Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1256
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 150 - 297
    4  and insert:
    5         (1) Except as provided in subsection (3), whoever:
    6         (a) Intentionally accesses without authorization a facility
    7  through which an electronic communication service is provided,
    8  or
    9         (b) Intentionally exceeds an authorization to access such
   10  facility,
   12  and thereby obtains, alters, or prevents authorized access to a
   13  wire or electronic communication while it is in electronic
   14  storage in such system shall be punished as provided in
   15  subsection (2).
   16         (2) The punishment for an offense under subsection (1) is
   17  as follows:
   18         (a) If the offense is committed for purposes of commercial
   19  advantage, malicious destruction or damage, or private
   20  commercial gain, the person is:
   21         1. In the case of a first offense under this subsection,
   22  commits guilty of a misdemeanor of the first degree, punishable
   23  as provided in s. 775.082, s. 775.083, or s. 934.41.
   24         2. In the case of any subsequent offense under this
   25  subsection, commits guilty of a felony of the third degree,
   26  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
   27  s. 934.41.
   28         (b) In any other case, the person is guilty of a
   29  misdemeanor of the second degree, punishable as provided in s.
   30  775.082 or s. 775.083.
   31         (3) Subsection (1) does not apply with respect to conduct
   32  authorized:
   33         (a) By the person or entity providing a wire, oral, or
   34  electronic communications service, including through cellular
   35  phones, portable electronic communication devices, or
   36  microphone-enabled household devices;
   37         (b) By a user of a wire, oral, or electronic communications
   38  service, including through cellular phones, portable electronic
   39  communication devices, or microphone-enabled household devices,
   40  with respect to a communication of or intended for that user; or
   41         (c) In s. 934.09, s. 934.23, or s. 934.24;
   42         (d) In chapter 933; or
   43         (e) For accessing for a legitimate business purpose
   44  information that is not personally identifiable or that has been
   45  collected in a way that prevents identification of the user of
   46  the device.
   47         Section 4. Section 934.42, Florida Statutes, is amended to
   48  read:
   49         934.42 Mobile tracking device and location tracking
   50  authorization.—
   51         (1) An investigative or law enforcement officer may make
   52  application to a judge of competent jurisdiction for a warrant
   53  an order authorizing or approving the installation and use of a
   54  mobile tracking device.
   55         (2) An application under subsection (1) of this section
   56  must include:
   57         (a) A statement of the identity of the applicant and the
   58  identity of the law enforcement agency conducting the
   59  investigation.
   60         (b) A statement setting forth a reasonable period of time
   61  that the tracking device may be used or the location data may be
   62  obtained in real-time, not exceed 45 days from the date the
   63  warrant is issued. The court may, for good cause, grant one or
   64  more extensions for a reasonable period of time, not to exceed
   65  45 days each certification by the applicant that the information
   66  likely to be obtained is relevant to an ongoing criminal
   67  investigation being conducted by the investigating agency.
   68         (c) A statement of the offense to which the information
   69  likely to be obtained relates.
   70         (d) A statement whether it may be necessary to use and
   71  monitor the mobile tracking device outside the jurisdiction of
   72  the court from which authorization is being sought.
   73         (3) Upon application made as provided under subsection (2),
   74  the court, if it finds probable cause, that the certification
   75  and that the statements required by subsection (2) have been
   76  made in the application, shall grant a warrant enter an ex parte
   77  order authorizing the installation and use of a mobile tracking
   78  device. Such warrant order may authorize the use of the device
   79  within the jurisdiction of the court and outside that
   80  jurisdiction but within the State of Florida if the device is
   81  installed within the jurisdiction of the court. The warrant must
   82  command the officer to complete any installation authorized by
   83  the warrant within a specified period of time not to exceed 10
   84  calendar days.
   85         (4) A court may not require greater specificity or
   86  additional information beyond that which is required by law and
   87  this section as a requisite for issuing a warrant an order.
   88         (5)Within 10 days after the time period specified in
   89  paragraph (2)(b) has ended, the officer executing a warrant must
   90  return the warrant to the issuing judge. When the warrant is
   91  authorizing historical global positioning satellite location
   92  data, the office executing the warrant must return the warrant
   93  to the issuing judge within 10 days of the receipt of the
   94  records. The officer may do so by reliable electronic means.
   95         (6)Within 10 days after the time period specified in
   96  paragraph (2)(b) has ended, the officer executing a warrant must
   97  serve a copy of the warrant on the person who, or whose
   98  property, was tracked. Service may be accomplished by delivering
   99  a copy to the person who, or whose property, was tracked or by
  100  leaving a copy at the person’s residence or usual place of abode
  101  with an individual of suitable age and discretion who resides at
  102  that location and by mailing a copy to the person’s last known
  103  address. Upon a showing of good cause to a court of competent
  104  jurisdiction, the court may grant one or more postponements of
  105  this notice for a period of 90 days each.
  106         (7)(5) The standards established by Florida courts and the
  107  United States Supreme Court for the installation, use, or and
  108  monitoring of mobile tracking devices shall apply to the
  109  installation, use, or monitoring and use of any device as
  110  authorized by this section.
  111         (8)(6) As used in this section, the term “mobile tracking
  112  device” or a “tracking device” means an electronic or mechanical
  113  device which permits the tracking of the movement of a person or
  114  object, including a cellular phone or a portable electronic
  115  communication device, and may be used to obtain real-time
  116  cellular-site location data, precise global positioning
  117  satellite location data, or historical global positioning
  118  satellite location data.
  119         (9)(a)Notwithstanding any other provision of this chapter,
  120  any investigative or law enforcement officer specially
  121  designated by the Governor, the Attorney General, the statewide
  122  prosecutor, or a state attorney acting pursuant to this chapter
  123  who reasonably determines that:
  124         1.An emergency exists which:
  125         a.Involves immediate danger of death or serious physical
  126  injury to any person or the danger of escape of a prisoner; and
  127         b.Requires the installation or use of a mobile tracking
  128  device before a warrant authorizing such installation or use
  129  can, with due diligence, be obtained; and
  130         2.There are grounds upon which a warrant could be issued
  131  under this chapter to authorize such installation or use,
  133  may install or use a mobile tracking device if, within 48 hours
  134  after the installation or use has occurred or begins to occur, a
  135  warrant approving the installation or use is issued in
  136  accordance with this section.
  137         (b)In the absence of an authorizing warrant, such
  138  installation or use shall immediately terminate when the
  139  information sought is obtained, when the application for the
  140  warrant is denied, or when 48 hours have lapsed since the
  141  installation or use of the mobile tracking device began,
  142  whichever is earlier.
  144  ================= T I T L E  A M E N D M E N T ================
  145  And the title is amended as follows:
  146         Delete lines 11 - 47
  147  and insert:
  148         F.S.; revising exceptions to include authorized
  149         conduct under specified circumstances; amending s.
  150         934.42, F.S.; authorizing an investigative or law
  151         enforcement officer to apply to a judge of competent
  152         jurisdiction for a warrant, rather than an order,
  153         authorizing the acquisition of cellular-site location
  154         data, precise global positioning satellite location
  155         data, or historical global positioning satellite
  156         location data; requiring an application for a warrant
  157         to include a statement of a reasonable period of time
  158         that a mobile tracking device may be used, not to
  159         exceed a specified limit; authorizing a court to grant
  160         extensions not individually exceeding a specified
  161         limit, for good cause; deleting a provision requiring
  162         a certification to be included in the application for
  163         an order; requiring the warrant to command the officer
  164         to complete an installation authorized by the warrant
  165         within a certain timeframe; providing requirements for
  166         the return of the warrant to the judge and service of
  167         a copy of the warrant on the person who was tracked or
  168         whose property was tracked; authorizing a court, for
  169         good cause, to postpone the notice requirement for a
  170         specified time period; requiring that the standards
  171         established by Florida courts for the installation,
  172         use, or monitoring of mobile tracking devices apply to
  173         the installation, use, or monitoring of certain
  174         devices; redefining the term “tracking device”;
  175         authorizing any investigative or law enforcement
  176         officer who is specially designated by certain persons
  177         and who makes specified determinations to install or
  178         use a mobile tracking device under certain
  179         circumstances; providing requirements for the
  180         installation and use of the mobile tracking devices;
  181         providing an effective