Bill Text: FL S0916 | 2022 | Regular Session | Introduced


Bill Title: Searches of Cellular Phones and Other Electronic Devices

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-11-30 - Referred to Judiciary; Criminal Justice; Rules [S0916 Detail]

Download: Florida-2022-S0916-Introduced.html
       Florida Senate - 2022                                     SB 916
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00066-22                                            2022916__
    1                        A bill to be entitled                      
    2         An act relating to searches of cellular phones and
    3         other electronic devices; amending s. 933.02, F.S.;
    4         expanding the grounds for issuance of a search warrant
    5         to include content held within a cellular phone,
    6         portable electronic communication device, or
    7         microphone-enabled household device when such content
    8         constitutes evidence relevant to proving that a felony
    9         has been committed; amending s. 933.04, F.S.; adopting
   10         the constitutional protection against unreasonable
   11         interception of private communications by any means
   12         for purposes of obtaining a search warrant; amending
   13         s. 934.01, F.S.; revising and providing legislative
   14         findings; amending s. 934.02, F.S.; redefining the
   15         terms “oral communication” and “electronic
   16         communication”; defining the terms “microphone-enabled
   17         household device” and “portable electronic
   18         communication device”; amending s. 934.03, F.S.;
   19         authorizing specified persons to provide information,
   20         facilities, or technical assistance to a person
   21         authorized by law to intercept wire, oral, or
   22         electronic communications if such person has been
   23         provided with a search warrant issued by a judge of
   24         competent jurisdiction; prohibiting specified persons
   25         from disclosing the existence of any interception of a
   26         wire, oral, or electronic communication with respect
   27         to which the person has been served with a search
   28         warrant, rather than a court order; amending s.
   29         934.06, F.S.; prohibiting the use of certain
   30         communication content obtained without a search
   31         warrant supported by probable cause in any trial,
   32         hearing, or other proceeding; providing an exception;
   33         amending s. 934.07, F.S.; authorizing a judge to issue
   34         a search warrant, rather than grant a court order, in
   35         conformity with specified provisions; authorizing the
   36         Department of Law Enforcement to request a law
   37         enforcement agency that provided certain information
   38         to join the department in seeking a new search
   39         warrant; amending s. 934.09, F.S.; requiring that each
   40         application for a search warrant, rather than an
   41         order, authorizing or approving the interception of
   42         wire, oral, or electronic communications be made in
   43         writing and state the applicant’s authority; revising
   44         the required information that each application for a
   45         search warrant must include; authorizing a judge,
   46         under certain circumstances, to authorize a search
   47         warrant ex parte, rather than an ex parte order, based
   48         on the application; specifying requirements for such
   49         search warrants; authorizing an aggrieved person to
   50         move to suppress the contents of certain wire, oral,
   51         or electronic communications before, as well as
   52         during, a trial, hearing, or proceeding; providing for
   53         inadmissibility of certain evidence if a certain
   54         motion is granted; authorizing a judge of competent
   55         jurisdiction to authorize interception within this
   56         state under specified circumstances; amending s.
   57         934.10, F.S.; providing that a good faith reliance on
   58         a search warrant, rather than a court order, subpoena,
   59         or legislative authorization, issued under certain
   60         provisions constitutes a complete defense against
   61         specified actions; making technical changes; amending
   62         s. 934.21, F.S.; revising the exceptions to conduct
   63         that constitutes unlawful access to stored
   64         communications; conforming a provision to changes made
   65         by the act; amending s. 934.42, F.S.; defining the
   66         terms “historical location data,” “mobile tracking
   67         device,” and “real-time location tracking”;
   68         authorizing an investigative or law enforcement
   69         officer to apply to a judge of competent jurisdiction
   70         for a search warrant, rather than an order,
   71         authorizing real-time location tracking or acquisition
   72         of historical location data; requiring an application
   73         for a search warrant to include a statement setting
   74         forth a reasonable period of time during which the
   75         mobile tracking device may be used or the location
   76         data may be obtained in real time, not to exceed a
   77         specified limit; authorizing a court to grant, for
   78         good cause, extensions that do not individually exceed
   79         a specified limit; requiring an applicant seeking
   80         historical location data to specify a date range for
   81         the data sought; deleting a provision requiring a
   82         certification to be included in the application;
   83         requiring the court, if it finds probable cause and
   84         that the application contains the required statements,
   85         to grant a search warrant ex parte rather than
   86         entering an ex parte order; specifying that the search
   87         warrant may authorize real-time location tracking or
   88         acquisition of historical location data; providing
   89         that the search warrant may authorize specified
   90         location tracking; requiring the search warrant to
   91         command the investigative or law enforcement officer
   92         to complete any initiation of the location tracking or
   93         execution of the search warrant for historical
   94         location data authorized by the search warrant within
   95         a certain timeframe; providing requirements for the
   96         return of the search warrant to the judge and for
   97         service of a copy of the search warrant on the person
   98         who was tracked or whose property was tracked;
   99         providing requirements for returning and serving a
  100         search warrant authorizing the acquisition of
  101         historical location data; authorizing a court, for
  102         good cause, to postpone the notice requirement for a
  103         specified period of time; requiring that the standards
  104         established by Florida courts for the installation,
  105         use, or monitoring of mobile tracking devices and the
  106         acquisition of location data apply to the
  107         installation, use, or monitoring of any device and the
  108         acquisition of location data as authorized by certain
  109         provisions; deleting the definition of the term
  110         “tracking device”; authorizing any investigative or
  111         law enforcement officer who is specially designated by
  112         certain persons and who makes specified determinations
  113         to engage in real-time location tracking if a search
  114         warrant is obtained, as specified, after the tracking
  115         has occurred or begins to occur; specifying when real
  116         time location tracking must terminate; reenacting s.
  117         934.22(2)(b), F.S., relating to voluntary disclosure
  118         of customer communications or records, to incorporate
  119         the amendments made to ss. 934.03 and 934.07, F.S., in
  120         references thereto; reenacting s. 934.27(1) and (4),
  121         F.S., relating to relief, damages, and defenses for
  122         certain civil actions, to incorporate the amendments
  123         made to ss. 934.09 and 934.21, F.S., in references
  124         thereto; reenacting ss. 934.23(6), 934.24(6) and (7),
  125         934.25(5), and 934.28, F.S., relating to required
  126         disclosures of customer communications or records, a
  127         subscriber or customer filing a motion for certain
  128         relief and customer notification, delayed notice, and
  129         the exclusivity of remedies and sanctions for certain
  130         violations, respectively, to incorporate the amendment
  131         made to s. 934.21, F.S., in references thereto;
  132         providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Section 933.02, Florida Statutes, is amended to
  137  read:
  138         933.02 Grounds for issuance of search warrant.—Upon proper
  139  affidavits being made, a search warrant may be issued under the
  140  provisions of this chapter upon any of the following grounds:
  141         (1) When the property shall have been stolen or embezzled
  142  in violation of law.;
  143         (2) When any property shall have been used:
  144         (a) As a means to commit any crime;
  145         (b) In connection with gambling, gambling implements and
  146  appliances; or
  147         (c) In violation of s. 847.011 or other laws in reference
  148  to obscene prints and literature.;
  149         (3) When any property, or when content held within a
  150  cellular phone, a portable electronic communication device as
  151  defined in s. 934.02(28), or a microphone-enabled household
  152  device as defined in s. 934.02(27), constitutes evidence
  153  relevant to proving that a felony has been committed.;
  154         (4) When any property is being held or possessed:
  155         (a) In violation of any of the laws prohibiting the
  156  manufacture, sale, and transportation of intoxicating liquors;
  157         (b) In violation of the fish and game laws;
  158         (c) In violation of the laws relative to food and drug; or
  159         (d) In violation of the laws relative to citrus disease
  160  pursuant to s. 581.184.; or
  161         (5) When the laws in relation to cruelty to animals, as
  162  provided in chapter 828, have been or are violated in any
  163  particular building or place.
  164  
  165  This section also applies to any papers or documents used as a
  166  means of or in aid of the commission of any offense against the
  167  laws of the state.
  168         Section 2. Section 933.04, Florida Statutes, is amended to
  169  read:
  170         933.04 Affidavits.—The right of the people to be secure in
  171  their persons, houses, papers, and effects against unreasonable
  172  seizures and searches and against the unreasonable interception
  173  of private communications by any means may shall not be violated
  174  and a no search warrant may not shall be issued except upon
  175  probable cause, supported by oath or affirmation particularly
  176  describing the place to be searched and the person and thing to
  177  be seized.
  178         Section 3. Section 934.01, Florida Statutes, is amended to
  179  read:
  180         934.01 Legislative findings.—On the basis of its own
  181  investigations and of published studies, the Legislature makes
  182  the following findings:
  183         (1) Wire communications are normally conducted through the
  184  use of facilities which form part of an intrastate network. The
  185  same facilities are used for interstate and intrastate
  186  communications.
  187         (2) In order to protect effectively the privacy of wire,
  188  and oral, and electronic communications, to protect the
  189  integrity of court and administrative proceedings, and to
  190  prevent the obstruction of intrastate commerce, it is necessary
  191  for the Legislature to define the circumstances and conditions
  192  under which the interception of wire, and oral, and electronic
  193  communications may be authorized and to prohibit any
  194  unauthorized interception of such communications and the use of
  195  the contents thereof in evidence in courts and administrative
  196  proceedings.
  197         (3) Organized criminals make extensive use of wire, and
  198  oral, and electronic communications in their criminal
  199  activities. The interception of such communications to obtain
  200  evidence of the commission of crimes or to prevent their
  201  commission is an indispensable aid to law enforcement and the
  202  administration of justice.
  203         (4) To safeguard the privacy of innocent persons, the
  204  interception of wire, or oral, or electronic communications when
  205  none of the parties to the communication has consented to the
  206  interception should be allowed only when authorized by a court
  207  of competent jurisdiction and should remain under the control
  208  and supervision of the authorizing court. Interception of wire,
  209  and oral, and electronic communications should further be
  210  limited to certain major types of offenses and specific
  211  categories of crime with assurance that the interception is
  212  justified and that the information obtained thereby will not be
  213  misused.
  214         (5)To safeguard the privacy of innocent persons, the
  215  Legislature recognizes the subjective expectation of privacy in
  216  real-time cell-site location data, real-time precise global
  217  positioning system location data, and historical precise global
  218  positioning system location data, which society is now prepared
  219  to accept is objectively reasonable. As such, the law
  220  enforcement collection of the precise location of a person,
  221  cellular phone, or portable electronic communication device
  222  without the consent of the person or owner of the cellular phone
  223  or portable electronic communication device should be allowed
  224  only when authorized by a search warrant issued by a court of
  225  competent jurisdiction and should remain under the control and
  226  supervision of the authorizing court.
  227         (6) The Legislature recognizes that the use of portable
  228  electronic communication devices is growing at a rapidly
  229  increasing rate. These devices can store, and encourage the
  230  storing of, an almost limitless amount of personal and private
  231  information. Often linked to the Internet, these devices are
  232  commonly used to access personal and business information and
  233  databases in computers and servers that can be located anywhere
  234  in the world. The user of a portable electronic communication
  235  device has a reasonable and justifiable expectation of privacy
  236  in the information that these devices contain.
  237         (7) The Legislature recognizes that the use of household
  238  electronic devices, including microphone-enabled household
  239  devices, is growing rapidly. These devices often contain
  240  microphones that listen for and respond to environmental cues.
  241  These household devices are generally connected to and
  242  communicate through the Internet, resulting in the storage of
  243  and accessibility to daily household information in the device
  244  itself or at a remote computing service. Persons should not have
  245  to choose between using household technological enhancements and
  246  conveniences or preserving the right to privacy in their own
  247  homes.
  248         Section 4. Subsections (2) and (12) of section 934.02,
  249  Florida Statutes, are amended, and subsections (27) and (28) are
  250  added to that section, to read:
  251         934.02 Definitions.—As used in this chapter:
  252         (2) “Oral communication” means any oral communication
  253  uttered by a person exhibiting an expectation that such
  254  communication is not subject to interception under circumstances
  255  justifying such expectation, including the use of a microphone
  256  enabled household device, and does not mean any public oral
  257  communication uttered at a public meeting or any electronic
  258  communication.
  259         (12) “Electronic communication” means any transfer of
  260  signs, signals, writing, images, sounds, data, or intelligence
  261  of any nature transmitted in whole or in part by a wire, a
  262  radio, a communication tower, a satellite, or an
  263  electromagnetic, a photoelectronic, or a photooptical system
  264  which that affects intrastate, interstate, or foreign commerce,
  265  but does not include:
  266         (a) Any wire or oral communication;
  267         (b) Any communication made through a tone-only paging
  268  device; or
  269         (c) Any communication from an electronic or mechanical
  270  device which permits the tracking of the movement of a person or
  271  an object; or
  272         (d) Electronic funds transfer information stored by a
  273  financial institution in a communications system used for the
  274  electronic storage and transfer of funds.
  275         (27) “Microphone-enabled household device” means a device,
  276  a sensor, or another physical object within a residence which:
  277         (a) Is capable of connecting to the Internet, directly or
  278  indirectly, or to another connected device;
  279         (b) Is capable of creating, receiving, accessing,
  280  processing, or storing electronic data or communications;
  281         (c) Communicates with, by any means, another device,
  282  entity, or individual; and
  283         (d) Contains a microphone designed to listen for and
  284  respond to environmental cues.
  285         (28) “Portable electronic communication device” means an
  286  object that may be easily transported or conveyed by a person;
  287  is capable of creating, receiving, accessing, processing, or
  288  storing electronic data or communications; and communicates
  289  with, by any means, another device, entity, or individual.
  290         Section 5. Subsection (2) of section 934.03, Florida
  291  Statutes, is amended to read:
  292         934.03 Interception and disclosure of wire, oral, or
  293  electronic communications prohibited.—
  294         (2)(a)1. It is lawful under this section and ss. 934.04
  295  934.09 for an operator of a switchboard, or an officer,
  296  employee, or agent of a provider of wire or electronic
  297  communication service whose facilities are used in the
  298  transmission of a wire or electronic communication, to
  299  intercept, disclose, or use that communication in the normal
  300  course of his or her employment while engaged in any activity
  301  which is a necessary incident to the rendition of his or her
  302  service or to the protection of the rights or property of the
  303  provider of that service, except that a provider of wire
  304  communication service to the public may not use shall not
  305  utilize service observing or random monitoring except for
  306  mechanical or service quality control checks.
  307         2. Notwithstanding any other law, a provider of wire, oral,
  308  or electronic communication service, or an officer, employee, or
  309  agent thereof, or landlord, custodian, or other person, may
  310  provide information, facilities, or technical assistance to a
  311  person authorized by law to intercept wire, oral, or electronic
  312  communications if such provider, or an officer, employee, or
  313  agent thereof, or landlord, custodian, or other person, has been
  314  provided with:
  315         a. A court order directing such assistance signed by the
  316  authorizing judge; or
  317         b. A certification in writing by a person specified in s.
  318  934.09(7) that a search no warrant or court order is not
  319  required by law, that all statutory requirements have been met,
  320  and that the specified assistance is required, setting forth the
  321  period of time during which the provision of the information,
  322  facilities, or technical assistance is authorized and specifying
  323  the information, facilities, or technical assistance required;
  324  or
  325         b. A search warrant issued by a judge of competent
  326  jurisdiction as required by law.
  327         3. A provider of wire, oral, or electronic communication
  328  service, or an officer, employee, or agent thereof, or landlord,
  329  custodian, or other person may not disclose the existence of any
  330  interception or the device used to accomplish the interception
  331  with respect to which the person has been served with a search
  332  warrant furnished an order under this section and ss. 934.04
  333  934.09, except as may otherwise be required by legal process and
  334  then only after prior notice to the Governor, the Attorney
  335  General, the statewide prosecutor, or a state attorney, as may
  336  be appropriate. Any such disclosure renders such person liable
  337  for the civil damages provided under s. 934.10, and such person
  338  may be prosecuted under s. 934.43. An action may not be brought
  339  against any provider of wire, oral, or electronic communication
  340  service, or an officer, employee, or agent thereof, or landlord,
  341  custodian, or other person for providing information,
  342  facilities, or assistance in accordance with the terms of a
  343  search warrant court order under this section and ss. 934.04
  344  934.09.
  345         (b) It is lawful under this section and ss. 934.04-934.09
  346  for an officer, employee, or agent of the Federal Communications
  347  Commission, in the normal course of his or her employment and in
  348  discharge of the monitoring responsibilities exercised by the
  349  commission in the enforcement of 47 U.S.C. chapter 5, to
  350  intercept a wire, oral, or electronic communication transmitted
  351  by radio or to disclose or use the information thereby obtained.
  352         (c) It is lawful under this section and ss. 934.04-934.09
  353  for an investigative or law enforcement officer or a person
  354  acting under the direction of an investigative or law
  355  enforcement officer to intercept a wire, oral, or electronic
  356  communication when such person is a party to the communication
  357  or one of the parties to the communication has given prior
  358  consent to such interception and the purpose of such
  359  interception is to obtain evidence of a criminal act.
  360         (d) It is lawful under this section and ss. 934.04-934.09
  361  for a person to intercept a wire, oral, or electronic
  362  communication when all of the parties to the communication have
  363  given prior consent to such interception.
  364         (e) It is unlawful to intercept any wire, oral, or
  365  electronic communication for the purpose of committing any
  366  criminal act.
  367         (f) It is lawful under this section and ss. 934.04-934.09
  368  for an employee of a telephone company to intercept a wire
  369  communication for the sole purpose of tracing the origin of such
  370  communication when the interception is requested by the
  371  recipient of the communication and the recipient alleges that
  372  the communication is obscene, harassing, or threatening in
  373  nature. The individual conducting the interception shall notify
  374  local police authorities within 48 hours after the time of the
  375  interception.
  376         (g) It is lawful under this section and ss. 934.04-934.09
  377  for an employee of:
  378         1. An ambulance service licensed pursuant to s. 401.25, a
  379  fire station employing firefighters as defined by s. 633.102, a
  380  public utility, a law enforcement agency as defined by s.
  381  934.02(10), or any other entity with published emergency
  382  telephone numbers;
  383         2. An agency operating an emergency telephone number “911”
  384  system established pursuant to s. 365.171; or
  385         3. The central abuse hotline operated under s. 39.101
  386  
  387  to intercept and record incoming wire communications; however,
  388  such employee may intercept and record incoming wire
  389  communications on designated “911” telephone numbers and
  390  published nonemergency telephone numbers staffed by trained
  391  dispatchers at public safety answering points only. It is also
  392  lawful for such employee to intercept and record outgoing wire
  393  communications to the numbers from which such incoming wire
  394  communications were placed when necessary to obtain information
  395  required to provide the emergency services being requested. For
  396  the purpose of this paragraph, the term “public utility” has the
  397  same meaning as provided in s. 366.02 and includes a person,
  398  partnership, association, or corporation now or hereafter owning
  399  or operating equipment or facilities in the state for conveying
  400  or transmitting messages or communications by telephone or
  401  telegraph to the public for compensation.
  402         (h) It is lawful shall not be unlawful under this section
  403  and ss. 934.04-934.09 for any person:
  404         1. To intercept or access an electronic communication made
  405  through an electronic communication system that is configured so
  406  that such electronic communication is readily accessible to the
  407  general public.
  408         2. To intercept any radio communication that which is
  409  transmitted:
  410         a. By any station for the use of the general public, or
  411  that relates to ships, aircraft, vehicles, or persons in
  412  distress;
  413         b. By any governmental, law enforcement, civil defense,
  414  private land mobile, or public safety communications system,
  415  including any police or fire communications system, readily
  416  accessible to the general public;
  417         c. By a station operating on an authorized frequency within
  418  the bands allocated to the amateur, citizens band, or general
  419  mobile radio services; or
  420         d. By any marine or aeronautical communications system.
  421         3. To engage in any conduct that which:
  422         a. Is prohibited by s. 633 of the Communications Act of
  423  1934; or
  424         b. Is excepted from the application of s. 705(a) of the
  425  Communications Act of 1934 by s. 705(b) of that act.
  426         4. To intercept any wire or electronic communication the
  427  transmission of which is causing harmful interference to any
  428  lawfully operating station of consumer electronic equipment to
  429  the extent necessary to identify the source of such
  430  interference.
  431         5. To intercept, if such person is another user of the same
  432  frequency, any radio communication that is not scrambled or
  433  encrypted made through a system that utilizes frequencies
  434  monitored by individuals engaged in the provision or the use of
  435  such system.
  436         6. To intercept a satellite transmission that is not
  437  scrambled or encrypted and that is transmitted:
  438         a. To a broadcasting station for purposes of retransmission
  439  to the general public; or
  440         b. As an audio subcarrier intended for redistribution to
  441  facilities open to the public, but not including data
  442  transmissions or telephone calls, when such interception is not
  443  for the purposes of direct or indirect commercial advantage or
  444  private financial gain.
  445         7. To intercept and privately view a private satellite
  446  video communication that is not scrambled or encrypted or to
  447  intercept a radio communication that is transmitted on
  448  frequencies allocated under subpart D of part 74 of the rules of
  449  the Federal Communications Commission that is not scrambled or
  450  encrypted, if such interception is not for a tortious or illegal
  451  purpose or for purposes of direct or indirect commercial
  452  advantage or private commercial gain.
  453         (i) It is lawful shall not be unlawful under this section
  454  and ss. 934.04-934.09:
  455         1. To use a pen register or a trap and trace device as
  456  authorized under ss. 934.31-934.34 or under federal law; or
  457         2. For a provider of electronic communication service to
  458  record the fact that a wire or electronic communication was
  459  initiated or completed in order to protect such provider,
  460  another provider furnishing service toward the completion of the
  461  wire or electronic communication, or a user of that service,
  462  from fraudulent, unlawful, or abusive use of such service.
  463         (j) It is lawful not unlawful under this section and ss.
  464  934.04-934.09 for a person acting under color of law to
  465  intercept the wire or electronic communications of a computer
  466  trespasser which are transmitted to, through, or from a
  467  protected computer if:
  468         1. The owner or operator of the protected computer
  469  authorizes the interception of the communications of the
  470  computer trespasser;
  471         2. The person acting under color of law is lawfully engaged
  472  in an investigation;
  473         3. The person acting under color of law has reasonable
  474  grounds to believe that the contents of the communications of
  475  the computer trespasser will be relevant to the investigation;
  476  and
  477         4. The interception does not acquire communications other
  478  than those transmitted to, through, or from the computer
  479  trespasser.
  480         (k) It is lawful under this section and ss. 934.04-934.09
  481  for a child under 18 years of age to intercept and record an
  482  oral communication if the child is a party to the communication
  483  and has reasonable grounds to believe that recording the
  484  communication will capture a statement by another party to the
  485  communication that the other party intends to commit, is
  486  committing, or has committed an unlawful sexual act or an
  487  unlawful act of physical force or violence against the child.
  488         (l) It is lawful under this section and ss. 934.04-934.09
  489  for a person who is protected under an active temporary or final
  490  injunction for repeat violence, sexual violence, or dating
  491  violence under s. 784.046; stalking under s. 784.0485; domestic
  492  violence under s. 741.30; or any other court-imposed prohibition
  493  of conduct toward the person to intercept and record a wire,
  494  oral, or electronic communication received in violation of such
  495  injunction or court order. A recording authorized under this
  496  paragraph may be provided to a law enforcement agency, an
  497  attorney, or a court for the purpose of evidencing a violation
  498  of an injunction or court order if the subject of the injunction
  499  or court order prohibiting contact has been served the
  500  injunction or is on notice that the conduct is prohibited. A
  501  recording authorized under this paragraph may not be otherwise
  502  disseminated or shared.
  503         Section 6. Section 934.06, Florida Statutes, is amended to
  504  read:
  505         934.06 Prohibition of use as evidence of intercepted wire
  506  or oral communications; content of cellular phone, microphone
  507  enabled household device, or portable electronic communication
  508  device; exceptions exception.—Whenever any wire or oral
  509  communication has been intercepted, or when the content of a
  510  cellular phone, microphone-enabled household device, or portable
  511  electronic communication device is obtained without a search
  512  warrant supported by probable cause, no part of the contents of
  513  such communication or content and no evidence derived therefrom
  514  may be received in evidence in any trial, hearing, or other
  515  proceeding in or before any court, grand jury, department,
  516  officer, agency, regulatory body, legislative committee, or
  517  other authority of the state, or a political subdivision
  518  thereof, if the disclosure of that information would be in
  519  violation of this chapter. The prohibition of use as evidence
  520  provided in this section does not apply in cases of prosecution
  521  for criminal interception in violation of the provisions of this
  522  chapter, or in cases in which the content of a cellular phone,
  523  microphone-enabled household device, or portable electronic
  524  communication device is lawfully obtained under circumstances in
  525  which a search warrant is not required.
  526         Section 7. Subsections (1) and (2) of section 934.07,
  527  Florida Statutes, are amended to read:
  528         934.07 Authorization for interception of wire, oral, or
  529  electronic communications.—
  530         (1) The Governor, the Attorney General, the statewide
  531  prosecutor, or any state attorney may authorize an application
  532  to a judge of competent jurisdiction for, and such judge may
  533  issue a search warrant as required by law grant in conformity
  534  with ss. 934.03-934.09 an order authorizing or approving the
  535  interception of, wire, oral, or electronic communications by:
  536         (a) The Department of Law Enforcement or any law
  537  enforcement agency as defined in s. 934.02 having responsibility
  538  for the investigation of the offense as to which the application
  539  is made when such interception may provide or has provided
  540  evidence of the commission of the offense of murder, kidnapping,
  541  aircraft piracy, arson, gambling, robbery, burglary, theft,
  542  dealing in stolen property, criminal usury, bribery, or
  543  extortion; any felony violation of ss. 790.161-790.166,
  544  inclusive; any violation of s. 787.06; any violation of chapter
  545  893; any violation of the provisions of the Florida Anti-Fencing
  546  Act; any violation of chapter 895; any violation of chapter 896;
  547  any violation of chapter 815; any violation of chapter 847; any
  548  violation of s. 827.071; any violation of s. 944.40; or any
  549  conspiracy or solicitation to commit any violation of the laws
  550  of this state relating to the crimes specifically enumerated in
  551  this paragraph.
  552         (b) The Department of Law Enforcement, together with other
  553  assisting personnel as authorized and requested by the
  554  department under s. 934.09(5), for the investigation of the
  555  offense as to which the application is made when such
  556  interception may provide or has provided evidence of the
  557  commission of any offense that may be an act of terrorism or in
  558  furtherance of an act of terrorism or evidence of any conspiracy
  559  or solicitation to commit any such violation.
  560         (2)(a) If, during the course of an interception of
  561  communications by a law enforcement agency as authorized under
  562  paragraph (1)(a), the law enforcement agency finds that the
  563  intercepted communications may provide or have provided evidence
  564  of the commission of any offense that may be an act of terrorism
  565  or in furtherance of an act of terrorism, or evidence of any
  566  conspiracy or solicitation to commit any such violation, the law
  567  enforcement agency shall promptly notify the Department of Law
  568  Enforcement and apprise the department of the contents of the
  569  intercepted communications. The agency notifying the department
  570  may continue its previously authorized interception with
  571  appropriate minimization, as applicable, and may otherwise
  572  assist the department as provided in this section.
  573         (b) Upon its receipt of information of the contents of an
  574  intercepted communications from a law enforcement agency, the
  575  Department of Law Enforcement shall promptly review the
  576  information to determine whether the information relates to an
  577  actual or anticipated act of terrorism as defined in this
  578  section. If, after reviewing the contents of the intercepted
  579  communications, there is probable cause that the contents of the
  580  intercepted communications meet the criteria of paragraph
  581  (1)(b), the Department of Law Enforcement may make application
  582  for the interception of wire, oral, or electronic communications
  583  consistent with paragraph (1)(b). The department may make an
  584  independent new application for interception based on the
  585  contents of the intercepted communications. Alternatively, the
  586  department may request the law enforcement agency that provided
  587  the information to join with the department in seeking a new
  588  search warrant as required by law or an amendment of the
  589  original interception search warrant order, or may seek
  590  additional authority to continue intercepting communications
  591  under the direction of the department. In carrying out its
  592  duties under this section, the department may use the provisions
  593  for an emergency interception provided in s. 934.09(7) if
  594  applicable under statutory criteria.
  595         Section 8. Section 934.09, Florida Statutes, is amended to
  596  read:
  597         934.09 Procedure for interception of wire, oral, or
  598  electronic communications.—
  599         (1) Each application for a search warrant an order
  600  authorizing or approving the interception of a wire, oral, or
  601  electronic communication under ss. 934.03-934.09 shall be made
  602  in writing upon oath or affirmation to a judge of competent
  603  jurisdiction and shall state the applicant’s authority to make
  604  such application. Each application shall include the following
  605  information:
  606         (a) The identity of the investigative or law enforcement
  607  officer making the application and the officer authorizing the
  608  application.
  609         (b) A full and complete statement of the facts and
  610  circumstances relied upon by the applicant to justify his or her
  611  belief that a search warrant an order should be issued,
  612  including:
  613         1. Details as to the particular offense that has been, is
  614  being, or is about to be committed.
  615         2. Except as provided in subsection (11), a particular
  616  description of the nature and location of the facilities from
  617  which, or the place where, the communications are to be
  618  intercepted.
  619         3. A particular description of the type of communications
  620  sought to be intercepted.
  621         4. The identity of the person, if known, committing the
  622  offense and whose communications are to be intercepted.
  623         (c) A full and complete statement as to whether or not
  624  other investigative procedures have been tried and failed or why
  625  they reasonably appear to be unlikely to succeed if tried or to
  626  be too dangerous.
  627         (d) A statement of the period of time for which the
  628  interception is required to be maintained and, if the nature of
  629  the investigation is such that the authorization for
  630  interception should not automatically terminate when the
  631  described type of communication has been first obtained, a
  632  particular description of facts establishing probable cause to
  633  believe that additional communications of the same type will
  634  occur thereafter.
  635         (e) A full and complete statement of the facts concerning
  636  all previous applications known to the individual authorizing
  637  and making the application, made to any judge for authorization
  638  to intercept, or for approval of interceptions of, wire, oral,
  639  or electronic communications involving any of the same persons,
  640  facilities, or places specified in the application, and the
  641  action taken by the judge on each such application.
  642         (f) When the application is for the extension of a search
  643  warrant an order, a statement setting forth the results thus far
  644  obtained from the interception or a reasonable explanation of
  645  the failure to obtain such results.
  646         (2) The judge may require the applicant to furnish
  647  additional testimony or documentary evidence in support of the
  648  application.
  649         (3) Upon such application, the judge may authorize a search
  650  warrant enter an ex parte order, as requested or as modified,
  651  authorizing or approving interception of wire, oral, or
  652  electronic communications within the territorial jurisdiction of
  653  the court in which the judge is sitting, and outside such
  654  jurisdiction but within the State of Florida in the case of a
  655  mobile interception device authorized by the judge within such
  656  jurisdiction, if the judge determines on the basis of the facts
  657  submitted by the applicant that:
  658         (a) There is probable cause for belief that an individual
  659  is committing, has committed, or is about to commit an offense
  660  as provided in s. 934.07.
  661         (b) There is probable cause for belief that particular
  662  communications concerning that offense will be obtained through
  663  such interception.
  664         (c) Normal investigative procedures have been tried and
  665  have failed or reasonably appear to be unlikely to succeed if
  666  tried or to be too dangerous.
  667         (d) Except as provided in subsection (11), there is
  668  probable cause for belief that the facilities from which, or the
  669  place where, the wire, oral, or electronic communications are to
  670  be intercepted are being used, or are about to be used, in
  671  connection with the commission of such offense, or are leased
  672  to, listed in the name of, or commonly used by such person.
  673         (4) Each search warrant order authorizing or approving the
  674  interception of any wire, oral, or electronic communication
  675  shall specify:
  676         (a) The identity of the person, if known, whose
  677  communications are to be intercepted.
  678         (b) The nature and location of the communications
  679  facilities as to which, or the place where, authority to
  680  intercept is granted.
  681         (c) A particular description of the type of communication
  682  sought to be intercepted and a statement of the particular
  683  offense to which it relates.
  684         (d) The identity of the agency authorized to intercept the
  685  communications and of the person authorizing the application.
  686         (e) The period of time during which such interception is
  687  authorized, including a statement as to whether or not the
  688  interception shall automatically terminate when the described
  689  communication has been first obtained.
  690  
  691  A search warrant An order authorizing the interception of a
  692  wire, oral, or electronic communication shall, upon the request
  693  of the applicant, direct that a provider of wire or electronic
  694  communication service, landlord, custodian, or other person
  695  shall furnish the applicant forthwith all information,
  696  facilities, and technical assistance necessary to accomplish the
  697  interception unobtrusively and with a minimum of interference
  698  with the services that such service provider, landlord,
  699  custodian, or person is according the person whose
  700  communications are to be intercepted. The obligation of a
  701  provider of wire, oral, or electronic communication service
  702  under such a search warrant an order may include, but is not
  703  limited to, conducting an in-progress trace during an
  704  interception, or providing other assistance to support the
  705  investigation as may be specified in the search warrant order.
  706  Any provider of wire or electronic communication service,
  707  landlord, custodian, or other person furnishing such facilities
  708  or technical assistance shall be compensated therefor by the
  709  applicant for reasonable expenses incurred in providing such
  710  facilities or assistance.
  711         (5) A search warrant No order entered under this section
  712  may not authorize or approve the interception of any wire, oral,
  713  or electronic communication for any period longer than is
  714  necessary to achieve the objective of the authorization or in
  715  any event longer than 30 days. Such 30-day period begins on the
  716  day on which the agent or officer of the law enforcement agency
  717  first begins to conduct an interception under the search warrant
  718  order or 10 days after the search warrant is approved order is
  719  entered, whichever occurs earlier. Extensions of a search
  720  warrant an order may be granted but only upon application for an
  721  extension made in accordance with subsection (1) and upon the
  722  court making the findings required by subsection (3). The period
  723  of extension shall be no longer than the authorizing judge deems
  724  necessary to achieve the purposes for which it was granted and
  725  in no event for longer than 30 days. Every search warrant order
  726  and extension thereof shall contain a provision that the
  727  authorization to intercept shall be executed as soon as
  728  practicable, shall be conducted in such a way as to minimize the
  729  interception of communications not otherwise subject to
  730  interception under ss. 934.03-934.09, and must terminate upon
  731  attainment of the authorized objective or in any event in 30
  732  days. If the intercepted communication is in code or foreign
  733  language and an expert in that foreign language or code is not
  734  reasonably available during the interception period,
  735  minimization may be accomplished as soon as practicable after
  736  such interception. An interception under ss. 934.03-934.09 may
  737  be conducted in whole or in part by government personnel or by
  738  an individual operating under a contract with the government,
  739  acting under the supervision of an agent or officer of the law
  740  enforcement agency authorized to conduct the interception.
  741         (6) Whenever a search warrant an order authorizing
  742  interception is granted entered pursuant to ss. 934.03-934.09,
  743  the search warrant order may require reports to be made to the
  744  judge who issued the search warrant order showing what progress
  745  has been made toward achievement of the authorized objective and
  746  the need for continued interception. Such reports shall be made
  747  at such intervals as the judge may require.
  748         (7) Notwithstanding any other provision of this chapter,
  749  any investigative or law enforcement officer specially
  750  designated by the Governor, the Attorney General, the statewide
  751  prosecutor, or a state attorney acting under this chapter, who
  752  reasonably determines that:
  753         (a) An emergency exists that:
  754         1. Involves immediate danger of death or serious physical
  755  injury to any person, the danger of escape of a prisoner, or
  756  conspiratorial activities threatening the security interest of
  757  the nation or state; and
  758         2. Requires that a wire, oral, or electronic communication
  759  be intercepted before a search warrant an order authorizing such
  760  interception can, with due diligence, be obtained; and
  761         (b) There are grounds upon which a search warrant an order
  762  could be entered under this chapter to authorize such
  763  interception,
  764  
  765  may intercept such wire, oral, or electronic communication if an
  766  application for a search warrant an order approving the
  767  interception is made in accordance with this section within 48
  768  hours after the interception has occurred or begins to occur. In
  769  the absence of a search warrant an order, such interception
  770  shall immediately terminate when the communication sought is
  771  obtained or when the application for the search warrant order is
  772  denied, whichever is earlier. If such application for approval
  773  is denied, or in any other case in which the interception is
  774  terminated without a search warrant an order having been issued,
  775  the contents of any wire, oral, or electronic communication
  776  intercepted shall be treated as having been obtained in
  777  violation of s. 934.03(4), and an inventory shall be served as
  778  provided for in paragraph (8)(e) on the person named in the
  779  application.
  780         (8)(a) The contents of any wire, oral, or electronic
  781  communication intercepted by any means authorized by ss. 934.03
  782  934.09 shall, if possible, be recorded on tape or wire or other
  783  comparable device. The recording of the contents of any wire,
  784  oral, or electronic communication under this subsection shall be
  785  kept in such a way as will protect the recording from editing or
  786  other alterations. Immediately upon the expiration of the period
  787  of the search warrant order, or extensions thereof, such
  788  recordings shall be made available to the judge approving the
  789  search warrant issuing such order and sealed under his or her
  790  directions. Custody of the recordings shall be wherever the
  791  judge orders. They may shall not be destroyed except upon an
  792  order of the issuing or denying judge, or that judge’s successor
  793  in office, and in any event shall be kept for 10 years.
  794  Duplicate recordings may be made for use or disclosure pursuant
  795  to the provisions of s. 934.08(1) and (2) for investigations, or
  796  for purposes of discovery as required by law.
  797         (b) The presence of the seal provided for by this
  798  subsection, or a satisfactory explanation for the absence
  799  thereof, shall be a prerequisite for the use or disclosure of
  800  the contents of any wire, oral, or electronic communication or
  801  evidence derived therefrom under s. 934.08(3), as required by
  802  federal law.
  803         (c) Applications made and search warrants orders granted
  804  under ss. 934.03-934.09 shall be sealed by the judge. Custody of
  805  the applications and search warrants orders shall be wherever
  806  the judge directs. As required by federal law, such applications
  807  and search warrants must orders shall be disclosed only for
  808  purposes of discovery or upon a showing of good cause before a
  809  judge of competent jurisdiction and may shall not be destroyed
  810  except on order of the issuing or denying judge, or that judge’s
  811  successor in office, and in any event shall be kept for 10
  812  years.
  813         (d) Any violation of the provisions of this subsection may
  814  be punished as contempt of the issuing or denying judge.
  815         (e) Within a reasonable time but not later than 90 days
  816  after the termination of the period of a search warrant, an
  817  order or extensions thereof, the issuing or denying judge shall
  818  cause to be served on the persons named in the search warrant
  819  order or the application, and such other parties to intercepted
  820  communications as the judge may determine in his or her
  821  discretion to be in the interest of justice, an inventory which
  822  shall include notice of:
  823         1. The fact of the approval of the search warrant entry of
  824  the order or the application.
  825         2. The date of the approval of the search warrant entry and
  826  the period of authorized, approved, or disapproved interception,
  827  or the denial of the application.
  828         3. The fact that during the period wire, oral, or
  829  electronic communications were or were not intercepted.
  830  
  831  The judge, upon the filing of a motion, may make available to
  832  such person or the person’s counsel for inspection such portions
  833  of the intercepted communications, applications, and search
  834  warrants orders as the judge determines to be in the interest of
  835  justice. On an ex parte showing of good cause to a judge of
  836  competent jurisdiction, the serving of the inventory required by
  837  this paragraph may be postponed.
  838         (9) As required by federal law, The contents of any
  839  intercepted wire, oral, or electronic communication or evidence
  840  derived therefrom may shall not be received in evidence or
  841  otherwise disclosed in any trial, hearing, or other proceeding
  842  unless each party, not less than 10 days before the trial,
  843  hearing, or proceeding, has been furnished with a copy of the
  844  search warrant court order and accompanying application under
  845  which the interception was authorized or approved. This 10-day
  846  period may be waived by the judge if he or she finds that it was
  847  not possible to furnish the party with the above information 10
  848  days before the trial, hearing, or proceeding and that the party
  849  will not be prejudiced by the delay in receiving such
  850  information.
  851         (10)(a) An Any aggrieved person before or during in any
  852  trial, hearing, or proceeding in or before any court,
  853  department, officer, agency, regulatory body, or other authority
  854  may move to suppress the contents of any intercepted wire, oral,
  855  or electronic communication, or evidence derived therefrom, on
  856  the grounds that:
  857         1. The communication was unlawfully intercepted;
  858         2. The search warrant order of authorization or approval
  859  under which it was intercepted is insufficient on its face; or
  860         3. The interception was not made in conformity with the
  861  search warrant order of authorization or approval.
  862         (b) Except as otherwise provided in the applicable Florida
  863  Rules of Criminal Procedure, in a criminal matter:
  864         1. Such motion shall be made before the trial, hearing, or
  865  proceeding unless there was no opportunity to make such motion
  866  or the person was not aware of the grounds of the motion.
  867         2. If the motion is granted, the contents of the
  868  intercepted wire or oral communication, or evidence derived
  869  therefrom, must shall be treated as having been obtained in
  870  violation of ss. 934.03-934.09 and are not admissible as
  871  evidence.
  872         3. The judge, upon the filing of such motion by the
  873  aggrieved person, may make available to the aggrieved person or
  874  his or her counsel for inspection such portions of the
  875  intercepted communication or evidence derived therefrom as the
  876  judge determines to be in the interest of justice.
  877         (c)(b) In addition to any other right to appeal, the state
  878  shall have the right to appeal from an order granting a motion
  879  to suppress made under paragraph (a) or the denial of an
  880  application for a search warrant an order of approval if the
  881  attorney certifies shall certify to the judge or other official
  882  granting such motion or denying such application that the appeal
  883  is not taken for purposes of delay. Such appeal shall be taken
  884  within 30 days after the date the order was entered and shall be
  885  diligently prosecuted.
  886         (d)(c) The remedies and sanctions described in ss. 934.03
  887  934.10 with respect to the interception of electronic
  888  communications are the only judicial remedies and sanctions for
  889  violations of those sections involving such communications.
  890         (11) The requirements of subparagraph (1)(b)2. and
  891  paragraph (3)(d) relating to the specification of the facilities
  892  from which, or the place where, the communication is to be
  893  intercepted do not apply if:
  894         (a) In the case of an application with respect to the
  895  interception of an oral communication:
  896         1. The application is by an agent or officer of a law
  897  enforcement agency and is approved by the Governor, the Attorney
  898  General, the statewide prosecutor, or a state attorney.
  899         2. The application contains a full and complete statement
  900  as to why such specification is not practical and identifies the
  901  person committing the offense and whose communications are to be
  902  intercepted.
  903         3. The judge finds that such specification is not
  904  practical.
  905         (b) In the case of an application with respect to a wire or
  906  electronic communication:
  907         1. The application is by an agent or officer of a law
  908  enforcement agency and is approved by the Governor, the Attorney
  909  General, the statewide prosecutor, or a state attorney.
  910         2. The application identifies the person believed to be
  911  committing the offense and whose communications are to be
  912  intercepted and the applicant makes a showing that there is
  913  probable cause to believe that the person’s actions could have
  914  the effect of thwarting interception from a specified facility
  915  or that the person whose communications are to be intercepted
  916  has removed, or is likely to remove, himself or herself to
  917  another judicial circuit within the state.
  918         3. The judge finds that such showing has been adequately
  919  made.
  920         4. The search warrant order authorizing or approving the
  921  interception is limited to interception only for such time as it
  922  is reasonable to presume that the person identified in the
  923  application is or was reasonably proximate to the instrument
  924  through which such communication will be or was transmitted.
  925  
  926  Consistent with this paragraph, a judge of competent
  927  jurisdiction may authorize interception within this state,
  928  whether the interception is within or outside the court’s
  929  jurisdiction, if the application for the interception makes a
  930  showing that some activity or conspiracy believed to be related
  931  to, or in furtherance of, the criminal predicate for the
  932  requested interception has occurred or will likely occur, or the
  933  communication to be intercepted or expected to be intercepted is
  934  occurring or will likely occur, in whole or in part, within the
  935  jurisdiction of the court where the order is being sought.
  936         (12) If an interception of a communication is to be carried
  937  out pursuant to subsection (11), such interception may not begin
  938  until the facilities from which, or the place where, the
  939  communication is to be intercepted is ascertained by the person
  940  implementing the interception search warrant order. A provider
  941  of wire or electronic communications service that has received a
  942  search warrant an order as provided under paragraph (11)(b) may
  943  petition the court to modify or quash the search warrant order
  944  on the ground that the interception cannot be performed in a
  945  timely or reasonable fashion. The court, upon notice to the
  946  state, shall decide such a petition expeditiously.
  947         (13) Consistent with this section, a judge of competent
  948  jurisdiction may authorize interception within this state,
  949  regardless of whether the interception is within or outside the
  950  court’s jurisdiction, if the application for the interception
  951  makes a showing that some activity or conspiracy believed to be
  952  related to, or in furtherance of, the criminal predicate for the
  953  requested interception has occurred or will likely occur, or the
  954  communication to be intercepted or expected to be intercepted is
  955  occurring or will likely occur, in whole or in part, within the
  956  jurisdiction of the court where the search warrant is being
  957  sought.
  958         Section 9. Subsections (1) and (2) of section 934.10,
  959  Florida Statutes, are amended to read:
  960         934.10 Civil remedies.—
  961         (1) Any person whose wire, oral, or electronic
  962  communication is intercepted, disclosed, or used in violation of
  963  ss. 934.03-934.09 shall have a civil cause of action against any
  964  person or entity who intercepts, discloses, or uses, or procures
  965  any other person or entity to intercept, disclose, or use, such
  966  communications and is shall be entitled to recover from any such
  967  person or entity that which engaged in that violation any such
  968  relief as may be appropriate relief, including all of the
  969  following:
  970         (a) Preliminary or equitable or declaratory relief as may
  971  be appropriate.;
  972         (b) Actual damages, but not less than liquidated damages
  973  computed at the rate of $100 a day for each day of violation or
  974  $1,000, whichever is higher.;
  975         (c) Punitive damages.; and
  976         (d) A reasonable attorney’s fee and other litigation costs
  977  reasonably incurred.
  978         (2) A good faith reliance on any of the following
  979  constitutes a complete defense to any civil, criminal, or
  980  administrative action arising out of such conduct under the laws
  981  of this state:
  982         (a) A search warrant court order, subpoena, or legislative
  983  authorization as provided for in ss. 934.03-934.09.,
  984         (b) A request of an investigative or law enforcement
  985  officer under s. 934.09(7)., or
  986         (c) A good faith determination that Florida or federal law,
  987  other than 18 U.S.C. s. 2511(2)(d), authorized permitted the
  988  conduct complained of
  989  
  990  shall constitute a complete defense to any civil or criminal, or
  991  administrative action arising out of such conduct under the laws
  992  of this state.
  993         Section 10. Section 934.21, Florida Statutes, is amended to
  994  read:
  995         934.21 Unlawful access to stored communications;
  996  penalties.—
  997         (1) Except as provided in subsection (3), whoever:
  998         (a) Intentionally accesses without authorization a facility
  999  through which an electronic communication service is provided,
 1000  or
 1001         (b) Intentionally exceeds an authorization to access such
 1002  facility,
 1003  
 1004  and thereby obtains, alters, or prevents authorized access to a
 1005  wire or electronic communication while it is in electronic
 1006  storage in such system shall be punished as provided in
 1007  subsection (2).
 1008         (2) The punishment for an offense under subsection (1) is
 1009  as follows:
 1010         (a) If the offense is committed for purposes of commercial
 1011  advantage, malicious destruction or damage, or private
 1012  commercial gain, the person is:
 1013         1. In the case of a first offense under this subsection,
 1014  commits guilty of a misdemeanor of the first degree, punishable
 1015  as provided in s. 775.082, s. 775.083, or s. 934.41.
 1016         2. In the case of any subsequent offense under this
 1017  subsection, commits guilty of a felony of the third degree,
 1018  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 1019  s. 934.41.
 1020         (b) In any other case, the person commits is guilty of a
 1021  misdemeanor of the second degree, punishable as provided in s.
 1022  775.082 or s. 775.083.
 1023         (3) Subsection (1) does not apply with respect to conduct
 1024  authorized:
 1025         (a) By the person or entity providing a wire, an oral, or
 1026  an electronic communications service, including through cellular
 1027  phones, microphone-enabled household devices, or portable
 1028  electronic communication devices;
 1029         (b) By a user of a wire, an oral, or an electronic
 1030  communications service, including through cellular phones,
 1031  microphone-enabled household devices, or portable electronic
 1032  communication devices, with respect to a communication of or
 1033  intended for that user; or
 1034         (c) In s. 934.09, s. 934.23, or s. 934.24;
 1035         (d) In chapter 933; or
 1036         (e) For accessing for a legitimate business purpose
 1037  information that is not personally identifiable or that has been
 1038  collected in a way that prevents identification of the user of
 1039  the device.
 1040         Section 11. Section 934.42, Florida Statutes, is amended to
 1041  read:
 1042         934.42 Mobile tracking device and location tracking
 1043  authorization.—
 1044         (1) As used in this section, the term:
 1045         (a) “Historical location data” means historical precise
 1046  global positioning system location data in the possession of a
 1047  provider.
 1048         (b) “Mobile tracking device” means an electronic or a
 1049  mechanical device that tracks the movement of a person or an
 1050  object.
 1051         (c) “Real-time location tracking” means:
 1052         1. The installation and use of a mobile tracking device on
 1053  the object to be tracked;
 1054         2. The acquisition of real-time cell-site location data; or
 1055         3. The acquisition of real-time precise global positioning
 1056  system location data.
 1057         (2)(1) An investigative or law enforcement officer may make
 1058  application to a judge of competent jurisdiction for a search
 1059  warrant an order authorizing or approving real-time location
 1060  tracking or the acquisition of historical location data in the
 1061  possession of the provider the installation and use of a mobile
 1062  tracking device.
 1063         (3)(2) An application made under subsection (2) (1) of this
 1064  section must include:
 1065         (a) A statement of the identity of the applicant and the
 1066  identity of the law enforcement agency conducting the
 1067  investigation.
 1068         (b) A statement setting forth a reasonable period of time
 1069  during which the mobile tracking device may be used or the
 1070  location data may be obtained in real time, not to exceed 45
 1071  days from the date on which the search warrant is issued. The
 1072  court may, for good cause, grant one or more extensions for a
 1073  reasonable period of time, not to exceed 45 days each. When
 1074  seeking historical location data, the applicant must specify a
 1075  date range for the data sought certification by the applicant
 1076  that the information likely to be obtained is relevant to an
 1077  ongoing criminal investigation being conducted by the
 1078  investigating agency.
 1079         (c) A statement of the offense to which the information
 1080  likely to be obtained relates.
 1081         (d) A statement as to whether it may be necessary to use
 1082  and monitor the mobile tracking device outside the jurisdiction
 1083  of the court from which authorization is being sought.
 1084         (4)(3) Upon application made as provided under subsection
 1085  (3), and (2), the court, if the court it finds both probable
 1086  cause that the certification and that the statements required by
 1087  subsection (3) (2) have been made in the application, it must
 1088  grant a search warrant shall enter an ex parte order authorizing
 1089  real-time location tracking or the acquisition of historical
 1090  location data the installation and use of a mobile tracking
 1091  device. Such search warrant order may authorize the location
 1092  tracking use of the device within the jurisdiction of the court
 1093  and outside that jurisdiction but within the State of Florida if
 1094  the location tracking device is initiated installed within the
 1095  jurisdiction of the court. The search warrant must command the
 1096  investigative or law enforcement officer to complete any
 1097  initiation of the location tracking or execution of the search
 1098  warrant for historical location data authorized by the search
 1099  warrant within a specified period of time not to exceed 10
 1100  calendar days.
 1101         (5)(4) A court may not require greater specificity or
 1102  additional information beyond that which is required by law and
 1103  this section as a requisite for issuing a search warrant an
 1104  order.
 1105         (6) Within 10 days after the timeframe specified in
 1106  paragraph (3)(b) has ended, the investigative or law enforcement
 1107  officer executing a search warrant must return the search
 1108  warrant to the issuing judge. When the search warrant authorizes
 1109  the acquisition of historical location data, the investigative
 1110  or law enforcement officer executing the search warrant must
 1111  return the search warrant to the issuing judge within 10 days
 1112  after receipt of the records. The investigative or law
 1113  enforcement officer may do so by reliable electronic means.
 1114         (7) Within 10 days after the timeframe specified in
 1115  paragraph (3)(b) has ended, the investigative or law enforcement
 1116  officer executing a search warrant shall serve a copy of the
 1117  search warrant on the person who, or whose property, was
 1118  tracked. When the search warrant authorizes the acquisition of
 1119  historical location data, the investigative or law enforcement
 1120  officer executing the search warrant must serve a copy of the
 1121  search warrant on the person whose data was obtained within 10
 1122  days after receipt of the records. Service may be accomplished
 1123  by delivering a copy to the person who, or whose property, was
 1124  tracked or whose data was obtained or by leaving a copy at the
 1125  person’s residence or usual place of abode with an individual of
 1126  suitable age and discretion who resides at that location and by
 1127  mailing a copy to the person’s last known address. Upon a
 1128  showing of good cause to a court of competent jurisdiction, the
 1129  court may grant one or more postponements of this notice for a
 1130  period of 90 days each.
 1131         (8)(5) The standards established by Florida courts and the
 1132  United States Supreme Court for the installation, use, or and
 1133  monitoring of mobile tracking devices and the acquisition of
 1134  location data shall apply to the installation, use, or
 1135  monitoring and use of any device and the acquisition of location
 1136  data as authorized by this section.
 1137         (6) As used in this section, a “tracking device” means an
 1138  electronic or mechanical device which permits the tracking of
 1139  the movement of a person or object.
 1140         (9)(a) Notwithstanding any other provision of this chapter,
 1141  any investigative or law enforcement officer specially
 1142  designated by the Governor, the Attorney General, the statewide
 1143  prosecutor, or a state attorney acting pursuant to this chapter
 1144  who reasonably determines that:
 1145         1. An emergency exists which:
 1146         a. Involves immediate danger of death or serious physical
 1147  injury to any person or the danger of escape of a prisoner; and
 1148         b. Requires real-time location tracking before a search
 1149  warrant authorizing such tracking can, with due diligence, be
 1150  obtained; and
 1151         2. There are grounds upon which a search warrant could be
 1152  issued under this chapter to authorize such tracking,
 1153  
 1154  may engage in real-time location tracking if, within 48 hours
 1155  after the tracking has occurred or begins to occur, a search
 1156  warrant approving the tracking is issued in accordance with this
 1157  section.
 1158         (b) In the absence of an authorizing search warrant, such
 1159  tracking must immediately terminate when the information sought
 1160  is obtained, when the application for the search warrant is
 1161  denied, or when 48 hours have lapsed since the tracking began,
 1162  whichever is earlier.
 1163         Section 12. For the purpose of incorporating the amendments
 1164  made by this act to sections 934.03 and 934.07, Florida
 1165  Statutes, in references thereto, paragraph (b) of subsection (2)
 1166  of section 934.22, Florida Statutes, is reenacted to read:
 1167         934.22 Voluntary disclosure of customer communications or
 1168  records.—
 1169         (2) A provider described in subsection (1) may divulge the
 1170  contents of a communication:
 1171         (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07,
 1172  or s. 934.23.
 1173         Section 13. For the purpose of incorporating the amendments
 1174  made by this act to sections 934.09 and 934.21, Florida
 1175  Statutes, in references thereto, subsections (1) and (4) of
 1176  section 934.27, Florida Statutes, are reenacted to read:
 1177         934.27 Civil action: relief; damages; defenses.—
 1178         (1) Except as provided in s. 934.23(5), any provider of
 1179  electronic communication service, or subscriber or customer
 1180  thereof, aggrieved by any violation of ss. 934.21-934.28 in
 1181  which the conduct constituting the violation is engaged in with
 1182  a knowing or intentional state of mind may, in a civil action,
 1183  recover from the person or entity which engaged in that
 1184  violation such relief as is appropriate.
 1185         (4) A good faith reliance on any of the following is a
 1186  complete defense to any civil or criminal action brought under
 1187  ss. 934.21-934.28:
 1188         (a) A court warrant or order, a subpoena, or a statutory
 1189  authorization, including, but not limited to, a request of an
 1190  investigative or law enforcement officer to preserve records or
 1191  other evidence, as provided in s. 934.23(7).
 1192         (b) A request of an investigative or law enforcement
 1193  officer under s. 934.09(7).
 1194         (c) A good faith determination that s. 934.03(3) permitted
 1195  the conduct complained of.
 1196         Section 14. For the purpose of incorporating the amendment
 1197  made by this act to section 934.21, Florida Statutes, in a
 1198  reference thereto, subsection (6) of section 934.23, Florida
 1199  Statutes, is reenacted to read:
 1200         934.23 Required disclosure of customer communications or
 1201  records.—
 1202         (6) No cause of action shall lie in any court against any
 1203  provider of wire or electronic communication service, its
 1204  officers, employees, agents, or other specified persons for
 1205  providing information, facilities, or assistance in accordance
 1206  with the terms of a court order, warrant, subpoena, or
 1207  certification under ss. 934.21-934.28.
 1208         Section 15. For the purpose of incorporating the amendment
 1209  made by this act to section 934.21, Florida Statutes, in
 1210  references thereto, subsections (6) and (7) of section 934.24,
 1211  Florida Statutes, are reenacted to read:
 1212         934.24 Backup preservation; customer notification;
 1213  challenges by customer.—
 1214         (6) Within 14 days after notice by the investigative or law
 1215  enforcement officer to the subscriber or customer under
 1216  subsection (2), the subscriber or customer may file a motion to
 1217  quash the subpoena or vacate the court order seeking contents of
 1218  electronic communications, with copies served upon the
 1219  investigative or law enforcement officer and with written notice
 1220  of such challenge to the service provider. A motion to vacate a
 1221  court order must be filed in the court which issued the order. A
 1222  motion to quash a subpoena must be filed in the circuit court in
 1223  the circuit from which the subpoena issued. Such motion or
 1224  application must contain an affidavit or sworn statement:
 1225         (a) Stating that the applicant is a subscriber or customer
 1226  of the service from which the contents of electronic
 1227  communications maintained for her or him have been sought, and
 1228         (b) Stating the applicant’s reasons for believing that the
 1229  records sought are not relevant to a legitimate law enforcement
 1230  inquiry or that there has not been substantial compliance with
 1231  the provisions of ss. 934.21-934.28 in some other respect.
 1232         (7) Except as otherwise obtained under paragraph (3)(a),
 1233  service must be made under this section upon an investigative or
 1234  law enforcement officer by delivering or mailing by registered
 1235  or certified mail a copy of the papers to the person, office, or
 1236  department specified in the notice which the subscriber or
 1237  customer has received pursuant to ss. 934.21-934.28. For the
 1238  purposes of this subsection, the term “delivering” shall be
 1239  construed in accordance with the definition of “delivery” as
 1240  provided in Rule 1.080, Florida Rules of Civil Procedure.
 1241         Section 16. For the purpose of incorporating the amendment
 1242  made by this act to section 934.21, Florida Statutes, in a
 1243  reference thereto, subsection (5) of section 934.25, Florida
 1244  Statutes, is reenacted to read:
 1245         934.25 Delayed notice.—
 1246         (5) Upon the expiration of the period of delay of
 1247  notification under subsection (1) or subsection (4), the
 1248  investigative or law enforcement officer must serve upon or
 1249  deliver by registered or first-class mail to the subscriber or
 1250  customer a copy of the process or request together with notice
 1251  which:
 1252         (a) States with reasonable specificity the nature of the
 1253  law enforcement inquiry, and
 1254         (b) Informs the subscriber or customer:
 1255         1. That information maintained for such subscriber or
 1256  customer by the service provider named in the process or request
 1257  was supplied to or requested by the investigative or law
 1258  enforcement officer and the date on which such information was
 1259  so supplied or requested.
 1260         2. That notification of such subscriber or customer was
 1261  delayed.
 1262         3. What investigative or law enforcement officer or what
 1263  court made the certification or determination pursuant to which
 1264  that delay was made.
 1265         4. Which provision of ss. 934.21-934.28 allowed such delay.
 1266         Section 17. For the purpose of incorporating the amendment
 1267  made by this act to section 934.21, Florida Statutes, in a
 1268  reference thereto, section 934.28, Florida Statutes, is
 1269  reenacted to read:
 1270         934.28 Exclusivity of remedies and sanctions.—The remedies
 1271  and sanctions described in ss. 934.21-934.27 are the only
 1272  judicial remedies and sanctions for violation of those sections.
 1273         Section 18. This act shall take effect July 1, 2022.

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