Florida Senate - 2018                                    SB 1256
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00935-18                                           20181256__
    1                        A bill to be entitled                      
    2         An act relating to the search of the content,
    3         information, and communications of cellular phones,
    4         portable electronic communication devices, and
    5         microphone-enabled household devices; amending s.
    6         92.605, F.S.; authorizing the obtaining in criminal
    7         cases of the contents of electronic communications
    8         only by court order or by search warrant, as provided
    9         in ch. 934, F.S., unless otherwise required by law;
   10         amending s. 934.01, F.S.; revising and providing
   11         legislative findings; reordering and amending s.
   12         934.02, F.S.; redefining the term “oral
   13         communication”; defining the terms “portable
   14         electronic communication device” and “microphone
   15         enabled household device”; amending s. 934.03, F.S.;
   16         authorizing specified persons to provide information,
   17         facilities, or technical assistance to a person
   18         authorized by law to intercept wire, oral, or
   19         electronic communications if the person has been
   20         provided with a warrant; prohibiting specified persons
   21         from disclosing the existence of any interception of a
   22         wire, oral, or electronic communication with respect
   23         to which the person has been served with a warrant;
   24         conforming a cross-reference; amending s. 934.07,
   25         F.S.; authorizing a judge to issue, instead of
   26         granting, a warrant in conformity with specified
   27         provisions; authorizing the Department of Law
   28         Enforcement to request a law enforcement agency that
   29         provided it with certain information to join with the
   30         department in seeking a new warrant; amending s.
   31         934.08, F.S.; authorizing certain disclosure or use
   32         when an investigative or law enforcement officer
   33         intercepts wire, oral, or electronic communications
   34         relating to offenses other than those specified in a
   35         warrant; amending s. 934.09, F.S.; requiring that each
   36         application for a warrant, rather than an order,
   37         authorizing or approving the interception of wire,
   38         oral, or electronic communications be made in writing
   39         and state the applicant’s authority; authorizing a
   40         judge to authorize a warrant ex parte, rather than an
   41         ex parte order, based on the application under certain
   42         circumstances; specifying requirements for warrants,
   43         rather than orders, issued under certain
   44         circumstances; deleting a time limitation that, if not
   45         met, prohibits the introduction into evidence of the
   46         contents of certain wire, oral, or electronic
   47         communications or other evidence; deleting a provision
   48         authorizing a judge to waive the time limitation if he
   49         or she makes certain findings; authorizing an
   50         aggrieved person to move to suppress the contents of
   51         certain wire, oral, or electronic communications
   52         before, as well as during, a trial, hearing, or
   53         proceeding; providing for inadmissibility of certain
   54         evidence if a certain motion is granted; authorizing a
   55         judge of competent jurisdiction to authorize
   56         interception within this state under specified
   57         circumstances; amending s. 934.10, F.S.; providing
   58         that a good faith reliance on a warrant issued under
   59         certain provisions constitutes a complete defense
   60         against specified actions; amending s. 934.21, F.S.;
   61         providing criminal penalties for the intentional and
   62         unlawful access without authorization of certain
   63         devices and obtainment of wire, oral, or electronic
   64         communications stored within those devices; conforming
   65         cross-references; reordering and amending s. 934.42,
   66         F.S.; authorizing an investigative or law enforcement
   67         officer to apply to a judge of competent jurisdiction
   68         for a warrant, rather than an order, authorizing the
   69         acquisition of cellular-site location data, precise
   70         global positioning system data, or historical global
   71         positioning satellite data; requiring an application
   72         for a warrant to include a statement of a reasonable
   73         length of time that a mobile tracking device may be
   74         used, not to exceed a specified duration; authorizing
   75         a court to grant extensions not individually exceeding
   76         a specified duration, for good cause; deleting a
   77         provision requiring a certification to be included in
   78         the application for an order; requiring a court to
   79         grant a warrant ex parte if it finds probable cause in
   80         the application and if the required statements have
   81         been made; requiring the warrant to command the
   82         officer to complete an installation authorized by the
   83         warrant within a certain timeframe; providing
   84         requirements for the return of the warrant to the
   85         judge and service of a copy of the warrant on the
   86         person who was tracked or whose property was tracked;
   87         authorizing a court to delay the notice requirement
   88         for a certain time upon request by the law enforcement
   89         agency; requiring that the standards established by
   90         Florida courts for the installation, use, or
   91         monitoring of mobile tracking devices apply to the
   92         installation, use, or monitoring of certain devices;
   93         redefining the term “tracking device”; authorizing any
   94         investigative or law enforcement officer who is
   95         specially designated by certain persons and who makes
   96         specified determinations to install or use a mobile
   97         tracking device under certain circumstances; providing
   98         requirements for the installation and use of the
   99         mobile tracking devices; providing criminal penalties;
  100         reenacting s. 934.22(2)(b), F.S., relating to
  101         voluntary disclosure of customer communications or
  102         records, to incorporate the amendments made to ss.
  103         934.03 and 934.07, F.S., in references thereto;
  104         reenacting s. 934.27(1) and (4), F.S., relating to
  105         relief, damages, and defenses for certain civil
  106         actions, to incorporate the amendments made to ss.
  107         934.09 and 934.21, F.S., in references thereto;
  108         reenacting ss. 934.23(6), 934.24(6) and (7),
  109         934.25(5), and 934.28, F.S., relating to required
  110         disclosures of customer communications or records, a
  111         subscriber or customer filing a motion for certain
  112         relief and customer notification, delayed notice, and
  113         the exclusivity of remedies and sanctions for certain
  114         violations, respectively, to incorporate the amendment
  115         made to s. 934.21, F.S., in references thereto;
  116         providing an effective date.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Subsection (9) of section 92.605, Florida
  121  Statutes, is amended to read:
  122         92.605 Production of certain records by Florida businesses
  123  and out-of-state corporations.—
  124         (9) In any criminal case, the content of any electronic
  125  communication may be obtained under this section only by court
  126  order or by the issuance of a search warrant, as provided in
  127  chapter 934, unless otherwise required by provided under the
  128  Electronic Communications Privacy Act or other provision of law.
  129         Section 2. Section 934.01, Florida Statutes, is amended to
  130  read:
  131         934.01 Legislative findings.—On the basis of its own
  132  investigations and of published studies, the Legislature makes
  133  the following findings:
  134         (1) Wire communications are normally conducted through the
  135  use of facilities which form part of an intrastate network. The
  136  same facilities are used for interstate and intrastate
  137  communications.
  138         (2) In order to protect effectively the privacy of wire,
  139  and oral, and electronic communications, to protect the
  140  integrity of court and administrative proceedings, and to
  141  prevent the obstruction of intrastate commerce, it is necessary
  142  for the Legislature to define the circumstances and conditions
  143  under which the interception of wire, and oral, and electronic
  144  communications may be authorized and to prohibit any
  145  unauthorized interception of such communications and the use of
  146  the contents thereof in evidence in courts and administrative
  147  proceedings.
  148         (3) Organized criminals make extensive use of wire, and
  149  oral, and electronic communications in their criminal
  150  activities. The interception of such communications to obtain
  151  evidence of the commission of crimes or to prevent their
  152  commission is an indispensable aid to law enforcement and the
  153  administration of justice.
  154         (4) To safeguard the privacy of innocent persons, the
  155  interception of wire, or oral, or electronic communications when
  156  none of the parties to the communication has consented to the
  157  interception should be allowed only when authorized by a court
  158  of competent jurisdiction and should remain under the control
  159  and supervision of the authorizing court. Interception of wire,
  160  and oral, and electronic communications should further be
  161  limited to certain major types of offenses and specific
  162  categories of crime with assurance that the interception is
  163  justified and that the information obtained thereby will not be
  164  misused.
  165         (5)To safeguard the privacy of innocent persons, the
  166  Legislature recognizes a subjective expectation of privacy in
  167  precision location data that society is now prepared to accept
  168  as objectively reasonable. As such, the collection by law
  169  enforcement of the precise location of a person, a cellular
  170  phone, or a portable electronic communication device without the
  171  consent of the person or the owner of the cellular phone or
  172  portable electronic communication device should be allowed only
  173  when authorized by a warrant issued by a court of competent
  174  jurisdiction and should remain under the control and supervision
  175  of the authorizing court.
  176         (6) The Legislature recognizes that the use of portable
  177  electronic communication devices is growing at a rapidly
  178  increasing rate. These devices can store, and encourage the
  179  storage of, an almost limitless amount of personal and private
  180  information. Often linked to the Internet, these devices are
  181  commonly used to access personal and business information and
  182  other data stored in computers and servers that can be located
  183  anywhere in the world. The user of a portable electronic
  184  communication device has a reasonable and justifiable
  185  expectation of privacy of the information that these devices
  186  contain.
  187         (7) The Legislature recognizes that the use of household
  188  electronic devices, including microphone-enabled household
  189  devices, is growing at a rapidly increasing rate. These devices
  190  often contain microphones that listen for and respond to
  191  environmental triggers. These household devices are generally
  192  connected to and communicate through the Internet, resulting in
  193  the storage of and accessibility of daily household information
  194  in a device itself or in a remote computing service. An
  195  individual should not have to choose between using household
  196  technological enhancements and conveniences or preserving the
  197  right to privacy in one’s home.
  198         Section 3. Section 934.02, Florida Statutes, is reordered
  199  and amended to read:
  200         934.02 Definitions.—As used in this chapter, the term:
  201         (28)(1) “Wire communication” means any aural transfer made
  202  in whole or in part through the use of facilities for the
  203  transmission of communications by the aid of wire, cable, or
  204  other like connection between the point of origin and the point
  205  of reception including the use of such connection in a switching
  206  station furnished or operated by any person engaged in providing
  207  or operating such facilities for the transmission of intrastate,
  208  interstate, or foreign communications or communications
  209  affecting intrastate, interstate, or foreign commerce.
  210         (17)(2) “Oral communication” means any oral communication
  211  uttered by a person exhibiting an expectation that such
  212  communication is not subject to interception under circumstances
  213  justifying such expectation, including interception through the
  214  use of a microphone-enabled household device. The term and does
  215  not mean any public oral communication uttered at a public
  216  meeting or any electronic communication.
  217         (12)(3) “Intercept” means the aural or other acquisition of
  218  the contents of any wire, electronic, or oral communication
  219  through the use of any electronic, mechanical, or other device.
  220         (10)(4) “Electronic, mechanical, or other device” means any
  221  device or apparatus which can be used to intercept a wire,
  222  electronic, or oral communication other than:
  223         (a) Any telephone or telegraph instrument, equipment, or
  224  facility, or any component thereof:
  225         1. Furnished to the subscriber or user by a provider of
  226  wire or electronic communication service in the ordinary course
  227  of its business and being used by the subscriber or user in the
  228  ordinary course of its business or furnished by such subscriber
  229  or user for connection to the facilities of such service and
  230  used in the ordinary course of its business; or
  231         2. Being used by a provider of wire or electronic
  232  communications service in the ordinary course of its business or
  233  by an investigative or law enforcement officer in the ordinary
  234  course of her or his duties.
  235         (b) A hearing aid or similar device being used to correct
  236  subnormal hearing to not better than normal.
  237         (19)(5) “Person” means any employee or agent of the State
  238  of Florida or political subdivision thereof, of the United
  239  States, or of any other state or political subdivision thereof,
  240  and any individual, partnership, association, joint stock
  241  company, trust, or corporation.
  242         (20) “Portable electronic communication device” means an
  243  object capable of being easily transported or conveyed by a
  244  person which is capable of creating, receiving, accessing, or
  245  storing electronic data or communications and which communicates
  246  with, by any means, another device, entity, or individual.
  247         (13)(6) “Investigative or law enforcement officer” means
  248  any officer of the State of Florida or political subdivision
  249  thereof, of the United States, or of any other state or
  250  political subdivision thereof, who is empowered by law to
  251  conduct on behalf of the Government investigations of, or to
  252  make arrests for, offenses enumerated in this chapter or similar
  253  federal offenses, any attorney authorized by law to prosecute or
  254  participate in the prosecution of such offenses, or any other
  255  attorney representing the State of Florida or political
  256  subdivision thereof in any civil, regulatory, disciplinary, or
  257  forfeiture action relating to, based upon, or derived from such
  258  offenses.
  259         (5)(7) “Contents,” when used with respect to any wire,
  260  oral, or electronic communication, includes any information
  261  concerning the substance, purport, or meaning of that
  262  communication.
  263         (14)(8) “Judge of competent jurisdiction” means justice of
  264  the Supreme Court, judge of a district court of appeal, circuit
  265  judge, or judge of any court of record having felony
  266  jurisdiction of the State of Florida, irrespective of the
  267  geographic location or jurisdiction where the judge presides.
  268         (1)(9) “Aggrieved person” means a person who was a party to
  269  any intercepted wire, oral, or electronic communication or a
  270  person against whom the interception was directed.
  271         (15)(10) “Law enforcement agency” means an agency of the
  272  State of Florida or a political subdivision thereof or of the
  273  United States if the primary responsibility of the agency is the
  274  prevention and detection of crime or the enforcement of the
  275  penal, traffic, or highway laws of this state and if its agents
  276  and officers are empowered by law to conduct criminal
  277  investigations and to make arrests.
  278         (16) “Microphone-enabled household device” means a device,
  279  sensor, or other physical object within a residence:
  280         (a) Which is capable of connecting to the Internet,
  281  directly or indirectly, or to another connected device;
  282         (b)Which is capable of creating, receiving, accessing,
  283  processing, or storing electronic data or communications;
  284         (c) Which communicates with, by any means, another device,
  285  entity, or individual; and
  286         (d)Which contains a microphone designed to listen for and
  287  respond to environmental cues.
  288         (3)(11) “Communication common carrier” has shall have the
  289  same meaning which is given the term “common carrier” in 47
  290  U.S.C. s. 153 47 U.S.C. s. 153(10).
  291         (6)(12) “Electronic communication” means any transfer of
  292  signs, signals, writing, images, sounds, data, or intelligence
  293  of any nature transmitted in whole or in part by a wire, radio,
  294  electromagnetic, photoelectronic, or photooptical system that
  295  affects intrastate, interstate, or foreign commerce, but does
  296  not include:
  297         (a) Any wire or oral communication;
  298         (b) Any communication made through a tone-only paging
  299  device;
  300         (c) Any communication from an electronic or mechanical
  301  device which allows permits the tracking of the movement of a
  302  person or an object; or
  303         (d) Electronic funds transfer information stored by a
  304  financial institution in a communications system used for the
  305  electronic storage and transfer of funds.
  306         (27)(13) “User” means any person or entity who:
  307         (a) Uses an electronic communication service, and
  308         (b) Is duly authorized by the provider of such service to
  309  engage in such use.
  310         (8)(14) “Electronic communications system” means any wire,
  311  radio, electromagnetic, photooptical, or photoelectronic
  312  facilities for the transmission of wire or electronic
  313  communications, and any computer facilities or related
  314  electronic equipment for the electronic storage of such
  315  communications.
  316         (7)(15) “Electronic communication service” means any
  317  service which provides to users thereof the ability to send or
  318  receive wire or electronic communications.
  319         (22)(16) “Readily accessible to the general public” means,
  320  with respect to a radio communication, that such communication
  321  is not:
  322         (a) Scrambled or encrypted;
  323         (b) Transmitted using modulation techniques whose essential
  324  parameters have been withheld from the public with the intention
  325  of preserving the privacy of such communication;
  326         (c) Carried on a subcarrier or other signal subsidiary to a
  327  radio transmission;
  328         (d) Transmitted over a communications system provided by a
  329  common carrier, unless the communication is a tone-only paging
  330  system communication; or
  331         (e) Transmitted on frequencies allocated under part 25;
  332  subpart D, subpart E, or subpart F of part 74; or part 94 of the
  333  Rules of the Federal Communications Commission, unless, in the
  334  case of a communication transmitted on a frequency allocated
  335  under part 74 that is not exclusively allocated to broadcast
  336  auxiliary services, the communication is a two-way voice
  337  communication by radio.
  338         (9)(17) “Electronic storage” means:
  339         (a) Any temporary intermediate storage of a wire or
  340  electronic communication incidental to the electronic
  341  transmission thereof.
  342         (b) Any storage of a wire or electronic communication by an
  343  electronic communication service for purposes of backup
  344  protection of such communication.
  345         (2)(18) “Aural transfer” means a transfer containing the
  346  human voice at any point between and including the point of
  347  origin and the point of reception.
  348         (23)(19) “Remote computing service” means the provision to
  349  the public of computer storage or processing services by means
  350  of an electronic communications system.
  351         (18)(20) “Pen register” means a device or process that
  352  records or decodes dialing, routing, addressing, or signaling
  353  information transmitted by an instrument or facility from which
  354  a wire or electronic communication is transmitted, but such
  355  information does not include the contents of any communication.
  356  The term does not include any device or process used by a
  357  provider or customer of a wire or electronic communication
  358  service for billing or recording as an incident to billing or
  359  for communication services provided by such provider, and does
  360  not include any device or process used by a provider or customer
  361  of a wire communication service for cost accounting or other
  362  like purposes in the ordinary course of its business.
  363         (26)(21) “Trap and trace device” means a device or process
  364  that captures the incoming electronic or other impulses that
  365  identify the originating number or other dialing, routing,
  366  addressing, or signaling information reasonably likely to
  367  identify the source of a wire or electronic communication, but
  368  such information does not include the contents of any
  369  communication.
  370         (24)(22) “State” means any state of the United States, the
  371  District of Columbia, the Commonwealth of Puerto Rico, or any
  372  other possession or territory of the United States.
  373         (25)(23) “Subpoena” means any administrative subpoena
  374  authorized by federal or Florida law, federal or Florida grand
  375  jury subpoena, or any criminal investigative subpoena as
  376  authorized by Florida statute which may be utilized on behalf of
  377  the government by an investigative or law enforcement officer.
  378         (11)(24) “Foreign intelligence information” means
  379  information, whether or not concerning a United States person,
  380  as that term is defined in 50 U.S.C. s. 1801, which relates to:
  381         (a) The ability of the United States to protect against
  382  actual or potential attack or other grave hostile acts of a
  383  foreign power or an agent of a foreign power;
  384         (b) Sabotage or international terrorism by a foreign power
  385  or an agent of a foreign power;
  386         (c) Clandestine intelligence activities by an intelligence
  387  service, a network of a foreign power, or an agent of a foreign
  388  power; or
  389         (d) With respect to a foreign power or foreign territory,
  390  the national defense or security of the United States or the
  391  conduct of the foreign affairs of the United States.
  392         (21)(25) “Protected computer” means:
  393         (a) A computer for the exclusive use of a financial
  394  institution or governmental entity;
  395         (b) A computer that is not for the exclusive use of a
  396  financial institution or governmental entity, but that is used
  397  by or for a financial institution or governmental entity and
  398  with respect to which unlawful conduct can affect the use by or
  399  for the financial institution or governmental entity; or
  400         (c) A computer that is used in interstate or foreign
  401  commerce or communication, including a computer located outside
  402  the United States.
  403         (4)(26) “Computer trespasser” means a person who accesses a
  404  protected computer without authorization and thus does not have
  405  a reasonable expectation of privacy with respect to any
  406  communication transmitted to, through, or from the protected
  407  computer. The term does not include a person known by the owner
  408  or operator of the protected computer to have an existing
  409  contractual relationship with the owner or operator of the
  410  protected computer for access to all or part of the protected
  411  computer.
  412         Section 4. Paragraphs (a) and (g) of subsection (2) of
  413  section 934.03, Florida Statutes, are amended, and subsection
  414  (1), paragraphs (b) through (f) and (h) through (k) of
  415  subsection (2), and paragraph (b) of subsection (3) of that
  416  section are republished, to read:
  417         934.03 Interception and disclosure of wire, oral, or
  418  electronic communications prohibited.—
  419         (1) Except as otherwise specifically provided in this
  420  chapter, any person who:
  421         (a) Intentionally intercepts, endeavors to intercept, or
  422  procures any other person to intercept or endeavor to intercept
  423  any wire, oral, or electronic communication;
  424         (b) Intentionally uses, endeavors to use, or procures any
  425  other person to use or endeavor to use any electronic,
  426  mechanical, or other device to intercept any oral communication
  427  when:
  428         1. Such device is affixed to, or otherwise transmits a
  429  signal through, a wire, cable, or other like connection used in
  430  wire communication; or
  431         2. Such device transmits communications by radio or
  432  interferes with the transmission of such communication;
  433         (c) Intentionally discloses, or endeavors to disclose, to
  434  any other person the contents of any wire, oral, or electronic
  435  communication, knowing or having reason to know that the
  436  information was obtained through the interception of a wire,
  437  oral, or electronic communication in violation of this
  438  subsection;
  439         (d) Intentionally uses, or endeavors to use, the contents
  440  of any wire, oral, or electronic communication, knowing or
  441  having reason to know that the information was obtained through
  442  the interception of a wire, oral, or electronic communication in
  443  violation of this subsection; or
  444         (e) Intentionally discloses, or endeavors to disclose, to
  445  any other person the contents of any wire, oral, or electronic
  446  communication intercepted by means authorized by subparagraph
  447  (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s.
  448  934.09 when that person knows or has reason to know that the
  449  information was obtained through the interception of such a
  450  communication in connection with a criminal investigation, has
  451  obtained or received the information in connection with a
  452  criminal investigation, and intends to improperly obstruct,
  453  impede, or interfere with a duly authorized criminal
  454  investigation;
  455  
  456  shall be punished as provided in subsection (4).
  457         (2)(a)1. It is lawful under this section and ss. 934.04
  458  934.09 for an operator of a switchboard, or an officer,
  459  employee, or agent of a provider of wire or electronic
  460  communication service whose facilities are used in the
  461  transmission of a wire or electronic communication, to
  462  intercept, disclose, or use that communication in the normal
  463  course of his or her employment while engaged in any activity
  464  which is a necessary incident to the rendition of his or her
  465  service or to the protection of the rights or property of the
  466  provider of that service, except that a provider of wire
  467  communication service to the public shall not utilize service
  468  observing or random monitoring except for mechanical or service
  469  quality control checks.
  470         2. Notwithstanding any other law, a provider of wire, oral,
  471  or electronic communication service, or an officer, employee, or
  472  agent thereof, or landlord, custodian, or other person, may
  473  provide information, facilities, or technical assistance to a
  474  person authorized by law to intercept wire, oral, or electronic
  475  communications if such provider, or an officer, employee, or
  476  agent thereof, or landlord, custodian, or other person, has been
  477  provided with:
  478         a. A court order directing such assistance signed by the
  479  authorizing judge; or
  480         b. A certification in writing by a person specified in s.
  481  934.09(7) that no warrant or court order is required by law,
  482  that all statutory requirements have been met, and that the
  483  specified assistance is required, setting forth the period of
  484  time during which the provision of the information, facilities,
  485  or technical assistance is authorized and specifying the
  486  information, facilities, or technical assistance required; or
  487         c. A warrant issued by a judge of competent jurisdiction as
  488  required by law.
  489         3. A provider of wire, oral, or electronic communication
  490  service, or an officer, employee, or agent thereof, or landlord,
  491  custodian, or other person may not disclose the existence of any
  492  interception or the device used to accomplish the interception
  493  with respect to which the person has been served with a warrant
  494  or furnished an order under this section and ss. 934.04-934.09,
  495  except as may otherwise be required by legal process and then
  496  only after prior notice to the Governor, the Attorney General,
  497  the statewide prosecutor, or a state attorney, as may be
  498  appropriate. Any such disclosure renders such person liable for
  499  the civil damages provided under s. 934.10, and such person may
  500  be prosecuted under s. 934.43. An action may not be brought
  501  against any provider of wire, oral, or electronic communication
  502  service, or an officer, employee, or agent thereof, or landlord,
  503  custodian, or other person for providing information,
  504  facilities, or assistance in accordance with the terms of a
  505  court order under this section and ss. 934.04-934.09.
  506         (b) It is lawful under this section and ss. 934.04-934.09
  507  for an officer, employee, or agent of the Federal Communications
  508  Commission, in the normal course of his or her employment and in
  509  discharge of the monitoring responsibilities exercised by the
  510  commission in the enforcement of 47 U.S.C. chapter 5, to
  511  intercept a wire, oral, or electronic communication transmitted
  512  by radio or to disclose or use the information thereby obtained.
  513         (c) It is lawful under this section and ss. 934.04-934.09
  514  for an investigative or law enforcement officer or a person
  515  acting under the direction of an investigative or law
  516  enforcement officer to intercept a wire, oral, or electronic
  517  communication when such person is a party to the communication
  518  or one of the parties to the communication has given prior
  519  consent to such interception and the purpose of such
  520  interception is to obtain evidence of a criminal act.
  521         (d) It is lawful under this section and ss. 934.04-934.09
  522  for a person to intercept a wire, oral, or electronic
  523  communication when all of the parties to the communication have
  524  given prior consent to such interception.
  525         (e) It is unlawful to intercept any wire, oral, or
  526  electronic communication for the purpose of committing any
  527  criminal act.
  528         (f) It is lawful under this section and ss. 934.04-934.09
  529  for an employee of a telephone company to intercept a wire
  530  communication for the sole purpose of tracing the origin of such
  531  communication when the interception is requested by the
  532  recipient of the communication and the recipient alleges that
  533  the communication is obscene, harassing, or threatening in
  534  nature. The individual conducting the interception shall notify
  535  local police authorities within 48 hours after the time of the
  536  interception.
  537         (g) It is lawful under this section and ss. 934.04-934.09
  538  for an employee of:
  539         1. An ambulance service licensed pursuant to s. 401.25, a
  540  fire station employing firefighters as defined by s. 633.102, a
  541  public utility, a law enforcement agency as defined by s. 934.02
  542  s. 934.02(10), or any other entity with published emergency
  543  telephone numbers;
  544         2. An agency operating an emergency telephone number “911”
  545  system established pursuant to s. 365.171; or
  546         3. The central abuse hotline operated pursuant to s.
  547  39.201,
  548  
  549  to intercept and record incoming wire communications; however,
  550  such employee may intercept and record incoming wire
  551  communications on designated “911” telephone numbers and
  552  published nonemergency telephone numbers staffed by trained
  553  dispatchers at public safety answering points only. It is also
  554  lawful for such employee to intercept and record outgoing wire
  555  communications to the numbers from which such incoming wire
  556  communications were placed when necessary to obtain information
  557  required to provide the emergency services being requested. For
  558  the purpose of this paragraph, the term “public utility” has the
  559  same meaning as provided in s. 366.02 and includes a person,
  560  partnership, association, or corporation now or hereafter owning
  561  or operating equipment or facilities in the state for conveying
  562  or transmitting messages or communications by telephone or
  563  telegraph to the public for compensation.
  564         (h) It shall not be unlawful under this section and ss.
  565  934.04-934.09 for any person:
  566         1. To intercept or access an electronic communication made
  567  through an electronic communication system that is configured so
  568  that such electronic communication is readily accessible to the
  569  general public.
  570         2. To intercept any radio communication which is
  571  transmitted:
  572         a. By any station for the use of the general public, or
  573  that relates to ships, aircraft, vehicles, or persons in
  574  distress;
  575         b. By any governmental, law enforcement, civil defense,
  576  private land mobile, or public safety communications system,
  577  including any police or fire communications system, readily
  578  accessible to the general public;
  579         c. By a station operating on an authorized frequency within
  580  the bands allocated to the amateur, citizens band, or general
  581  mobile radio services; or
  582         d. By any marine or aeronautical communications system.
  583         3. To engage in any conduct which:
  584         a. Is prohibited by s. 633 of the Communications Act of
  585  1934; or
  586         b. Is excepted from the application of s. 705(a) of the
  587  Communications Act of 1934 by s. 705(b) of that act.
  588         4. To intercept any wire or electronic communication the
  589  transmission of which is causing harmful interference to any
  590  lawfully operating station of consumer electronic equipment to
  591  the extent necessary to identify the source of such
  592  interference.
  593         5. To intercept, if such person is another user of the same
  594  frequency, any radio communication that is not scrambled or
  595  encrypted made through a system that utilizes frequencies
  596  monitored by individuals engaged in the provision or the use of
  597  such system.
  598         6. To intercept a satellite transmission that is not
  599  scrambled or encrypted and that is transmitted:
  600         a. To a broadcasting station for purposes of retransmission
  601  to the general public; or
  602         b. As an audio subcarrier intended for redistribution to
  603  facilities open to the public, but not including data
  604  transmissions or telephone calls, when such interception is not
  605  for the purposes of direct or indirect commercial advantage or
  606  private financial gain.
  607         7. To intercept and privately view a private satellite
  608  video communication that is not scrambled or encrypted or to
  609  intercept a radio communication that is transmitted on
  610  frequencies allocated under subpart D of part 74 of the rules of
  611  the Federal Communications Commission that is not scrambled or
  612  encrypted, if such interception is not for a tortious or illegal
  613  purpose or for purposes of direct or indirect commercial
  614  advantage or private commercial gain.
  615         (i) It shall not be unlawful under this section and ss.
  616  934.04-934.09:
  617         1. To use a pen register or a trap and trace device as
  618  authorized under ss. 934.31-934.34 or under federal law; or
  619         2. For a provider of electronic communication service to
  620  record the fact that a wire or electronic communication was
  621  initiated or completed in order to protect such provider,
  622  another provider furnishing service toward the completion of the
  623  wire or electronic communication, or a user of that service,
  624  from fraudulent, unlawful, or abusive use of such service.
  625         (j) It is not unlawful under this section and ss. 934.04
  626  934.09 for a person acting under color of law to intercept the
  627  wire or electronic communications of a computer trespasser which
  628  are transmitted to, through, or from a protected computer if:
  629         1. The owner or operator of the protected computer
  630  authorizes the interception of the communications of the
  631  computer trespasser;
  632         2. The person acting under color of law is lawfully engaged
  633  in an investigation;
  634         3. The person acting under color of law has reasonable
  635  grounds to believe that the contents of the communications of
  636  the computer trespasser will be relevant to the investigation;
  637  and
  638         4. The interception does not acquire communications other
  639  than those transmitted to, through, or from the computer
  640  trespasser.
  641         (k) It is lawful under this section and ss. 934.04-934.09
  642  for a child under 18 years of age to intercept and record an
  643  oral communication if the child is a party to the communication
  644  and has reasonable grounds to believe that recording the
  645  communication will capture a statement by another party to the
  646  communication that the other party intends to commit, is
  647  committing, or has committed an unlawful sexual act or an
  648  unlawful act of physical force or violence against the child.
  649         (3)
  650         (b) A person or entity providing electronic communication
  651  service to the public may divulge the contents of any such
  652  communication:
  653         1. As otherwise authorized in paragraph (2)(a) or s.
  654  934.08;
  655         2. With the lawful consent of the originator or any
  656  addressee or intended recipient of such communication;
  657         3. To a person employed or authorized, or whose facilities
  658  are used, to forward such communication to its destination; or
  659         4. Which were inadvertently obtained by the service
  660  provider and which appear to pertain to the commission of a
  661  crime, if such divulgence is made to a law enforcement agency.
  662         Section 5. Subsections (1) and (2) of section 934.07,
  663  Florida Statutes, are amended to read:
  664         934.07 Authorization for interception of wire, oral, or
  665  electronic communications.—
  666         (1) The Governor, the Attorney General, the statewide
  667  prosecutor, or any state attorney may authorize an application
  668  to a judge of competent jurisdiction for, and such judge may
  669  issue grant in conformity with ss. 934.03-934.09, a warrant as
  670  required by law or an order authorizing or approving the
  671  interception of, wire, oral, or electronic communications by:
  672         (a) The Department of Law Enforcement or any law
  673  enforcement agency as defined in s. 934.02 having responsibility
  674  for the investigation of the offense as to which the application
  675  is made when such interception may provide or has provided
  676  evidence of the commission of the offense of murder, kidnapping,
  677  aircraft piracy, arson, gambling, robbery, burglary, theft,
  678  dealing in stolen property, criminal usury, bribery, or
  679  extortion; any felony violation of ss. 790.161-790.166,
  680  inclusive; any violation of s. 787.06; any violation of chapter
  681  893; any violation of the provisions of the Florida Anti-Fencing
  682  Act; any violation of chapter 895; any violation of chapter 896;
  683  any violation of chapter 815; any violation of chapter 847; any
  684  violation of s. 827.071; any violation of s. 944.40; or any
  685  conspiracy or solicitation to commit any violation of the laws
  686  of this state relating to the crimes specifically enumerated in
  687  this paragraph.
  688         (b) The Department of Law Enforcement, together with other
  689  assisting personnel as authorized and requested by the
  690  department under s. 934.09(5), for the investigation of the
  691  offense as to which the application is made when such
  692  interception may provide or has provided evidence of the
  693  commission of any offense that may be an act of terrorism or in
  694  furtherance of an act of terrorism or evidence of any conspiracy
  695  or solicitation to commit any such violation.
  696         (2)(a) If, during the course of an interception of
  697  communications by a law enforcement agency as authorized under
  698  paragraph (1)(a), the law enforcement agency finds that the
  699  intercepted communications may provide or have provided evidence
  700  of the commission of any offense that may be an act of terrorism
  701  or in furtherance of an act of terrorism, or evidence of any
  702  conspiracy or solicitation to commit any such violation, the law
  703  enforcement agency shall promptly notify the Department of Law
  704  Enforcement and apprise the department of the contents of the
  705  intercepted communications. The agency notifying the department
  706  may continue its previously authorized interception with
  707  appropriate minimization, as applicable, and may otherwise
  708  assist the department as provided in this section.
  709         (b) Upon its receipt of information of the contents of an
  710  intercepted communications from a law enforcement agency, the
  711  Department of Law Enforcement shall promptly review the
  712  information to determine whether the information relates to an
  713  actual or anticipated act of terrorism as defined in this
  714  section. If, after reviewing the contents of the intercepted
  715  communications, there is probable cause that the contents of the
  716  intercepted communications meet the criteria of paragraph
  717  (1)(b), the Department of Law Enforcement may make application
  718  for the interception of wire, oral, or electronic communications
  719  consistent with paragraph (1)(b). The department may make an
  720  independent new application for interception based on the
  721  contents of the intercepted communications. Alternatively, the
  722  department may request the law enforcement agency that provided
  723  the information to join with the department in seeking a new
  724  warrant as required by law or an amendment of the original
  725  interception order, or may seek additional authority to continue
  726  intercepting communications under the direction of the
  727  department. In carrying out its duties under this section, the
  728  department may use the provisions for an emergency interception
  729  provided in s. 934.09(7) if applicable under statutory criteria.
  730         Section 6. Subsection (5) of section 934.08, Florida
  731  Statutes, is amended to read:
  732         934.08 Authorization for disclosure and use of intercepted
  733  wire, oral, or electronic communications.—
  734         (5) When an investigative or law enforcement officer, while
  735  engaged in intercepting wire, oral, or electronic communications
  736  in the manner authorized herein, intercepts wire, oral, or
  737  electronic communications relating to offenses other than those
  738  specified in the warrant or order of authorization or approval,
  739  the contents thereof and evidence derived therefrom may be
  740  disclosed or used as provided in subsections (1) and (2). Such
  741  contents and any evidence derived therefrom may be used under
  742  subsection (3) when authorized or approved by a judge of
  743  competent jurisdiction when such judge finds on subsequent
  744  application that the contents were otherwise intercepted in
  745  accordance with the provisions of this chapter. Such application
  746  shall be made as soon as practicable.
  747         Section 7. Section 934.09, Florida Statutes, is amended to
  748  read:
  749         934.09 Procedure for interception of wire, oral, or
  750  electronic communications.—
  751         (1) Each application for a warrant an order authorizing or
  752  approving the interception of a wire, oral, or electronic
  753  communication under ss. 934.03-934.09 shall be made in writing
  754  upon oath or affirmation to a judge of competent jurisdiction
  755  and shall state the applicant’s authority to make such
  756  application. Each application shall include the following
  757  information:
  758         (a) The identity of the investigative or law enforcement
  759  officer making the application and the officer authorizing the
  760  application.
  761         (b) A full and complete statement of the facts and
  762  circumstances relied upon by the applicant to justify his or her
  763  belief that a warrant an order should be issued, including:
  764         1. Details as to the particular offense that has been, is
  765  being, or is about to be committed.
  766         2. Except as provided in subsection (11), a particular
  767  description of the nature and location of the facilities from
  768  which, or the place where, the communications are to be
  769  intercepted.
  770         3. A particular description of the type of communications
  771  sought to be intercepted.
  772         4. The identity of the person, if known, committing the
  773  offense and whose communications are to be intercepted.
  774         (c) A full and complete statement as to whether or not
  775  other investigative procedures have been tried and failed or why
  776  they reasonably appear to be unlikely to succeed if tried or to
  777  be too dangerous.
  778         (d) A statement of the period of time for which the
  779  interception is required to be maintained and, if the nature of
  780  the investigation is such that the authorization for
  781  interception should not automatically terminate when the
  782  described type of communication has been first obtained, a
  783  particular description of facts establishing probable cause to
  784  believe that additional communications of the same type will
  785  occur thereafter.
  786         (e) A full and complete statement of the facts concerning
  787  all previous applications known to the individual authorizing
  788  and making the application, made to any judge for authorization
  789  to intercept, or for approval of interceptions of, wire, oral,
  790  or electronic communications involving any of the same persons,
  791  facilities, or places specified in the application, and the
  792  action taken by the judge on each such application.
  793         (f) When the application is for the extension of a warrant
  794  an order, a statement setting forth the results thus far
  795  obtained from the interception or a reasonable explanation of
  796  the failure to obtain such results.
  797         (2) The judge may require the applicant to furnish
  798  additional testimony or documentary evidence in support of the
  799  application.
  800         (3) Upon such application, the judge may authorize a
  801  warrant enter an ex parte order, as requested or as modified,
  802  authorizing or approving interception of wire, oral, or
  803  electronic communications within the territorial jurisdiction of
  804  the court in which the judge is sitting, and outside such
  805  jurisdiction but within the State of Florida in the case of a
  806  mobile interception device authorized by the judge within such
  807  jurisdiction, if the judge determines on the basis of the facts
  808  submitted by the applicant that:
  809         (a) There is probable cause for belief that an individual
  810  is committing, has committed, or is about to commit an offense
  811  as provided in s. 934.07.
  812         (b) There is probable cause for belief that particular
  813  communications concerning that offense will be obtained through
  814  such interception.
  815         (c) Normal investigative procedures have been tried and
  816  have failed or reasonably appear to be unlikely to succeed if
  817  tried or to be too dangerous.
  818         (d) Except as provided in subsection (11), there is
  819  probable cause for belief that the facilities from which, or the
  820  place where, the wire, oral, or electronic communications are to
  821  be intercepted are being used, or are about to be used, in
  822  connection with the commission of such offense, or are leased
  823  to, listed in the name of, or commonly used by such person.
  824         (4) Each warrant order authorizing or approving the
  825  interception of any wire, oral, or electronic communication
  826  shall specify:
  827         (a) The identity of the person, if known, whose
  828  communications are to be intercepted.
  829         (b) The nature and location of the communications
  830  facilities as to which, or the place where, authority to
  831  intercept is granted.
  832         (c) A particular description of the type of communication
  833  sought to be intercepted and a statement of the particular
  834  offense to which it relates.
  835         (d) The identity of the agency authorized to intercept the
  836  communications and of the person authorizing the application.
  837         (e) The period of time during which such interception is
  838  authorized, including a statement as to whether or not the
  839  interception shall automatically terminate when the described
  840  communication has been first obtained.
  841  
  842  A warrant An order authorizing the interception of a wire, oral,
  843  or electronic communication shall, upon the request of the
  844  applicant, direct that a provider of wire or electronic
  845  communication service, landlord, custodian, or other person
  846  shall furnish the applicant forthwith all information,
  847  facilities, and technical assistance necessary to accomplish the
  848  interception unobtrusively and with a minimum of interference
  849  with the services that such service provider, landlord,
  850  custodian, or person is according the person whose
  851  communications are to be intercepted. The obligation of a
  852  provider of wire, oral, or electronic communication service
  853  under such a warrant an order may include, but is not limited
  854  to, conducting an in-progress trace during an interception, or
  855  providing other assistance to support the investigation as may
  856  be specified in the warrant order. Any provider of wire or
  857  electronic communication service, landlord, custodian, or other
  858  person furnishing such facilities or technical assistance shall
  859  be compensated therefor by the applicant for reasonable expenses
  860  incurred in providing such facilities or assistance.
  861         (5) No warrant order entered under this section may
  862  authorize or approve the interception of any wire, oral, or
  863  electronic communication for any period longer than is necessary
  864  to achieve the objective of the authorization or in any event
  865  longer than 30 days. Such 30-day period begins on the day on
  866  which the agent or officer of the law enforcement agency first
  867  begins to conduct an interception under the warrant order or 10
  868  days after the warrant is approved order is entered, whichever
  869  occurs earlier. Extensions of a warrant an order may be granted
  870  but only upon application for an extension made in accordance
  871  with subsection (1) and upon the court making the findings
  872  required by subsection (3). The period of extension shall be no
  873  longer than the authorizing judge deems necessary to achieve the
  874  purposes for which it was granted and in no event for longer
  875  than 30 days. Every warrant order and extension thereof shall
  876  contain a provision that the authorization to intercept shall be
  877  executed as soon as practicable, shall be conducted in such a
  878  way as to minimize the interception of communications not
  879  otherwise subject to interception under ss. 934.03-934.09, and
  880  must terminate upon attainment of the authorized objective or in
  881  any event in 30 days. If the intercepted communication is in
  882  code or foreign language and an expert in that foreign language
  883  or code is not reasonably available during the interception
  884  period, minimization may be accomplished as soon as practicable
  885  after such interception. An interception under ss. 934.03-934.09
  886  may be conducted in whole or in part by government personnel or
  887  by an individual operating under a contract with the government,
  888  acting under the supervision of an agent or officer of the law
  889  enforcement agency authorized to conduct the interception.
  890         (6) Whenever a warrant an order authorizing interception is
  891  granted entered pursuant to ss. 934.03-934.09, the warrant order
  892  may require reports to be made to the judge who issued the
  893  warrant order showing what progress has been made toward
  894  achievement of the authorized objective and the need for
  895  continued interception. Such reports shall be made at such
  896  intervals as the judge may require.
  897         (7) Notwithstanding any other provision of this chapter,
  898  any investigative or law enforcement officer specially
  899  designated by the Governor, the Attorney General, the statewide
  900  prosecutor, or a state attorney acting under this chapter, who
  901  reasonably determines that:
  902         (a) An emergency exists that:
  903         1. Involves immediate danger of death or serious physical
  904  injury to any person, the danger of escape of a prisoner, or
  905  conspiratorial activities threatening the security interest of
  906  the nation or state; and
  907         2. Requires that a wire, oral, or electronic communication
  908  be intercepted before a warrant an order authorizing such
  909  interception can, with due diligence, be obtained; and
  910         (b) There are grounds upon which a warrant an order could
  911  be entered under this chapter to authorize such interception
  912  
  913  may intercept such wire, oral, or electronic communication if an
  914  application for a warrant an order approving the interception is
  915  made in accordance with this section within 48 hours after the
  916  interception has occurred or begins to occur. In the absence of
  917  a warrant an order, such interception shall immediately
  918  terminate when the communication sought is obtained or when the
  919  application for the warrant order is denied, whichever is
  920  earlier. If such application for approval is denied, or in any
  921  other case in which the interception is terminated without a
  922  warrant an order having been issued, the contents of any wire,
  923  oral, or electronic communication intercepted shall be treated
  924  as having been obtained in violation of s. 934.03(4), and an
  925  inventory shall be served as provided for in paragraph (8)(e) on
  926  the person named in the application.
  927         (8)(a) The contents of any wire, oral, or electronic
  928  communication intercepted by any means authorized by ss. 934.03
  929  934.09 shall, if possible, be recorded on tape or wire or other
  930  comparable device. The recording of the contents of any wire,
  931  oral, or electronic communication under this subsection shall be
  932  kept in such a way as will protect the recording from editing or
  933  other alterations. Immediately upon the expiration of the period
  934  of the warrant order, or extensions thereof, such recordings
  935  shall be made available to the judge approving the warrant
  936  issuing such order and sealed under his or her directions.
  937  Custody of the recordings shall be wherever the judge orders.
  938  They shall not be destroyed except upon an order of the issuing
  939  or denying judge, or that judge’s successor in office, and in
  940  any event shall be kept for 10 years. Duplicate recordings may
  941  be made for use or disclosure pursuant to the provisions of s.
  942  934.08(1) and (2) for investigations, or for purposes of
  943  discovery as required by law.
  944         (b) The presence of the seal provided for by this
  945  subsection, or a satisfactory explanation for the absence
  946  thereof, shall be a prerequisite for the use or disclosure of
  947  the contents of any wire, oral, or electronic communication or
  948  evidence derived therefrom under s. 934.08(3), as required by
  949  federal law.
  950         (c) Applications made and warrants orders granted under ss.
  951  934.03-934.09 shall be sealed by the judge. Custody of the
  952  applications and warrants orders shall be wherever the judge
  953  directs. As required by federal law, such applications and
  954  warrants orders shall be disclosed only for purposes of
  955  discovery or upon a showing of good cause before a judge of
  956  competent jurisdiction and shall not be destroyed except on
  957  order of the issuing or denying judge, or that judge’s successor
  958  in office, and in any event shall be kept for 10 years.
  959         (d) Any violation of the provisions of this subsection may
  960  be punished as contempt of the issuing or denying judge.
  961         (e) Within a reasonable time but not later than 90 days
  962  after the termination of the period of a warrant an order or
  963  extensions thereof, the issuing or denying judge shall cause to
  964  be served on the persons named in the warrant order or the
  965  application, and such other parties to intercepted
  966  communications as the judge may determine in his or her
  967  discretion to be in the interest of justice, an inventory which
  968  shall include notice of:
  969         1. The fact of the approval of the warrant entry of the
  970  order or the application.
  971         2. The date of the approval of the warrant entry and the
  972  period of authorized, approved, or disapproved interception, or
  973  the denial of the application.
  974         3. The fact that during the period wire, oral, or
  975  electronic communications were or were not intercepted.
  976  
  977  The judge, upon the filing of a motion, may make available to
  978  such person or the person’s counsel for inspection such portions
  979  of the intercepted communications, applications, and warrants
  980  orders as the judge determines to be in the interest of justice.
  981  On an ex parte showing of good cause to a judge of competent
  982  jurisdiction, the serving of the inventory required by this
  983  paragraph may be postponed.
  984         (9) As required by federal law, The contents of any
  985  intercepted wire, oral, or electronic communication or evidence
  986  derived therefrom shall not be received in evidence or otherwise
  987  disclosed in any trial, hearing, or other proceeding unless each
  988  party, not less than 10 days before the trial, hearing, or
  989  proceeding, has been furnished with a copy of the warrant court
  990  order and accompanying application under which the interception
  991  was authorized or approved. This 10-day period may be waived by
  992  the judge if he or she finds that it was not possible to furnish
  993  the party with the above information 10 days before the trial,
  994  hearing, or proceeding and that the party will not be prejudiced
  995  by the delay in receiving such information.
  996         (10)(a) An Any aggrieved person before or in any trial,
  997  hearing, or proceeding in or before any court, department,
  998  officer, agency, regulatory body, or other authority may move to
  999  suppress the contents of any intercepted wire, oral, or
 1000  electronic communication, or evidence derived therefrom, on the
 1001  grounds that:
 1002         1. The communication was unlawfully intercepted;
 1003         2. The warrant order of authorization or approval under
 1004  which it was intercepted is insufficient on its face; or
 1005         3. The interception was not made in conformity with the
 1006  warrant order of authorization or approval.
 1007         (b) Except as otherwise provided in the applicable Florida
 1008  Rules of Criminal Procedure, in a criminal matter:
 1009         1. Such motion shall be made before the trial, hearing, or
 1010  proceeding unless there was no opportunity to make such motion
 1011  or the person was not aware of the grounds of the motion.
 1012         2. If the motion is granted, the contents of the
 1013  intercepted wire or oral communication, or evidence derived
 1014  therefrom, shall be treated as having been obtained in violation
 1015  of ss. 934.03-934.09 and are not admissible as evidence.
 1016         3. The judge, upon the filing of such motion by the
 1017  aggrieved person, may make available to the aggrieved person or
 1018  his or her counsel for inspection such portions of the
 1019  intercepted communication or evidence derived therefrom as the
 1020  judge determines to be in the interest of justice.
 1021         (c)(b) In addition to any other right to appeal, the state
 1022  shall have the right to appeal from an order granting a motion
 1023  to suppress made under paragraph (a) or the denial of an
 1024  application for a warrant an order of approval if the attorney
 1025  shall certify to the judge or other official granting such
 1026  motion or denying such application that the appeal is not taken
 1027  for purposes of delay. Such appeal shall be taken within 30 days
 1028  after the date the order was entered and shall be diligently
 1029  prosecuted.
 1030         (d)(c) The remedies and sanctions described in ss. 934.03
 1031  934.10 with respect to the interception of electronic
 1032  communications are the only judicial remedies and sanctions for
 1033  violations of those sections involving such communications.
 1034         (11) The requirements of subparagraph (1)(b)2. and
 1035  paragraph (3)(d) relating to the specification of the facilities
 1036  from which, or the place where, the communication is to be
 1037  intercepted do not apply if:
 1038         (a) In the case of an application with respect to the
 1039  interception of an oral communication:
 1040         1. The application is by an agent or officer of a law
 1041  enforcement agency and is approved by the Governor, the Attorney
 1042  General, the statewide prosecutor, or a state attorney.
 1043         2. The application contains a full and complete statement
 1044  as to why such specification is not practical and identifies the
 1045  person committing the offense and whose communications are to be
 1046  intercepted.
 1047         3. The judge finds that such specification is not
 1048  practical.
 1049         (b) In the case of an application with respect to a wire or
 1050  electronic communication:
 1051         1. The application is by an agent or officer of a law
 1052  enforcement agency and is approved by the Governor, the Attorney
 1053  General, the statewide prosecutor, or a state attorney.
 1054         2. The application identifies the person believed to be
 1055  committing the offense and whose communications are to be
 1056  intercepted and the applicant makes a showing that there is
 1057  probable cause to believe that the person’s actions could have
 1058  the effect of thwarting interception from a specified facility
 1059  or that the person whose communications are to be intercepted
 1060  has removed, or is likely to remove, himself or herself to
 1061  another judicial circuit within the state.
 1062         3. The judge finds that such showing has been adequately
 1063  made.
 1064         4. The warrant order authorizing or approving the
 1065  interception is limited to interception only for such time as it
 1066  is reasonable to presume that the person identified in the
 1067  application is or was reasonably proximate to the instrument
 1068  through which such communication will be or was transmitted.
 1069  
 1070  Consistent with this paragraph, a judge of competent
 1071  jurisdiction may authorize interception within this state,
 1072  whether the interception is within or outside the court’s
 1073  jurisdiction, if the application for the interception makes a
 1074  showing that some activity or conspiracy believed to be related
 1075  to, or in furtherance of, the criminal predicate for the
 1076  requested interception has occurred or will likely occur, or the
 1077  communication to be intercepted or expected to be intercepted is
 1078  occurring or will likely occur, in whole or in part, within the
 1079  jurisdiction of the court where the order is being sought.
 1080         (12) If an interception of a communication is to be carried
 1081  out pursuant to subsection (11), such interception may not begin
 1082  until the facilities from which, or the place where, the
 1083  communication is to be intercepted is ascertained by the person
 1084  implementing the interception order. A provider of wire or
 1085  electronic communications service that has received an order as
 1086  provided under paragraph (11)(b) may petition the court to
 1087  modify or quash the order on the ground that the interception
 1088  cannot be performed in a timely or reasonable fashion. The
 1089  court, upon notice to the state, shall decide such a petition
 1090  expeditiously.
 1091         (13) Consistent with this section, a judge of competent
 1092  jurisdiction may authorize interception within this state,
 1093  whether the interception is within or outside the court’s
 1094  jurisdiction, if the application for the interception makes a
 1095  showing that some activity or conspiracy believed to be related
 1096  to, or in furtherance of, the criminal predicate for the
 1097  requested interception has occurred or will likely occur, or the
 1098  communication to be intercepted or expected to be intercepted is
 1099  occurring or will likely occur, in whole or in part, within the
 1100  jurisdiction of the court where the warrant is being sought.
 1101         Section 8. Subsection (2) of section 934.10, Florida
 1102  Statutes, is amended, and subsection (1) of that section is
 1103  republished, to read:
 1104         934.10 Civil remedies.—
 1105         (1) Any person whose wire, oral, or electronic
 1106  communication is intercepted, disclosed, or used in violation of
 1107  ss. 934.03-934.09 shall have a civil cause of action against any
 1108  person or entity who intercepts, discloses, or uses, or procures
 1109  any other person or entity to intercept, disclose, or use, such
 1110  communications and shall be entitled to recover from any such
 1111  person or entity which engaged in that violation such relief as
 1112  may be appropriate, including:
 1113         (a) Preliminary or equitable or declaratory relief as may
 1114  be appropriate;
 1115         (b) Actual damages, but not less than liquidated damages
 1116  computed at the rate of $100 a day for each day of violation or
 1117  $1,000, whichever is higher;
 1118         (c) Punitive damages; and
 1119         (d) A reasonable attorney’s fee and other litigation costs
 1120  reasonably incurred.
 1121         (2) A good faith reliance on:
 1122         (a) A warrant, court order, subpoena, or legislative
 1123  authorization as provided in ss. 934.03-934.09;,
 1124         (b) A request of an investigative or law enforcement
 1125  officer under s. 934.09(7);, or
 1126         (c) A good faith determination that Florida or federal law,
 1127  other than 18 U.S.C. s. 2511(2)(d), authorized permitted the
 1128  conduct complained of,
 1129  
 1130  constitutes shall constitute a complete defense to any civil or
 1131  criminal, or administrative action arising out of such conduct
 1132  under the laws of this state.
 1133         Section 9. Section 934.21, Florida Statutes, is amended to
 1134  read:
 1135         934.21 Unlawful access to stored communications;
 1136  penalties.—
 1137         (1) Except as provided in subsection (4)(3), whoever:
 1138         (a) Intentionally accesses without authorization a facility
 1139  through which an electronic communication service is provided,
 1140  or
 1141         (b) Intentionally exceeds an authorization to access such
 1142  facility,
 1143  
 1144  and thereby obtains, alters, or prevents authorized access to a
 1145  wire or electronic communication while it is in electronic
 1146  storage in such system shall be punished as provided in
 1147  subsection (3) (2).
 1148         (2) Except as provided in subsection (4), a person who
 1149  intentionally and unlawfully accesses without authorization a
 1150  cellular phone, portable electronic communication device, or
 1151  microphone-enabled household device and thereby obtains wire,
 1152  oral, or electronic communications stored within the cellular
 1153  phone, portable electronic communication device, or microphone
 1154  enabled household device shall be punished as provided in
 1155  subsection (3).
 1156         (3)(2) The punishment for an offense under subsection (1)
 1157  or subsection (2) is as follows:
 1158         (a) If the offense is committed for purposes of commercial
 1159  advantage, malicious destruction or damage, or private
 1160  commercial gain, the person is:
 1161         1. In the case of a first offense under this subsection,
 1162  commits guilty of a misdemeanor of the first degree, punishable
 1163  as provided in s. 775.082, s. 775.083, or s. 934.41.
 1164         2. In the case of any subsequent offense under this
 1165  subsection, commits guilty of a felony of the third degree,
 1166  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
 1167  s. 934.41.
 1168         (b) In any other case, the person commits is guilty of a
 1169  misdemeanor of the second degree, punishable as provided in s.
 1170  775.082 or s. 775.083.
 1171         (4)(3) Subsection (1) does not apply with respect to
 1172  conduct authorized:
 1173         (a) By the person or entity providing a wire or electronic
 1174  communications service;
 1175         (b) By a user of a wire or electronic communications
 1176  service with respect to a communication of or intended for that
 1177  user; or
 1178         (c) In s. 934.09, s. 934.23, or s. 934.24.
 1179         Section 10. Section 934.42, Florida Statutes, is reordered
 1180  and amended to read:
 1181         934.42 Mobile tracking device and location tracking
 1182  authorization.—
 1183         (2)(1) An investigative or law enforcement officer may make
 1184  application to a judge of competent jurisdiction for a warrant
 1185  an order authorizing or approving the installation and use of a
 1186  mobile tracking device or the acquisition of cellular-site
 1187  location data, precise global positioning satellite location
 1188  data, or historical global positioning satellite data.
 1189         (3)(2) An application under subsection (2) (1) of this
 1190  section must include:
 1191         (a) A statement of the identity of the applicant and the
 1192  identity of the law enforcement agency conducting the
 1193  investigation.
 1194         (b) A statement setting forth a reasonable length of time
 1195  that the mobile tracking device may be used. The time may not
 1196  exceed 45 days after the date the warrant was issued. The court
 1197  may, for good cause, grant one or more extensions for a
 1198  reasonable period not to exceed 45 days each A certification by
 1199  the applicant that the information likely to be obtained is
 1200  relevant to an ongoing criminal investigation being conducted by
 1201  the investigating agency.
 1202         (c) A statement of the offense to which the information
 1203  likely to be obtained relates.
 1204         (d) A statement whether it may be necessary to use and
 1205  monitor the mobile tracking device outside the jurisdiction of
 1206  the court from which authorization is being sought.
 1207         (4)(3) Upon application made as provided under subsection
 1208  (3) (2), the court, if it finds probable cause, that the
 1209  certification and the statements required by subsection (3) (2)
 1210  have been made in the application, shall grant a warrant enter
 1211  an ex parte order authorizing the installation and use of a
 1212  mobile tracking device. Such warrant order may authorize the use
 1213  of the device within the jurisdiction of the court and outside
 1214  that jurisdiction but within the State of Florida if the device
 1215  is installed within the jurisdiction of the court. The warrant
 1216  must command the officer to complete any installation authorized
 1217  by the warrant within a specified timeframe after issuance, to
 1218  be no longer than 10 calendar days.
 1219         (5)(4) A court may not require greater specificity or
 1220  additional information beyond that which is required by law and
 1221  this section as a requisite for issuing a warrant an order.
 1222         (6) Within 10 days after the use of the tracking device has
 1223  ended, the officer executing the warrant must return it to the
 1224  judge designated in the warrant. The officer may do so by
 1225  reliable electronic means.
 1226         (7) Within 10 days after the use of the tracking device has
 1227  ended, the officer executing a tracking-device warrant must
 1228  serve a copy of the warrant on the person who was tracked or
 1229  whose property was tracked. Service may be accomplished by
 1230  delivering a copy to the person who, or whose property, was
 1231  tracked; or by leaving a copy at the person’s residence or usual
 1232  place of abode with an individual of suitable age and discretion
 1233  who resides at that location and by mailing a copy to the
 1234  person’s last known address. Upon request by the law enforcement
 1235  agency, the court may delay notice for a period of 90 days as
 1236  provided in s. 934.25.
 1237         (8)(5) The standards established by Florida courts and the
 1238  United States Supreme Court for the installation, use, or and
 1239  monitoring of mobile tracking devices shall apply to the
 1240  installation, use, or monitoring and use of any device as
 1241  authorized by this section.
 1242         (1)(6) As used in this section, the term “mobile tracking
 1243  device” or a “tracking device” means an electronic or mechanical
 1244  device, including a cellular phone or a portable electronic
 1245  communication device, which allows permits the tracking of the
 1246  movement of a person or object and may be used to access
 1247  cellular-site location data, precise global positioning
 1248  satellite location data, and historical global positioning
 1249  satellite data.
 1250         (9)(a) Notwithstanding any other provision of this chapter,
 1251  any investigative or law enforcement officer specially
 1252  designated by the Governor, the Attorney General, the statewide
 1253  prosecutor, or a state attorney acting pursuant to this chapter
 1254  who reasonably determines that:
 1255         1. An emergency exists which:
 1256         a. Involves immediate danger of death or serious physical
 1257  injury to any person or the danger of escape of a prisoner; and
 1258         b. Requires the installation or use of a mobile tracking
 1259  device before a warrant authorizing such installation or use
 1260  can, with due diligence, be obtained; and
 1261         2. There are grounds upon which a warrant could be issued
 1262  under this chapter to authorize such installation or use,
 1263  
 1264  may install or use a mobile tracking device if, within 48 hours
 1265  after the installation or use has occurred or begins to occur, a
 1266  warrant approving the installation or use is issued in
 1267  accordance with this section.
 1268         (b) In the absence of an authorizing warrant, such
 1269  installation or use shall immediately terminate when the
 1270  information sought is obtained, when the application for the
 1271  warrant is denied, or when 48 hours have lapsed since the
 1272  installation or use of the mobile tracking device began,
 1273  whichever is earlier.
 1274         (c) The knowing installation or use by any investigative or
 1275  law enforcement officer of a mobile tracking device pursuant to
 1276  paragraph (a) without application for the authorizing warrant
 1277  within 48 hours after the installation or use begins is a
 1278  violation of this subsection.
 1279         (d) A person who violates this subsection commits a
 1280  misdemeanor of the first degree, punishable as provided in s.
 1281  775.082, s. 775.083, or s. 775.084.
 1282         Section 11. For the purpose of incorporating the amendments
 1283  made by this act to sections 934.03 and 934.07, Florida
 1284  Statutes, in a reference thereto, paragraph (b) of subsection
 1285  (2) of section 934.22, Florida Statutes, is reenacted to read:
 1286         934.22 Voluntary disclosure of customer communications or
 1287  records.—
 1288         (2) A provider described in subsection (1) may divulge the
 1289  contents of a communication:
 1290         (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07,
 1291  or s. 934.23.
 1292         Section 12. For the purpose of incorporating the amendments
 1293  made by this act to sections 934.09 and 934.21, Florida
 1294  Statutes, in references thereto, subsections (1) and (4) of
 1295  section 934.27, Florida Statutes, are reenacted to read:
 1296         934.27 Civil action: relief; damages; defenses.—
 1297         (1) Except as provided in s. 934.23(5), any provider of
 1298  electronic communication service, or subscriber or customer
 1299  thereof, aggrieved by any violation of ss. 934.21-934.28 in
 1300  which the conduct constituting the violation is engaged in with
 1301  a knowing or intentional state of mind may, in a civil action,
 1302  recover from the person or entity which engaged in that
 1303  violation such relief as is appropriate.
 1304         (4) A good faith reliance on any of the following is a
 1305  complete defense to any civil or criminal action brought under
 1306  ss. 934.21-934.28:
 1307         (a) A court warrant or order, a subpoena, or a statutory
 1308  authorization, including, but not limited to, a request of an
 1309  investigative or law enforcement officer to preserve records or
 1310  other evidence, as provided in s. 934.23(7).
 1311         (b) A request of an investigative or law enforcement
 1312  officer under s. 934.09(7).
 1313         (c) A good faith determination that s. 934.03(3) permitted
 1314  the conduct complained of.
 1315         Section 13. For the purpose of incorporating the amendment
 1316  made by this act to section 934.21, Florida Statutes, in a
 1317  reference thereto, subsection (6) of section 934.23, Florida
 1318  Statutes, is reenacted to read:
 1319         934.23 Required disclosure of customer communications or
 1320  records.—
 1321         (6) No cause of action shall lie in any court against any
 1322  provider of wire or electronic communication service, its
 1323  officers, employees, agents, or other specified persons for
 1324  providing information, facilities, or assistance in accordance
 1325  with the terms of a court order, warrant, subpoena, or
 1326  certification under ss. 934.21-934.28.
 1327         Section 14. For the purpose of incorporating the amendment
 1328  made by this act to section 934.21, Florida Statutes, in
 1329  references thereto, subsections (6) and (7) of section 934.24,
 1330  Florida Statutes, are reenacted to read:
 1331         934.24 Backup preservation; customer notification;
 1332  challenges by customer.—
 1333         (6) Within 14 days after notice by the investigative or law
 1334  enforcement officer to the subscriber or customer under
 1335  subsection (2), the subscriber or customer may file a motion to
 1336  quash the subpoena or vacate the court order seeking contents of
 1337  electronic communications, with copies served upon the
 1338  investigative or law enforcement officer and with written notice
 1339  of such challenge to the service provider. A motion to vacate a
 1340  court order must be filed in the court which issued the order. A
 1341  motion to quash a subpoena must be filed in the circuit court in
 1342  the circuit from which the subpoena issued. Such motion or
 1343  application must contain an affidavit or sworn statement:
 1344         (a) Stating that the applicant is a subscriber or customer
 1345  of the service from which the contents of electronic
 1346  communications maintained for her or him have been sought, and
 1347         (b) Stating the applicant’s reasons for believing that the
 1348  records sought are not relevant to a legitimate law enforcement
 1349  inquiry or that there has not been substantial compliance with
 1350  the provisions of ss. 934.21-934.28 in some other respect.
 1351         (7) Except as otherwise obtained under paragraph (3)(a),
 1352  service must be made under this section upon an investigative or
 1353  law enforcement officer by delivering or mailing by registered
 1354  or certified mail a copy of the papers to the person, office, or
 1355  department specified in the notice which the subscriber or
 1356  customer has received pursuant to ss. 934.21-934.28. For the
 1357  purposes of this subsection, the term “delivering” shall be
 1358  construed in accordance with the definition of “delivery” as
 1359  provided in Rule 1.080, Florida Rules of Civil Procedure.
 1360         Section 15. For the purpose of incorporating the amendment
 1361  made by this act to section 934.21, Florida Statutes, in a
 1362  reference thereto, subsection (5) of section 934.25, Florida
 1363  Statutes, is reenacted to read:
 1364         934.25 Delayed notice.—
 1365         (5) Upon the expiration of the period of delay of
 1366  notification under subsection (1) or subsection (4), the
 1367  investigative or law enforcement officer must serve upon or
 1368  deliver by registered or first-class mail to the subscriber or
 1369  customer a copy of the process or request together with notice
 1370  which:
 1371         (a) States with reasonable specificity the nature of the
 1372  law enforcement inquiry, and
 1373         (b) Informs the subscriber or customer:
 1374         1. That information maintained for such subscriber or
 1375  customer by the service provider named in the process or request
 1376  was supplied to or requested by the investigative or law
 1377  enforcement officer and the date on which such information was
 1378  so supplied or requested.
 1379         2. That notification of such subscriber or customer was
 1380  delayed.
 1381         3. What investigative or law enforcement officer or what
 1382  court made the certification or determination pursuant to which
 1383  that delay was made.
 1384         4. Which provision of ss. 934.21-934.28 allowed such delay.
 1385         Section 16. For the purpose of incorporating the amendment
 1386  made by this act to section 934.21, Florida Statutes, in a
 1387  reference thereto, section 934.28, Florida Statutes, is
 1388  reenacted to read:
 1389         934.28 Exclusivity of remedies and sanctions.—The remedies
 1390  and sanctions described in ss. 934.21-934.27 are the only
 1391  judicial remedies and sanctions for violation of those sections.
 1392         Section 17. This act shall take effect July 1, 2018.