Senate Bill sb0012C

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    Florida Senate - 2001                                  SB 12-C

    By Senators Brown-Waite and Smith





    10-683A-02

  1                      A bill to be entitled

  2         An act relating to the interception of

  3         communications; amending s. 934.07, F.S.;

  4         adding aircraft piracy to the list of crimes

  5         for which interception of communications may be

  6         authorized; adding solicitation to commit

  7         certain offenses to the list of crimes for

  8         which interception of communications may be

  9         authorized; authorizing application for

10         interception by the Department of Law

11         Enforcement of certain communications relevant

12         to offenses that are acts of terrorism or in

13         furtherance of acts of terrorism; amending s.

14         934.09, F.S.; allowing a judge, in

15         investigations of acts of terrorism, to

16         authorize the continued interception anywhere

17         within the state of wire, oral, or electronic

18         communications under specified conditions;

19         providing for the future expiration of

20         provisions granting such authority; providing

21         effective dates.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 934.07, Florida Statutes, is

26  amended to read:

27         934.07  Authorization for interception of wire, oral,

28  or electronic communications.--

29         (1)  The Governor, the Attorney General, the statewide

30  prosecutor, or any state attorney may authorize an application

31  to a judge of competent jurisdiction for, and such judge may

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    Florida Senate - 2001                                  SB 12-C
    10-683A-02




  1  grant in conformity with ss. 934.03-934.09, an order

  2  authorizing or approving the interception of, wire, oral, or

  3  electronic communications by:

  4         (a)  The Department of Law Enforcement or any law

  5  enforcement agency as defined in s. 934.02 having

  6  responsibility for the investigation of the offense as to

  7  which the application is made when such interception may

  8  provide or has provided evidence of the commission of the

  9  offense of murder, kidnapping, aircraft piracy, arson,

10  gambling, robbery, burglary, theft, dealing in stolen

11  property, criminal usury, bribery, or extortion; any violation

12  of chapter 893; any violation of the provisions of the Florida

13  Anti-Fencing Act; any violation of chapter 895; any violation

14  of chapter 896; any violation of chapter 815; any violation of

15  chapter 847; any violation of s. 827.071; any violation of s.

16  944.40; or any conspiracy or solicitation to commit any

17  violation of the laws of this state relating to the crimes

18  specifically enumerated in this paragraph above.

19         (b)  The Department of Law Enforcement for the

20  investigation of the offense as to which the application is

21  made when such interception may provide or has provided

22  evidence of the commission of any offense that may be an act

23  of terrorism or in furtherance of an act of terrorism or

24  evidence of any conspiracy or solicitation to commit any such

25  violation.

26         (2)  As used in this section, the term "terrorism"

27  means an activity that:

28         (a)1.  Involves a violent act or an act dangerous to

29  human life which is a violation of the criminal laws of this

30  state or of the United States; or

31         2.  Involves a violation of s. 815.06; and 

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    Florida Senate - 2001                                  SB 12-C
    10-683A-02




  1         (b)  Is intended to:

  2         1.  Intimidate, injure, or coerce a civilian

  3  population;

  4         2.  Influence the policy of a government by

  5  intimidation or coercion; or

  6         3.  Affect the conduct of government through

  7  destruction of property, assassination, murder, kidnapping, or

  8  aircraft piracy.

  9         Section 2.  Paragraph (b) of subsection (11) of section

10  934.09, Florida Statutes, is amended to read:

11         934.09  Procedure for interception of wire, oral, or

12  electronic communications.--

13         (11)  The requirements of subparagraph (1)(b)2. and

14  paragraph (3)(d) relating to the specification of the

15  facilities from which, or the place where, the communication

16  is to be intercepted do not apply if:

17         (b)  In the case of an application with respect to a

18  wire or electronic communication:

19         1.  The application is by an agent or officer of a law

20  enforcement agency and is approved by the Governor, the

21  Attorney General, the statewide prosecutor, or a state

22  attorney.

23         2.  The application identifies the person believed to

24  be committing the offense and whose communications are to be

25  intercepted and the applicant makes a showing that there is

26  probable cause to believe that the person's actions could have

27  the effect of thwarting interception from a specified facility

28  or that the person whose communications are to be intercepted

29  has removed, or is likely to remove, himself or herself to

30  another judicial circuit within the state.

31

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    Florida Senate - 2001                                  SB 12-C
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  1         3.  The judge finds that such showing has been

  2  adequately made.

  3         4.  The order authorizing or approving the interception

  4  is limited to interception only for such time as it is

  5  reasonable to presume that the person identified in the

  6  application is or was reasonably proximate to the instrument

  7  through which such communication will be or was transmitted.

  8

  9  Consistent with this paragraph and limited to investigations

10  of acts of terrorism, as that term is defined in s. 934.07,

11  the court may authorize continued interception within this

12  state, both within and outside its jurisdiction, if the

13  original interception occurred within its jurisdiction.

14         Section 3.  Effective July 1, 2004, paragraph (b) of

15  subsection (11) of section 934.09, Florida Statutes, as

16  amended by this act, is amended to read:

17         934.09  Procedure for interception of wire, oral, or

18  electronic communications.--

19         (11)  The requirements of subparagraph (1)(b)2. and

20  paragraph (3)(d) relating to the specification of the

21  facilities from which, or the place where, the communication

22  is to be intercepted do not apply if:

23         (b)  In the case of an application with respect to a

24  wire or electronic communication:

25         1.  The application is by an agent or officer of a law

26  enforcement agency and is approved by the Governor, the

27  Attorney General, the statewide prosecutor, or a state

28  attorney.

29         2.  The application identifies the person believed to

30  be committing the offense and whose communications are to be

31  intercepted and the applicant makes a showing that there is

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    Florida Senate - 2001                                  SB 12-C
    10-683A-02




  1  probable cause to believe that the person's actions could have

  2  the effect of thwarting interception from a specified facility

  3  or that the person whose communications are to be intercepted

  4  has removed, or is likely to remove, himself or herself to

  5  another judicial circuit within the state.

  6         3.  The judge finds that such showing has been

  7  adequately made.

  8         4.  The order authorizing or approving the interception

  9  is limited to interception only for such time as it is

10  reasonable to presume that the person identified in the

11  application is or was reasonably proximate to the instrument

12  through which such communication will be or was transmitted.

13

14  Consistent with this paragraph and limited to investigations

15  of acts of terrorism, as that term is defined in s. 934.07,

16  the court may authorize continued interception within this

17  state, both within and outside its jurisdiction, if the

18  original interception occurred within its jurisdiction.

19         Section 4.  Except as otherwise provided in this act,

20  this act shall take effect upon becoming a law.

21

22            *****************************************

23                          SENATE SUMMARY

24    Provides for a judge to authorize the interception of
      communications for the purpose of an investigation
25    involving aircraft piracy. Provides for a judge to
      authorize the Department of Law Enforcement to intercept
26    certain communications relevant to an offense that is an
      act of terrorism or that furthers an act of terrorism.
27    Authorizes a judge to allow the continued interception of
      communications anywhere within the state under specified
28    circumstances. Provides for the future expiration of
      provisions granting such authority. (See bill for
29    details.)

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