Florida Senate - 2016                                     SB 674
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00829A-16                                           2016674__
    1                        A bill to be entitled                      
    2         An act relating to disclosure of call location
    3         information; creating s. 943.69, F.S.; defining the
    4         term “covered service”; requiring a provider of a
    5         covered service to furnish a user’s call location
    6         information to a law enforcement agency or to a public
    7         safety answering point on behalf of the law
    8         enforcement agency; requiring the request for call
    9         location information to be accompanied by a sworn
   10         written statement from the law enforcement agency, or
   11         a public safety answering point on behalf of the law
   12         enforcement agency, providing facts that support the
   13         agency’s probable cause belief under specified
   14         circumstances; prohibiting a governmental entity from
   15         bringing a cause of action against a provider of
   16         covered services or against a telecommunications
   17         carrier that acts in good faith; requiring a law
   18         enforcement agency to request a court order within a
   19         certain timeframe; requiring the Department of Law
   20         Enforcement to obtain and distribute specified
   21         information to law enforcement agencies and public
   22         safety answering points; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 943.69, Florida Statutes, is created to
   27  read:
   28         943.69 Call location information.—
   29         (1) As used in this section, the term “covered service”
   30  means:
   31         (a) A commercial mobile service as defined in 47 U.S.C. s.
   32  332(d);
   33         (b) An IP-enabled voice service as defined in 47 U.S.C. 615
   34  (b)(8); or
   35         (c) The tracking of the movement of a person or object by
   36  means of an electronic or mechanical device.
   37         (2) Notwithstanding chapter 934, upon a request made under
   38  this section by a law enforcement agency, or by a public safety
   39  answering point on behalf of the law enforcement agency, the
   40  provider of a covered service must furnish call location
   41  information for the user of a telecommunications device on the
   42  covered service’s network to the law enforcement agency or the
   43  public safety answering point, as appropriate.
   44         (3) A request for call location information made pursuant
   45  to this section must be accompanied by a sworn written statement
   46  from the law enforcement agency or by a public safety answering
   47  point on behalf of the law enforcement agency providing facts
   48  that support the agency’s probable cause to believe that
   49  disclosure without delay is required:
   50         (a) Due to an emergency involving risk of death or serious
   51  physical injury; or
   52         (b) In order to respond to the telecommunications device
   53  user’s call for emergency services.
   54         (4) A governmental entity may not bring a cause of action
   55  in any court or in any civil or administrative proceeding
   56  against a provider of covered services or against a
   57  telecommunications carrier, or its directors, officers,
   58  employees, agents, or vendors, for furnishing in good faith call
   59  location information or other information, facilities, or
   60  assistance in accordance with this section.
   61         (5) No later than 48 hours after a law enforcement agency
   62  or a public safety answering point on behalf of the law
   63  enforcement agency requests the call location information, the
   64  law enforcement agency or a public safety answering point on
   65  behalf of the law enforcement agency must request a court order
   66  determining whether it had probable cause to believe that the
   67  conditions provided in subsection (3) existed at the time of the
   68  request.
   69         (6) The department shall obtain contact information from
   70  all covered service providers authorized to do business in this
   71  state to facilitate a request from a law enforcement agency, or
   72  a public safety answering point on behalf of the law enforcement
   73  agency, for call location information under this section. The
   74  department shall disseminate the contact information to each
   75  local law enforcement agency and public safety answering point
   76  in this state.
   77         Section 2. This act shall take effect July 1, 2016.