction, if the application for the interception makes a
  892  showing that some activity or conspiracy believed to be related
  893  to, or in furtherance of, the criminal predicate for the
  894  requested interception has occurred or will likely occur, or the
  895  communication to be intercepted or expected to be intercepted is
  896  occurring or will likely occur, in whole or in part, within the
  897  jurisdiction 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 warrant order. A provider
  903  of wire or electronic communications service that has received a
  904  search warrant an order as provided under paragraph (11)(b) may
  905  petition the court to modify or quash the search warrant order
  906  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 warrant court order, subpoena, or legislative
  945  authorization as 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), authorized permitted the
  950  conduct complained of
  951  
  952  shall constitute a complete defense to any civil or criminal, or
  953  administrative action arising out of such conduct under the laws
  954  of 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 person is:
  975         1. In the case of a first offense under this subsection,
  976  commits guilty of a 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, commits guilty of a 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 commits is guilty of a
  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; or
  995         (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  warrant an order authorizing or approving real-time location
 1021  tracking or the acquisition of historical location data in the
 1022  possession of the provider the installation and use of a mobile
 1023  tracking device.
 1024         (3)(2) An application under subsection (2) (1) of this
 1025  section must 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 sought certification by the applicant that the information
 1037  likely to be obtained is relevant to an ongoing criminal
 1038  investigation 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 cause that the
 1046  certification and finds that the statements required by
 1047  subsection (3) (2) have been made in the application, must grant
 1048  a search warrant shall enter an ex parte order authorizing real
 1049  time location tracking or the acquisition of historical location
 1050  data the installation and use of a mobile tracking device. Such
 1051  search warrant order may authorize the location tracking use of
 1052  the device within the jurisdiction of the court and outside that
 1053  jurisdiction but within the State of Florida if the location
 1054  tracking device is initiated installed within 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 warrant an
 1063  order.
 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, or and
 1093  monitoring of mobile tracking devices and the acquisition of
 1094  location data shall apply to the installation, use, or
 1095  monitoring and use of 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 an
 1098  electronic or mechanical device which permits the tracking of
 1099  the 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.