Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 210
       
       
       
       
       
       
                                Ì531094(Î531094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/11/2019           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 933.02, Florida
    6  Statutes, is amended to read:
    7         933.02 Grounds for issuance of search warrant.—Upon proper
    8  affidavits being made, a search warrant may be issued under the
    9  provisions of this chapter upon any of the following grounds:
   10         (3) When any property, or when content held within a
   11  cellular phone, portable electronic communication device, or
   12  microphone-enabled household device as defined in s. 934.02,
   13  F.S., constitutes evidence relevant to proving that a felony has
   14  been committed;
   15  
   16  This section also applies to any papers or documents used as a
   17  means of or in aid of the commission of any offense against the
   18  laws of the state.
   19         Section 2. Section 933.04, Florida Statutes, is amended to
   20  read
   21         933.04 Affidavits.—The right of the people to be secure in
   22  their persons, houses, papers and effects against unreasonable
   23  seizures and searches and against the unreasonable interception
   24  of private communications by any means shall not be violated and
   25  no search warrant shall be issued except upon probable cause,
   26  supported by oath or affirmation particularly describing the
   27  place to be searched and the person and thing to be seized.
   28         Section 3. Section 934.01, Florida Statutes, is amended to
   29  read:
   30         934.01 Legislative findings.—On the basis of its own
   31  investigations and of published studies, the Legislature makes
   32  the following findings:
   33         (1) Wire communications are normally conducted through the
   34  use of facilities which form part of an intrastate network. The
   35  same facilities are used for interstate and intrastate
   36  communications.
   37         (2) In order to protect effectively the privacy of wire,
   38  and oral, and electronic communications, to protect the
   39  integrity of court and administrative proceedings, and to
   40  prevent the obstruction of intrastate commerce, it is necessary
   41  for the Legislature to define the circumstances and conditions
   42  under which the interception of wire, and oral, and electronic
   43  communications may be authorized and to prohibit any
   44  unauthorized interception of such communications and the use of
   45  the contents thereof in evidence in courts and administrative
   46  proceedings.
   47         (3) Organized criminals make extensive use of wire, and
   48  oral, and electronic communications in their criminal
   49  activities. The interception of such communications to obtain
   50  evidence of the commission of crimes or to prevent their
   51  commission is an indispensable aid to law enforcement and the
   52  administration of justice.
   53         (4) To safeguard the privacy of innocent persons, the
   54  interception of wire, or oral, or electronic communications when
   55  none of the parties to the communication has consented to the
   56  interception should be allowed only when authorized by a court
   57  of competent jurisdiction and should remain under the control
   58  and supervision of the authorizing court. Interception of wire,
   59  and oral, and electronic communications should further be
   60  limited to certain major types of offenses and specific
   61  categories of crime with assurance that the interception is
   62  justified and that the information obtained thereby will not be
   63  misused.
   64         (5) To safeguard the privacy of innocent persons, the
   65  Legislature recognizes that the subjective expectation of
   66  privacy in real-time cell-site location data, real-time precise
   67  global positioning system location data, and historical precise
   68  global positioning system location data which society is now
   69  prepared to accept is objectively reasonable. As such, the law
   70  enforcement collection of the precise location of a person,
   71  cellular phone, or portable electronic communication device
   72  without the consent of the person or owner of the cellular phone
   73  or portable electronic communication device should be allowed
   74  only when authorized by a search warrant issued by a court of
   75  competent jurisdiction and should remain under the control and
   76  supervision of the authorizing court.
   77         (6) The Legislature recognizes that the use of portable
   78  electronic communication devices is growing at a rapidly
   79  increasing rate. These devices can store, and encourage the
   80  storing of, an almost limitless amount of personal and private
   81  information. Often linked to the Internet, these devices are
   82  commonly used to access personal and business information and
   83  databases in computers and servers that can be located anywhere
   84  in the world. The user of a portable electronic communication
   85  device has a reasonable and justifiable expectation of privacy
   86  in the information that these devices contain.
   87         (7) The Legislature recognizes that the use of household
   88  electronic devices, including microphone-enabled household
   89  devices, is growing at a rapidly increasing rate. These devices
   90  often contain microphones that listen for and respond to
   91  environmental cues. These household devices are generally
   92  connected to and communicate through the Internet, resulting in
   93  the storage of and accessibility to daily household information
   94  in a device itself or in a remote computing service. Persons
   95  should not have to choose between using household technological
   96  enhancements and conveniences or preserving the right to privacy
   97  in one’s home.
   98         Section 4. Subsection (2) of section 934.02, Florida
   99  Statutes, is amended, and subsections (27) and (28) are added to
  100  that section, to read:
  101         934.02 Definitions.—As used in this chapter:
  102         (2) “Oral communication” means any oral communication
  103  uttered by a person exhibiting an expectation that such
  104  communication is not subject to interception under circumstances
  105  justifying such expectation, including the use of a microphone
  106  enabled household device, and does not mean any public oral
  107  communication uttered at a public meeting or any electronic
  108  communication.
  109         (27) “Microphone-enabled household device” means a device,
  110  sensor, or other physical object within a residence:
  111         (a) Capable of connecting to the Internet, directly or
  112  indirectly, or to another connected device;
  113         (b) Capable of creating, receiving, accessing, processing,
  114  or storing electronic data or communications;
  115         (c) Which communicates with, by any means, another entity
  116  or individual; and
  117         (d) Which contains a microphone designed to listen for and
  118  respond to environmental cues.
  119         (28) “Portable electronic communication device” means an
  120  object capable of being easily transported or conveyed by a
  121  person which is capable of creating, receiving, accessing,
  122  processing, or storing electronic data or communications and
  123  which communicates with, by any means, another device, entity,
  124  or individual.
  125         Section 5. Subsection (2) of section 934.03, Florida
  126  Statutes, is amended to read
  127         934.03 Interception and disclosure of wire, oral, or
  128  electronic communications prohibited.—
  129         (2)(a)1. It is lawful under this section and ss. 934.04
  130  934.09 for an operator of a switchboard, or an officer,
  131  employee, or agent of a provider of wire or electronic
  132  communication service whose facilities are used in the
  133  transmission of a wire or electronic communication, to
  134  intercept, disclose, or use that communication in the normal
  135  course of his or her employment while engaged in any activity
  136  which is a necessary incident to the rendition of his or her
  137  service or to the protection of the rights or property of the
  138  provider of that service, except that a provider of wire
  139  communication service to the public shall not utilize service
  140  observing or random monitoring except for mechanical or service
  141  quality control checks.
  142         2. Notwithstanding any other law, a provider of wire, oral,
  143  or electronic communication service, or an officer, employee, or
  144  agent thereof, or landlord, custodian, or other person, may
  145  provide information, facilities, or technical assistance to a
  146  person authorized by law to intercept wire, oral, or electronic
  147  communications if such provider, or an officer, employee, or
  148  agent thereof, or landlord, custodian, or other person, has been
  149  provided with:
  150         a. A court order directing such assistance signed by the
  151  authorizing judge; or
  152         a.b. A certification in writing by a person specified in s.
  153  934.09(7) that no search warrant or court order is required by
  154  law, that all statutory requirements have been met, and that the
  155  specified assistance is required, setting forth the period of
  156  time during which the provision of the information, facilities,
  157  or technical assistance is authorized and specifying the
  158  information, facilities, or technical assistance required; or
  159         b. A search warrant issued by a judge of competent
  160  jurisdiction as required by law.
  161         3. A provider of wire, oral, or electronic communication
  162  service, or an officer, employee, or agent thereof, or landlord,
  163  custodian, or other person may not disclose the existence of any
  164  interception or the device used to accomplish the interception
  165  with respect to which the person has been served with a search
  166  warrant furnished an order under this section and ss. 934.04
  167  934.09, except as may otherwise be required by legal process and
  168  then only after prior notice to the Governor, the Attorney
  169  General, the statewide prosecutor, or a state attorney, as may
  170  be appropriate. Any such disclosure renders such person liable
  171  for the civil damages provided under s. 934.10, and such person
  172  may be prosecuted under s. 934.43. An action may not be brought
  173  against any provider of wire, oral, or electronic communication
  174  service, or an officer, employee, or agent thereof, or landlord,
  175  custodian, or other person for providing information,
  176  facilities, or assistance in accordance with the terms of a
  177  search warrant court order under this section and ss. 934.04
  178  934.09.
  179         (b) It is lawful under this section and ss. 934.04-934.09
  180  for an officer, employee, or agent of the Federal Communications
  181  Commission, in the normal course of his or her employment and in
  182  discharge of the monitoring responsibilities exercised by the
  183  commission in the enforcement of 47 U.S.C. chapter 5, to
  184  intercept a wire, oral, or electronic communication transmitted
  185  by radio or to disclose or use the information thereby obtained.
  186         (c) It is lawful under this section and ss. 934.04-934.09
  187  for an investigative or law enforcement officer or a person
  188  acting under the direction of an investigative or law
  189  enforcement officer to intercept a wire, oral, or electronic
  190  communication when such person is a party to the communication
  191  or one of the parties to the communication has given prior
  192  consent to such interception and the purpose of such
  193  interception is to obtain evidence of a criminal act.
  194         (d) It is lawful under this section and ss. 934.04-934.09
  195  for a person to intercept a wire, oral, or electronic
  196  communication when all of the parties to the communication have
  197  given prior consent to such interception.
  198         (e) It is unlawful to intercept any wire, oral, or
  199  electronic communication for the purpose of committing any
  200  criminal act.
  201         (f) It is lawful under this section and ss. 934.04-934.09
  202  for an employee of a telephone company to intercept a wire
  203  communication for the sole purpose of tracing the origin of such
  204  communication when the interception is requested by the
  205  recipient of the communication and the recipient alleges that
  206  the communication is obscene, harassing, or threatening in
  207  nature. The individual conducting the interception shall notify
  208  local police authorities within 48 hours after the time of the
  209  interception.
  210         (g) It is lawful under this section and ss. 934.04-934.09
  211  for an employee of:
  212         1. An ambulance service licensed pursuant to s. 401.25, a
  213  fire station employing firefighters as defined by s. 633.102, a
  214  public utility, a law enforcement agency as defined by s.
  215  934.02(10), or any other entity with published emergency
  216  telephone numbers;
  217         2. An agency operating an emergency telephone number “911”
  218  system established pursuant to s. 365.171; or
  219         3. The central abuse hotline operated pursuant to s. 39.201
  220  
  221  to intercept and record incoming wire communications; however,
  222  such employee may intercept and record incoming wire
  223  communications on designated “911” telephone numbers and
  224  published nonemergency telephone numbers staffed by trained
  225  dispatchers at public safety answering points only. It is also
  226  lawful for such employee to intercept and record outgoing wire
  227  communications to the numbers from which such incoming wire
  228  communications were placed when necessary to obtain information
  229  required to provide the emergency services being requested. For
  230  the purpose of this paragraph, the term “public utility” has the
  231  same meaning as provided in s. 366.02 and includes a person,
  232  partnership, association, or corporation now or hereafter owning
  233  or operating equipment or facilities in the state for conveying
  234  or transmitting messages or communications by telephone or
  235  telegraph to the public for compensation.
  236         (h) It shall not be unlawful under this section and ss.
  237  934.04-934.09 for any person:
  238         1. To intercept or access an electronic communication made
  239  through an electronic communication system that is configured so
  240  that such electronic communication is readily accessible to the
  241  general public.
  242         2. To intercept any radio communication which is
  243  transmitted:
  244         a. By any station for the use of the general public, or
  245  that relates to ships, aircraft, vehicles, or persons in
  246  distress;
  247         b. By any governmental, law enforcement, civil defense,
  248  private land mobile, or public safety communications system,
  249  including any police or fire communications system, readily
  250  accessible to the general public;
  251         c. By a station operating on an authorized frequency within
  252  the bands allocated to the amateur, citizens band, or general
  253  mobile radio services; or
  254         d. By any marine or aeronautical communications system.
  255         3. To engage in any conduct which:
  256         a. Is prohibited by s. 633 of the Communications Act of
  257  1934; or
  258         b. Is excepted from the application of s. 705(a) of the
  259  Communications Act of 1934 by s. 705(b) of that act.
  260         4. To intercept any wire or electronic communication the
  261  transmission of which is causing harmful interference to any
  262  lawfully operating station of consumer electronic equipment to
  263  the extent necessary to identify the source of such
  264  interference.
  265         5. To intercept, if such person is another user of the same
  266  frequency, any radio communication that is not scrambled or
  267  encrypted made through a system that utilizes frequencies
  268  monitored by individuals engaged in the provision or the use of
  269  such system.
  270         6. To intercept a satellite transmission that is not
  271  scrambled or encrypted and that is transmitted:
  272         a. To a broadcasting station for purposes of retransmission
  273  to the general public; or
  274         b. As an audio subcarrier intended for redistribution to
  275  facilities open to the public, but not including data
  276  transmissions or telephone calls, when such interception is not
  277  for the purposes of direct or indirect commercial advantage or
  278  private financial gain.
  279         7. To intercept and privately view a private satellite
  280  video communication that is not scrambled or encrypted or to
  281  intercept a radio communication that is transmitted on
  282  frequencies allocated under subpart D of part 74 of the rules of
  283  the Federal Communications Commission that is not scrambled or
  284  encrypted, if such interception is not for a tortious or illegal
  285  purpose or for purposes of direct or indirect commercial
  286  advantage or private commercial gain.
  287         (i) It shall not be unlawful under this section and ss.
  288  934.04-934.09:
  289         1. To use a pen register or a trap and trace device as
  290  authorized under ss. 934.31-934.34 or under federal law; or
  291         2. For a provider of electronic communication service to
  292  record the fact that a wire or electronic communication was
  293  initiated or completed in order to protect such provider,
  294  another provider furnishing service toward the completion of the
  295  wire or electronic communication, or a user of that service,
  296  from fraudulent, unlawful, or abusive use of such service.
  297         (j) It is not unlawful under this section and ss. 934.04
  298  934.09 for a person acting under color of law to intercept the
  299  wire or electronic communications of a computer trespasser which
  300  are transmitted to, through, or from a protected computer if:
  301         1. The owner or operator of the protected computer
  302  authorizes the interception of the communications of the
  303  computer trespasser;
  304         2. The person acting under color of law is lawfully engaged
  305  in an investigation;
  306         3. The person acting under color of law has reasonable
  307  grounds to believe that the contents of the communications of
  308  the computer trespasser will be relevant to the investigation;
  309  and
  310         4. The interception does not acquire communications other
  311  than those transmitted to, through, or from the computer
  312  trespasser.
  313         (k) It is lawful under this section and ss. 934.04-934.09
  314  for a child under 18 years of age to intercept and record an
  315  oral communication if the child is a party to the communication
  316  and has reasonable grounds to believe that recording the
  317  communication will capture a statement by another party to the
  318  communication that the other party intends to commit, is
  319  committing, or has committed an unlawful sexual act or an
  320  unlawful act of physical force or violence against the child.
  321         Section 6.  Section 934.06, Florida Statutes, is amended to
  322  read:
  323         934.06 Prohibition of use as evidence of intercepted wire
  324  or oral communications; content of cellular phone, microphone
  325  enabled household device, or portable electronic communication
  326  device; exceptions.—Whenever any wire or oral communication has
  327  been intercepted, or when the content of a cellular phone,
  328  microphone-enabled household device, or portable electronic
  329  communication device is obtained without a search warrant
  330  supported by probable cause no part of the contents of such
  331  communication and no evidence derived therefrom may be received
  332  in evidence in any trial, hearing, or other proceeding in or
  333  before any court, grand jury, department, officer, agency,
  334  regulatory body, legislative committee, or other authority of
  335  the state, or a political subdivision thereof, if the disclosure
  336  of that information would be in violation of this chapter. The
  337  prohibition of use as evidence provided in this section does not
  338  apply in cases of prosecution for criminal interception in
  339  violation of the provisions of this chapter, or in cases where
  340  the content of a cellular phone, microphone-enabled household
  341  device, or portable electronic communication device is lawfully
  342  obtained under circumstance where a search warrant is not
  343  required.
  344         Section 7. Subsections (1) and (2) of section 934.07,
  345  Florida Statutes, are amended to read:
  346         934.07 Authorization for interception of wire, oral, or
  347  electronic communications.—
  348         (1) The Governor, the Attorney General, the statewide
  349  prosecutor, or any state attorney may authorize an application
  350  to a judge of competent jurisdiction for, and such judge may
  351  issue grant in conformity with ss. 934.03-934.09 a search
  352  warrant as required by law an order authorizing or approving the
  353  interception of, wire, oral, or electronic communications by:
  354         (a) The Department of Law Enforcement or any law
  355  enforcement agency as defined in s. 934.02 having responsibility
  356  for the investigation of the offense as to which the application
  357  is made when such interception may provide or has provided
  358  evidence of the commission of the offense of murder, kidnapping,
  359  aircraft piracy, arson, gambling, robbery, burglary, theft,
  360  dealing in stolen property, criminal usury, bribery, or
  361  extortion; any felony violation of ss. 790.161-790.166,
  362  inclusive; any violation of s. 787.06; any violation of chapter
  363  893; any violation of the provisions of the Florida Anti-Fencing
  364  Act; any violation of chapter 895; any violation of chapter 896;
  365  any violation of chapter 815; any violation of chapter 847; any
  366  violation of s. 827.071; any violation of s. 944.40; or any
  367  conspiracy or solicitation to commit any violation of the laws
  368  of this state relating to the crimes specifically enumerated in
  369  this paragraph.
  370         (b) The Department of Law Enforcement, together with other
  371  assisting personnel as authorized and requested by the
  372  department under s. 934.09(5), for the investigation of the
  373  offense as to which the application is made when such
  374  interception may provide or has provided evidence of the
  375  commission of any offense that may be an act of terrorism or in
  376  furtherance of an act of terrorism or evidence of any conspiracy
  377  or solicitation to commit any such violation.
  378         (2)(a) If, during the course of an interception of
  379  communications by a law enforcement agency as authorized under
  380  paragraph (1)(a), the law enforcement agency finds that the
  381  intercepted communications may provide or have provided evidence
  382  of the commission of any offense that may be an act of terrorism
  383  or in furtherance of an act of terrorism, or evidence of any
  384  conspiracy or solicitation to commit any such violation, the law
  385  enforcement agency shall promptly notify the Department of Law
  386  Enforcement and apprise the department of the contents of the
  387  intercepted communications. The agency notifying the department
  388  may continue its previously authorized interception with
  389  appropriate minimization, as applicable, and may otherwise
  390  assist the department as provided in this section.
  391         (b) Upon its receipt of information of the contents of an
  392  intercepted communications from a law enforcement agency, the
  393  Department of Law Enforcement shall promptly review the
  394  information to determine whether the information relates to an
  395  actual or anticipated act of terrorism as defined in this
  396  section. If, after reviewing the contents of the intercepted
  397  communications, there is probable cause that the contents of the
  398  intercepted communications meet the criteria of paragraph
  399  (1)(b), the Department of Law Enforcement may make application
  400  for the interception of wire, oral, or electronic communications
  401  consistent with paragraph (1)(b). The department may make an
  402  independent new application for interception based on the
  403  contents of the intercepted communications. Alternatively, the
  404  department may request the law enforcement agency that provided
  405  the information to join with the department in seeking a new
  406  search warrant as required by law or an amendment of the
  407  original interception search warrant order, or may seek
  408  additional authority to continue intercepting communications
  409  under the direction of the department. In carrying out its
  410  duties under this section, the department may use the provisions
  411  for an emergency interception provided in s. 934.09(7) if
  412  applicable under statutory criteria.
  413         Section 8. Section 934.09, Florida Statutes, is amended to
  414  read:
  415         934.09 Procedure for interception of wire, oral, or
  416  electronic communications.—
  417         (1) Each application for a search warrant an order
  418  authorizing or approving the interception of a wire, oral, or
  419  electronic communication under ss. 934.03-934.09 shall be made
  420  in writing upon oath or affirmation to a judge of competent
  421  jurisdiction and shall state the applicant’s authority to make
  422  such application. Each application shall include the following
  423  information:
  424         (a) The identity of the investigative or law enforcement
  425  officer making the application and the officer authorizing the
  426  application.
  427         (b) A full and complete statement of the facts and
  428  circumstances relied upon by the applicant to justify his or her
  429  belief that a search warrant an order should be issued,
  430  including:
  431         1. Details as to the particular offense that has been, is
  432  being, or is about to be committed.
  433         2. Except as provided in subsection (11), a particular
  434  description of the nature and location of the facilities from
  435  which, or the place where, the communications are to be
  436  intercepted.
  437         3. A particular description of the type of communications
  438  sought to be intercepted.
  439         4. The identity of the person, if known, committing the
  440  offense and whose communications are to be intercepted.
  441         (c) A full and complete statement as to whether or not
  442  other investigative procedures have been tried and failed or why
  443  they reasonably appear to be unlikely to succeed if tried or to
  444  be too dangerous.
  445         (d) A statement of the period of time for which the
  446  interception is required to be maintained and, if the nature of
  447  the investigation is such that the authorization for
  448  interception should not automatically terminate when the
  449  described type of communication has been first obtained, a
  450  particular description of facts establishing probable cause to
  451  believe that additional communications of the same type will
  452  occur thereafter.
  453         (e) A full and complete statement of the facts concerning
  454  all previous applications known to the individual authorizing
  455  and making the application, made to any judge for authorization
  456  to intercept, or for approval of interceptions of, wire, oral,
  457  or electronic communications involving any of the same persons,
  458  facilities, or places specified in the application, and the
  459  action taken by the judge on each such application.
  460         (f) When the application is for the extension of a search
  461  warrant an order, a statement setting forth the results thus far
  462  obtained from the interception or a reasonable explanation of
  463  the failure to obtain such results.
  464         (2) The judge may require the applicant to furnish
  465  additional testimony or documentary evidence in support of the
  466  application.
  467         (3) Upon such application, the judge may authorize a search
  468  warrant enter an ex parte order, as requested or as modified,
  469  authorizing or approving interception of wire, oral, or
  470  electronic communications within the territorial jurisdiction of
  471  the court in which the judge is sitting, and outside such
  472  jurisdiction but within the State of Florida in the case of a
  473  mobile interception device authorized by the judge within such
  474  jurisdiction, if the judge determines on the basis of the facts
  475  submitted by the applicant that:
  476         (a) There is probable cause for belief that an individual
  477  is committing, has committed, or is about to commit an offense
  478  as provided in s. 934.07.
  479         (b) There is probable cause for belief that particular
  480  communications concerning that offense will be obtained through
  481  such interception.
  482         (c) Normal investigative procedures have been tried and
  483  have failed or reasonably appear to be unlikely to succeed if
  484  tried or to be too dangerous.
  485         (d) Except as provided in subsection (11), there is
  486  probable cause for belief that the facilities from which, or the
  487  place where, the wire, oral, or electronic communications are to
  488  be intercepted are being used, or are about to be used, in
  489  connection with the commission of such offense, or are leased
  490  to, listed in the name of, or commonly used by such person.
  491         (4) Each search warrant order authorizing or approving the
  492  interception of any wire, oral, or electronic communication
  493  shall specify:
  494         (a) The identity of the person, if known, whose
  495  communications are to be intercepted.
  496         (b) The nature and location of the communications
  497  facilities as to which, or the place where, authority to
  498  intercept is granted.
  499         (c) A particular description of the type of communication
  500  sought to be intercepted and a statement of the particular
  501  offense to which it relates.
  502         (d) The identity of the agency authorized to intercept the
  503  communications and of the person authorizing the application.
  504         (e) The period of time during which such interception is
  505  authorized, including a statement as to whether or not the
  506  interception shall automatically terminate when the described
  507  communication has been first obtained.
  508  
  509  A search warrant An order authorizing the interception of a
  510  wire, oral, or electronic communication shall, upon the request
  511  of the applicant, direct that a provider of wire or electronic
  512  communication service, landlord, custodian, or other person
  513  shall furnish the applicant forthwith all information,
  514  facilities, and technical assistance necessary to accomplish the
  515  interception unobtrusively and with a minimum of interference
  516  with the services that such service provider, landlord,
  517  custodian, or person is according the person whose
  518  communications are to be intercepted. The obligation of a
  519  provider of wire, oral, or electronic communication service
  520  under such a search warrant an order may include, but is not
  521  limited to, conducting an in-progress trace during an
  522  interception, or providing other assistance to support the
  523  investigation as may be specified in the search warrant order.
  524  Any provider of wire or electronic communication service,
  525  landlord, custodian, or other person furnishing such facilities
  526  or technical assistance shall be compensated therefor by the
  527  applicant for reasonable expenses incurred in providing such
  528  facilities or assistance.
  529         (5) No search warrant order entered under this section may
  530  authorize or approve the interception of any wire, oral, or
  531  electronic communication for any period longer than is necessary
  532  to achieve the objective of the authorization or in any event
  533  longer than 30 days. Such 30-day period begins on the day on
  534  which the agent or officer of the law enforcement agency first
  535  begins to conduct an interception under the search warrant order
  536  or 10 days after the search warrant is approved order is
  537  entered, whichever occurs earlier. Extensions of a search
  538  warrant an order may be granted but only upon application for an
  539  extension made in accordance with subsection (1) and upon the
  540  court making the findings required by subsection (3). The period
  541  of extension shall be no longer than the authorizing judge deems
  542  necessary to achieve the purposes for which it was granted and
  543  in no event for longer than 30 days. Every search warrant order
  544  and extension thereof shall contain a provision that the
  545  authorization to intercept shall be executed as soon as
  546  practicable, shall be conducted in such a way as to minimize the
  547  interception of communications not otherwise subject to
  548  interception under ss. 934.03-934.09, and must terminate upon
  549  attainment of the authorized objective or in any event in 30
  550  days. If the intercepted communication is in code or foreign
  551  language and an expert in that foreign language or code is not
  552  reasonably available during the interception period,
  553  minimization may be accomplished as soon as practicable after
  554  such interception. An interception under ss. 934.03-934.09 may
  555  be conducted in whole or in part by government personnel or by
  556  an individual operating under a contract with the government,
  557  acting under the supervision of an agent or officer of the law
  558  enforcement agency authorized to conduct the interception.
  559         (6) Whenever a search warrant an order authorizing
  560  interception is granted entered pursuant to ss. 934.03-934.09,
  561  the search warrant order may require reports to be made to the
  562  judge who issued the search warrant order showing what progress
  563  has been made toward achievement of the authorized objective and
  564  the need for continued interception. Such reports shall be made
  565  at such intervals as the judge may require.
  566         (7) Notwithstanding any other provision of this chapter,
  567  any investigative or law enforcement officer specially
  568  designated by the Governor, the Attorney General, the statewide
  569  prosecutor, or a state attorney acting under this chapter, who
  570  reasonably determines that:
  571         (a) An emergency exists that:
  572         1. Involves immediate danger of death or serious physical
  573  injury to any person, the danger of escape of a prisoner, or
  574  conspiratorial activities threatening the security interest of
  575  the nation or state; and
  576         2. Requires that a wire, oral, or electronic communication
  577  be intercepted before a search warrant an order authorizing such
  578  interception can, with due diligence, be obtained; and
  579         (b) There are grounds upon which a search warrant an order
  580  could be entered under this chapter to authorize such
  581  interception
  582  
  583  may intercept such wire, oral, or electronic communication if an
  584  application for a search warrant an order approving the
  585  interception is made in accordance with this section within 48
  586  hours after the interception has occurred or begins to occur. In
  587  the absence of a search warrant an order, such interception
  588  shall immediately terminate when the communication sought is
  589  obtained or when the application for the search warrant order is
  590  denied, whichever is earlier. If such application for approval
  591  is denied, or in any other case in which the interception is
  592  terminated without a search warrant an order having been issued,
  593  the contents of any wire, oral, or electronic communication
  594  intercepted shall be treated as having been obtained in
  595  violation of s. 934.03(4), and an inventory shall be served as
  596  provided for in paragraph (8)(e) on the person named in the
  597  application.
  598         (8)(a) The contents of any wire, oral, or electronic
  599  communication intercepted by any means authorized by ss. 934.03
  600  934.09 shall, if possible, be recorded on tape or wire or other
  601  comparable device. The recording of the contents of any wire,
  602  oral, or electronic communication under this subsection shall be
  603  kept in such a way as will protect the recording from editing or
  604  other alterations. Immediately upon the expiration of the period
  605  of the search warrant order, or extensions thereof, such
  606  recordings shall be made available to the judge approving the
  607  search warrant issuing such order and sealed under his or her
  608  directions. Custody of the recordings shall be wherever the
  609  judge orders. They shall not be destroyed except upon an order
  610  of the issuing or denying judge, or that judge’s successor in
  611  office, and in any event shall be kept for 10 years. Duplicate
  612  recordings may be made for use or disclosure pursuant to the
  613  provisions of s. 934.08(1) and (2) for investigations, or for
  614  purposes of discovery as required by law.
  615         (b) The presence of the seal provided for by this
  616  subsection, or a satisfactory explanation for the absence
  617  thereof, shall be a prerequisite for the use or disclosure of
  618  the contents of any wire, oral, or electronic communication or
  619  evidence derived therefrom under s. 934.08(3), as required by
  620  federal law.
  621         (c) Applications made and search warrants orders granted
  622  under ss. 934.03-934.09 shall be sealed by the judge. Custody of
  623  the applications and search warrants orders shall be wherever
  624  the judge directs. As required by federal law, such applications
  625  and search warrants orders shall be disclosed only for purposes
  626  of discovery or upon a showing of good cause before a judge of
  627  competent jurisdiction and shall not be destroyed except on
  628  order of the issuing or denying judge, or that judge’s successor
  629  in office, and in any event shall be kept for 10 years.
  630         (d) Any violation of the provisions of this subsection may
  631  be punished as contempt of the issuing or denying judge.
  632         (e) Within a reasonable time but not later than 90 days
  633  after the termination of the period of a search warrant an order
  634  or extensions thereof, the issuing or denying judge shall cause
  635  to be served on the persons named in the search warrant order or
  636  the application, and such other parties to intercepted
  637  communications as the judge may determine in his or her
  638  discretion to be in the interest of justice, an inventory which
  639  shall include notice of:
  640         1. The fact of the approval of the search warrant entry of
  641  the order or the application.
  642         2. The date of the approval of the search warrant entry and
  643  the period of authorized, approved, or disapproved interception,
  644  or the denial of the application.
  645         3. The fact that during the period wire, oral, or
  646  electronic communications were or were not intercepted.
  647  
  648  The judge, upon the filing of a motion, may make available to
  649  such person or the person’s counsel for inspection such portions
  650  of the intercepted communications, applications, and search
  651  warrants orders as the judge determines to be in the interest of
  652  justice. On an ex parte showing of good cause to a judge of
  653  competent jurisdiction, the serving of the inventory required by
  654  this paragraph may be postponed.
  655         (9) As required by federal law, The contents of any
  656  intercepted wire, oral, or electronic communication or evidence
  657  derived therefrom shall not be received in evidence or otherwise
  658  disclosed in any trial, hearing, or other proceeding unless each
  659  party, not less than 10 days before the trial, hearing, or
  660  proceeding, has been furnished with a copy of the search warrant
  661  court order and accompanying application under which the
  662  interception was authorized or approved. This 10-day period may
  663  be waived by the judge if he or she finds that it was not
  664  possible to furnish the party with the above information 10 days
  665  before the trial, hearing, or proceeding and that the party will
  666  not be prejudiced by the delay in receiving such information.
  667         (10)(a) An Any aggrieved person before or in any trial,
  668  hearing, or proceeding in or before any court, department,
  669  officer, agency, regulatory body, or other authority may move to
  670  suppress the contents of any intercepted wire, oral, or
  671  electronic communication, or evidence derived therefrom, on the
  672  grounds that:
  673         1. The communication was unlawfully intercepted;
  674         2. The search warrant order of authorization or approval
  675  under which it was intercepted is insufficient on its face; or
  676         3. The interception was not made in conformity with the
  677  search warrant order of authorization or approval.
  678         (b) Except as otherwise provided in the applicable Florida
  679  Rules of Criminal Procedure, in a criminal matter:
  680         1. Such motion shall be made before the trial, hearing, or
  681  proceeding unless there was no opportunity to make such motion
  682  or the person was not aware of the grounds of the motion.
  683         2. If the motion is granted, the contents of the
  684  intercepted wire or oral communication, or evidence derived
  685  therefrom, shall be treated as having been obtained in violation
  686  of ss. 934.03-934.09 and are not admissible as evidence.
  687         3. The judge, upon the filing of such motion by the
  688  aggrieved person, may make available to the aggrieved person or
  689  his or her counsel for inspection such portions of the
  690  intercepted communication or evidence derived therefrom as the
  691  judge determines to be in the interest of justice.
  692         (c)(b) In addition to any other right to appeal, the state
  693  shall have the right to appeal from an order granting a motion
  694  to suppress made under paragraph (a) or the denial of an
  695  application for a search warrant an order of approval if the
  696  attorney shall certify to the judge or other official granting
  697  such motion or denying such application that the appeal is not
  698  taken for purposes of delay. Such appeal shall be taken within
  699  30 days after the date the order was entered and shall be
  700  diligently prosecuted.
  701         (d)(c) The remedies and sanctions described in ss. 934.03
  702  934.10 with respect to the interception of electronic
  703  communications are the only judicial remedies and sanctions for
  704  violations of those sections involving such communications.
  705         (11) The requirements of subparagraph (1)(b)2. and
  706  paragraph (3)(d) relating to the specification of the facilities
  707  from which, or the place where, the communication is to be
  708  intercepted do not apply if:
  709         (a) In the case of an application with respect to the
  710  interception of an oral communication:
  711         1. The application is by an agent or officer of a law
  712  enforcement agency and is approved by the Governor, the Attorney
  713  General, the statewide prosecutor, or a state attorney.
  714         2. The application contains a full and complete statement
  715  as to why such specification is not practical and identifies the
  716  person committing the offense and whose communications are to be
  717  intercepted.
  718         3. The judge finds that such specification is not
  719  practical.
  720         (b) In the case of an application with respect to a wire or
  721  electronic communication:
  722         1. The application is by an agent or officer of a law
  723  enforcement agency and is approved by the Governor, the Attorney
  724  General, the statewide prosecutor, or a state attorney.
  725         2. The application identifies the person believed to be
  726  committing the offense and whose communications are to be
  727  intercepted and the applicant makes a showing that there is
  728  probable cause to believe that the person’s actions could have
  729  the effect of thwarting interception from a specified facility
  730  or that the person whose communications are to be intercepted
  731  has removed, or is likely to remove, himself or herself to
  732  another judicial circuit within the state.
  733         3. The judge finds that such showing has been adequately
  734  made.
  735         4. The search warrant order authorizing or approving the
  736  interception is limited to interception only for such time as it
  737  is reasonable to presume that the person identified in the
  738  application is or was reasonably proximate to the instrument
  739  through which such communication will be or was transmitted.
  740  
  741  Consistent with this paragraph, a judge of competent
  742  jurisdiction may authorize interception within this state,
  743  whether the interception is within or outside the court’s
  744  jurisdiction, if the application for the interception makes a
  745  showing that some activity or conspiracy believed to be related
  746  to, or in furtherance of, the criminal predicate for the
  747  requested interception has occurred or will likely occur, or the
  748  communication to be intercepted or expected to be intercepted is
  749  occurring or will likely occur, in whole or in part, within the
  750  jurisdiction of the court where the order is being sought.
  751         (12) If an interception of a communication is to be carried
  752  out pursuant to subsection (11), such interception may not begin
  753  until the facilities from which, or the place where, the
  754  communication is to be intercepted is ascertained by the person
  755  implementing the interception search warrant order. A provider
  756  of wire or electronic communications service that has received a
  757  an search warrant order as provided under paragraph (11)(b) may
  758  petition the court to modify or quash the search warrant order
  759  on the ground that the interception cannot be performed in a
  760  timely or reasonable fashion. The court, upon notice to the
  761  state, shall decide such a petition expeditiously.
  762         (13) Consistent with this section, a judge of competent
  763  jurisdiction may authorize interception within this state,
  764  whether the interception is within or outside the court’s
  765  jurisdiction, if the application for the interception makes a
  766  showing that some activity or conspiracy believed to be related
  767  to, or in furtherance of, the criminal predicate for the
  768  requested interception has occurred or will likely occur, or the
  769  communication to be intercepted or expected to be intercepted is
  770  occurring or will likely occur, in whole or in part, within the
  771  jurisdiction of the court where the search warrant is being
  772  sought.
  773         Section 9. Subsection (2) of section 934.10, Florida
  774  Statutes, is amended, and subsection (1) of that section is
  775  republished, to read:
  776         934.10 Civil remedies.—
  777         (1) Any person whose wire, oral, or electronic
  778  communication is intercepted, disclosed, or used in violation of
  779  ss. 934.03-934.09 shall have a civil cause of action against any
  780  person or entity who intercepts, discloses, or uses, or procures
  781  any other person or entity to intercept, disclose, or use, such
  782  communications and shall be entitled to recover from any such
  783  person or entity which engaged in that violation such relief as
  784  may be appropriate, including:
  785         (a) Preliminary or equitable or declaratory relief as may
  786  be appropriate;
  787         (b) Actual damages, but not less than liquidated damages
  788  computed at the rate of $100 a day for each day of violation or
  789  $1,000, whichever is higher;
  790         (c) Punitive damages; and
  791         (d) A reasonable attorney’s fee and other litigation costs
  792  reasonably incurred.
  793         (2) A good faith reliance on:
  794         (a) A search warrant court order, subpoena, or legislative
  795  authorization as provided in ss. 934.03-934.09;,
  796         (b) A request of an investigative or law enforcement
  797  officer under s. 934.09(7);, or
  798         (c) A good faith determination that Florida or federal law,
  799  other than 18 U.S.C. s. 2511(2)(d), authorized permitted the
  800  conduct complained of,
  801  
  802  shall constitutes constitute a complete defense to any civil or
  803  criminal, or administrative action arising out of such conduct
  804  under the laws of this state.
  805         Section 10. Section 934.21, Florida Statutes, is amended to
  806  read:
  807         934.21 Unlawful access to stored communications;
  808  penalties.—
  809         (1) Except as provided in subsection (3), whoever:
  810         (a) Intentionally accesses without authorization a facility
  811  through which an electronic communication service is provided,
  812  or
  813         (b) Intentionally exceeds an authorization to access such
  814  facility,
  815  
  816  and thereby obtains, alters, or prevents authorized access to a
  817  wire or electronic communication while it is in electronic
  818  storage in such system shall be punished as provided in
  819  subsection (2).
  820         (2) The punishment for an offense under subsection (1) is
  821  as follows:
  822         (a) If the offense is committed for purposes of commercial
  823  advantage, malicious destruction or damage, or private
  824  commercial gain, the person is:
  825         1. In the case of a first offense under this subsection,
  826  commits guilty of a misdemeanor of the first degree, punishable
  827  as provided in s. 775.082, s. 775.083, or s. 934.41.
  828         2. In the case of any subsequent offense under this
  829  subsection, commits guilty of a felony of the third degree,
  830  punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
  831  s. 934.41.
  832         (b) In any other case, the person commits is guilty of a
  833  misdemeanor of the second degree, punishable as provided in s.
  834  775.082 or s. 775.083.
  835         (3) Subsection (1) does not apply with respect to conduct
  836  authorized:
  837         (a) By the person or entity providing a wire, oral, or
  838  electronic communications service, including through cellular
  839  phones, microphone-enabled household devices, or portable
  840  electronic communication devices;
  841         (b) By a user of a wire, oral, or electronic communications
  842  service, including through cellular phones, microphone-enabled
  843  household devices, or portable electronic communication devices,
  844  with respect to a communication of or intended for that user; or
  845         (c) In s. 934.09 or, s. 934.23, or s. 934.24;
  846         (d) In chapter 933; or
  847         (e) For accessing for a legitimate business purpose
  848  information that is not personally identifiable or that has been
  849  collected in a way that prevents identification of the user of
  850  the device.
  851         Section 11. Section 934.42, Florida Statutes, is amended to
  852  read:
  853         934.42 Mobile tracking device and location tracking
  854  authorization.—
  855         (1) As used in this section, the term:
  856         (a) “Mobile tracking device” means an electronic or
  857  mechanical device that permits the tracking of the movement of a
  858  person or an object.
  859         (b) “Real-time location tracking” means:
  860         1. Installation and use of a mobile tracking device on the
  861  object to be tracked;
  862         2. Acquisition of real-time cell-site location data; or
  863         3. Acquisition of real-time precise global positioning
  864  system location data.
  865         (c) “Historical location data” means historical precise
  866  global positioning system location data in the possession of a
  867  provider.
  868         (2)(1) An investigative or law enforcement officer may make
  869  application to a judge of competent jurisdiction for a search
  870  warrant an order authorizing or approving real-time location
  871  tracking or the acquisition of historical location data in the
  872  possession of the provider the installation and use of a mobile
  873  tracking device.
  874         (3)(2) An application under subsection (2) (1) of this
  875  section must include:
  876         (a) A statement of the identity of the applicant and the
  877  identity of the law enforcement agency conducting the
  878  investigation.
  879         (b) A statement setting forth a reasonable period of time
  880  that the mobile tracking device may be used or the location data
  881  may be obtained in real time, not to exceed 45 days from the
  882  date the search warrant is issued. The court may, for good
  883  cause, grant one or more extensions for a reasonable period of
  884  time, not to exceed 45 days each. When seeking historical
  885  location data, the applicant must specify a date range for the
  886  data sought certification by the applicant that the information
  887  likely to be obtained is relevant to an ongoing criminal
  888  investigation being conducted by the investigating agency.
  889         (c) A statement of the offense to which the information
  890  likely to be obtained relates.
  891         (d) A statement as to whether it may be necessary to use
  892  and monitor the mobile tracking device outside the jurisdiction
  893  of the court from which authorization is being sought.
  894         (4)(3) Upon application made as provided under subsection
  895  (3) (2), the court, if it finds probable cause that the
  896  certification and finds that the statements required by
  897  subsection (3) (2) have been made in the application, must grant
  898  a search warrant shall enter an ex parte order authorizing real
  899  time location tracking the installation and use of a mobile
  900  tracking device or the acquisition of historical location data.
  901  Such search warrant order may authorize the location tracking
  902  use of the device within the jurisdiction of the court and
  903  outside that jurisdiction but within the State of Florida if the
  904  location tracking device is initiated installed within the
  905  jurisdiction of the court. The search warrant must command the
  906  investigative or law enforcement officer to complete any
  907  initiation of the location tracking or execution of the search
  908  warrant for historical location data authorized by the search
  909  warrant within a specified period of time not to exceed 10
  910  calendar days.
  911         (5)(4) A court may not require greater specificity or
  912  additional information beyond that which is required by law and
  913  this section as a requisite for issuing a search warrant an
  914  order.
  915         (6) Within 10 days after the time period specified in
  916  paragraph (3)(b) has ended, the investigative or law enforcement
  917  officer executing a search warrant must return the search
  918  warrant to the issuing judge. When the search warrant is
  919  authorizing the acquisition of historical location data, the
  920  investigative or law enforcement officer executing the search
  921  warrant must return the search warrant to the issuing judge
  922  within 10 days after receipt of the records. The investigative
  923  or law enforcement officer may do so by reliable electronic
  924  means.
  925         (7) Within 10 days after the time period specified in
  926  paragraph (3)(b) has ended, the investigative or law enforcement
  927  officer executing a search warrant must serve a copy of the
  928  search warrant on the person who, or whose property, was
  929  tracked. When the search warrant is authorizing the acquisition
  930  of historical location data, the investigative or law
  931  enforcement officer executing the search warrant must serve a
  932  copy of the search warrant on the person whose data was obtained
  933  within 10 days after receipt of the records. Service may be
  934  accomplished by delivering a copy to the person who, or whose
  935  property, was tracked or data obtained or by leaving a copy at
  936  the person’s residence or usual place of abode with an
  937  individual of suitable age and discretion who resides at that
  938  location and by mailing a copy to the person’s last known
  939  address. Upon a showing of good cause to a court of competent
  940  jurisdiction, the court may grant one or more postponements of
  941  this notice for a period of 90 days each.
  942         (8)(5) The standards established by Florida courts and the
  943  United States Supreme Court for the installation, use, or and
  944  monitoring of mobile tracking devices and the acquisition of
  945  location data shall apply to the installation, use, or
  946  monitoring and use of any device and the acquisition of location
  947  data as authorized by this section.
  948         (6) As used in this section, a “tracking device” means an
  949  electronic or mechanical device which permits the tracking of
  950  the movement of a person or object.
  951         (9)(a) Notwithstanding any other provision of this chapter,
  952  any investigative or law enforcement officer specially
  953  designated by the Governor, the Attorney General, the statewide
  954  prosecutor, or a state attorney acting pursuant to this chapter
  955  who reasonably determines that:
  956         1. An emergency exists which:
  957         a. Involves immediate danger of death or serious physical
  958  injury to any person or the danger of escape of a prisoner; and
  959         b. Requires real-time location tracking before a search
  960  warrant authorizing such tracking can, with due diligence, be
  961  obtained; and
  962         2. There are grounds upon which a search warrant could be
  963  issued under this chapter to authorize such tracking,
  964  
  965  may engage in real-time location tracking if, within 48 hours
  966  after the tracking has occurred or begins to occur, a search
  967  warrant approving the tracking is issued in accordance with this
  968  section.
  969         (b) In the absence of an authorizing search warrant, such
  970  tracking must immediately terminate when the information sought
  971  is obtained, when the application for the search warrant is
  972  denied, or when 48 hours have lapsed since the tracking began,
  973  whichever is earlier.
  974         Section 12. This act shall take effect July 1, 2019.
  975  
  976  ================= T I T L E  A M E N D M E N T ================
  977  And the title is amended as follows:
  978         Delete everything before the enacting clause
  979  and insert:
  980                        A bill to be entitled                      
  981         An act relating to searches of cellular phones and
  982         other electronic devices; amending s. 933.02, F.S.;
  983         expanding the grounds for issuance of a search
  984         warrant; providing that content held within a cellular
  985         phone, microphone-enabled household device, or
  986         portable electronic communication device may
  987         constitute evidence relevant to proving that a felony
  988         has been committed; amending s. 933.04, F.S.; adopting
  989         the constitutional protection against unreasonable
  990         interception of private communications by any means
  991         for purposes of obtaining a search warrant; amending
  992         s. 934.01, F.S.; revising and providing legislative
  993         findings; amending s. 934.02, F.S.; redefining the
  994         term “oral communication”; defining the terms
  995         “microphone-enabled household device” and “portable
  996         electronic communication device”; amending s. 934.03,
  997         F.S.; authorizing specified persons to provide
  998         information, facilities, or technical assistance to a
  999         person authorized by law to intercept wire, oral, or
 1000         electronic communications if the person has been
 1001         provided with a search warrant; prohibiting specified
 1002         persons from disclosing the existence of any
 1003         interception of a wire, oral, or electronic
 1004         communication with respect to which the person has
 1005         been served with a search warrant; amending s. 934.06,
 1006         F.S.; to requiring a search warrant to obtain certain
 1007         communication content; amending s. 934.07, F.S.;
 1008         authorizing a judge to issue, instead of granting, a
 1009         search warrant in conformity with specified
 1010         provisions; authorizing the Department of Law
 1011         Enforcement to request a law enforcement agency that
 1012         provided it with certain information to join with the
 1013         department in seeking a new search warrant; amending
 1014         s. 934.08, F.S.; authorizing certain disclosure or use
 1015         when an investigative or law enforcement officer
 1016         intercepts wire, oral, or electronic communications
 1017         relating to offenses other than those specified in a
 1018         search warrant; amending s. 934.09, F.S.; requiring
 1019         that each application for a search warrant, rather
 1020         than an order, authorizing or approving the
 1021         interception of wire, oral, or electronic
 1022         communications be made in writing and state the
 1023         applicant’s authority; authorizing a judge to
 1024         authorize a search warrant ex parte, rather than an ex
 1025         parte order, based on the application under certain
 1026         circumstances; specifying requirements for search
 1027         warrants, rather than orders, issued under certain
 1028         circumstances; authorizing an aggrieved person to move
 1029         to suppress the contents of certain wire, oral, or
 1030         electronic communications before, as well as during, a
 1031         trial, hearing, or proceeding; providing for
 1032         inadmissibility of certain evidence if a certain
 1033         motion is granted; authorizing a judge of competent
 1034         jurisdiction to authorize interception within this
 1035         state under specified circumstances; amending s.
 1036         934.10, F.S.; providing that a good faith reliance on
 1037         a search warrant issued under certain provisions
 1038         constitutes a complete defense against specified
 1039         actions; amending s. 934.21, F.S.; revising the
 1040         exceptions to conduct that constitutes unlawful access
 1041         to stored communications; conforming a provision to
 1042         changes made by the act; amending s. 934.42, F.S.;
 1043         defining the terms “mobile tracking device,” “real
 1044         time location tracking,” and “historical location
 1045         data”; authorizing an investigative or law enforcement
 1046         officer to apply to a judge of competent jurisdiction
 1047         for a search warrant, rather than an order,
 1048         authorizing real-time location tracking or acquisition
 1049         of historical location data; requiring an application
 1050         for a search warrant to include a statement of a
 1051         reasonable period of time that the mobile tracking
 1052         device may be used or the location data may be
 1053         obtained in real time, not to exceed a specified
 1054         limit; authorizing a court to grant extensions that do
 1055         not individually exceed a specified limit, for good
 1056         cause; deleting a provision requiring a certification
 1057         to be included in the application; providing that the
 1058         court, if it finds probable cause and finds the
 1059         required statements in the application, must grant a
 1060         search warrant; specifying the search warrant may
 1061         authorize real-time location tracking or acquisition
 1062         of historical location data; providing the search
 1063         warrant may authorize the tracking as specified;
 1064         requiring the search warrant to command the officer to
 1065         complete any initiation of the location tracking
 1066         authorized by the search warrant within a certain
 1067         timeframe; providing requirements for the return of
 1068         the search warrant to the judge and service of a copy
 1069         of the search warrant on the person who was tracked or
 1070         whose property was tracked; specifying how a search
 1071         warrant authorizing the acquisition of historical
 1072         location data must be returned and served; authorizing
 1073         a court, for good cause, to postpone the notice
 1074         requirement for a specified time period; requiring
 1075         that the standards established by Florida courts for
 1076         the installation, use, or monitoring of mobile
 1077         tracking devices and the acquisition of location data
 1078         apply to the installation, use, or monitoring of any
 1079         devices and the acquisition of location data as
 1080         authorized; deleting the definition of “tracking
 1081         device”; authorizing any investigative or law
 1082         enforcement officer who is specially designated by
 1083         certain persons and who makes specified determinations
 1084         to engage in real-time location tracking if a search
 1085         warrant is later obtained as specified; providing
 1086         requirements for engaging in real-time location
 1087         tracking; specifying when real-time location tracking
 1088         must terminate; reenacting s. 934.22(2)(b), F.S.,
 1089         relating to voluntary disclosure of customer
 1090         communications or records, to incorporate the
 1091         amendments made to ss. 934.03 and 934.07, F.S., in
 1092         references thereto; reenacting s. 934.27(1) and (4),
 1093         F.S., relating to relief, damages, and defenses for
 1094         certain civil actions, to incorporate the amendments
 1095         made to ss. 934.09 and 934.21, F.S., in references
 1096         thereto; reenacting ss. 934.23(6), 934.24(6) and (7),
 1097         934.25(5), and 934.28, F.S., relating to required
 1098         disclosures of customer communications or records, a
 1099         subscriber or customer filing a motion for certain
 1100         relief and customer notification, delayed notice, and
 1101         the exclusivity of remedies and sanctions for certain
 1102         violations, respectively, to incorporate the amendment
 1103         made to s. 934.21, F.S., in references thereto;
 1104         providing an effective date.