Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1256
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1a/AD/2R         .                                
             03/06/2018 11:01 AM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment to Amendment (739040) (with title
    2  amendment)
    4         Delete lines 210 - 224
    5  and insert:
    6         b. Requires real-time location tracking before a warrant
    7  authorizing such tracking can, with due diligence, be obtained;
    8  and
    9         2. There are grounds upon which a warrant could be issued
   10  under this chapter to authorize such tracking,
   12  may engage in real-time location tracking if, within 48 hours
   13  after the tracking has occurred or begins to occur, a warrant
   14  approving the tracking is issued in accordance with this
   15  section.
   16         (b) In the absence of an authorizing warrant, such tracking
   17  must immediately terminate when the information sought is
   18  obtained, when the application for the warrant is denied, or
   19  when 48 hours have lapsed since the tracking began,
   21  ================= T I T L E  A M E N D M E N T ================
   22  And the title is amended as follows:
   23         Delete lines 257 - 285
   24  and insert:
   25         to be included in the application; providing that the
   26         court, if it finds probable cause and finds the
   27         required statements in the application, must grant a
   28         warrant; specifying the warrant may authorize real
   29         time location tracking or acquisition of historical
   30         location data; providing the warrant may authorize the
   31         use of the mobile tracking device as specified;
   32         requiring the warrant to command the officer to
   33         complete any installation authorized by the warrant
   34         within a certain timeframe; providing requirements for
   35         the return of the warrant to the judge and service of
   36         a copy of the warrant on the person who was tracked or
   37         whose property was tracked; specifying how a warrant
   38         authorizing historical location data must be returned
   39         and served; authorizing a court, for good cause, to
   40         postpone the notice requirement for a specified time
   41         period; deleting the definition of “tracking device”;
   42         requiring that the standards established by Florida
   43         courts for the installation, use, or monitoring of
   44         mobile tracking devices and the acquisition of
   45         location data apply to the installation, use, or
   46         monitoring of any devices and the acquisition of
   47         location data as authorized; authorizing any
   48         investigative or law enforcement officer who is
   49         specially designated by certain persons and who makes
   50         specified determinations to engage in real-time
   51         location tracking if a warrant is later obtained as
   52         specified;  provides requirements for engaging in
   53         real-time location tracking; specifying when real-time
   54         location tracking must terminate;