Bill Text: FL S0144 | 2021 | Regular Session | Introduced
Bill Title: Searches of Cellular Phones and Other Electronic Devices
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2021-04-30 - Died in Rules [S0144 Detail]
Download: Florida-2021-S0144-Introduced.html
Florida Senate - 2021 SB 144 By Senator Brandes 24-00046-21 2021144__ 1 A bill to be entitled 2 An act relating to searches of cellular phones and 3 other electronic devices; amending s. 933.02, F.S.; 4 expanding the grounds for issuance of a search warrant 5 to include content held within a cellular phone, 6 portable electronic communication device, or 7 microphone-enabled household device when such content 8 constitutes evidence relevant to proving that a felony 9 has been committed; amending s. 933.04, F.S.; adopting 10 the constitutional protection against unreasonable 11 interception of private communications by any means 12 for purposes of obtaining a search warrant; amending 13 s. 934.01, F.S.; revising and providing legislative 14 findings; amending s. 934.02, F.S.; redefining the 15 terms “oral communication” and “electronic 16 communication”; defining the terms “microphone-enabled 17 household device” and “portable electronic 18 communication device”; amending s. 934.03, F.S.; 19 authorizing specified persons to provide information, 20 facilities, or technical assistance to a person 21 authorized by law to intercept wire, oral, or 22 electronic communications if such person has been 23 provided with a search warrant issued by a judge of 24 competent jurisdiction; prohibiting specified persons 25 from disclosing the existence of any interception of a 26 wire, oral, or electronic communication with respect 27 to which the person has been served with a search 28 warrant, rather than a court order; amending s. 29 934.06, F.S.; prohibiting the use of certain 30 communication content in any trial, hearing, or other 31 proceeding which was obtained without a specified 32 warrant; providing an exception; amending s. 934.07, 33 F.S.; authorizing a judge to issue a search warrant, 34 rather than grant a court order, in conformity with 35 specified provisions; authorizing the Department of 36 Law Enforcement to request a law enforcement agency 37 that provided certain information to join the 38 department in seeking a new search warrant; amending 39 s. 934.09, F.S.; requiring that each application for a 40 search warrant, rather than an order, authorizing or 41 approving the interception of wire, oral, or 42 electronic communications be made in writing and state 43 the applicant’s authority; revising the required 44 information that each application for a search warrant 45 must include; authorizing a judge to authorize a 46 search warrant ex parte, rather than an ex parte 47 order, based on the application under certain 48 circumstances; specifying requirements for search 49 warrants, rather than orders, issued under certain 50 circumstances; authorizing an aggrieved person to move 51 to suppress the contents of certain wire, oral, or 52 electronic communications before, as well as during, a 53 trial, hearing, or proceeding; providing for 54 inadmissibility of certain evidence if a certain 55 motion is granted; authorizing a judge of competent 56 jurisdiction to authorize interception within this 57 state under specified circumstances; amending s. 58 934.10, F.S., and reenacting subsection (1), relating 59 to civil remedies; providing that a good faith 60 reliance on a search warrant, rather than a court 61 order, subpoena, or legislative authorization, issued 62 under certain provisions constitutes a complete 63 defense against specified actions; amending s. 934.21, 64 F.S.; revising the exceptions to conduct that 65 constitutes unlawful access to stored communications; 66 conforming a provision to changes made by the act; 67 amending s. 934.42, F.S.; defining the terms 68 “historical location data,” “mobile tracking device,” 69 and “real-time location tracking”; authorizing an 70 investigative or law enforcement officer to apply to a 71 judge of competent jurisdiction for a search warrant, 72 rather than an order, authorizing real-time location 73 tracking or acquisition of historical location data; 74 requiring an application for a search warrant to 75 include a statement setting forth a reasonable period 76 of time the mobile tracking device may be used or the 77 location data may be obtained in real time, not to 78 exceed a specified limit; authorizing a court to 79 grant, for good cause, extensions that do not 80 individually exceed a specified limit; requiring an 81 applicant seeking historical location data to specify 82 a date range for the data sought; deleting a provision 83 requiring a certification to be included in the 84 application; requiring the court, if it finds probable 85 cause and that the application contains the required 86 statements, to grant a search warrant ex parte rather 87 than entering an ex parte order; specifying that the 88 search warrant may authorize real-time location 89 tracking or acquisition of historical location data; 90 providing that the search warrant may authorize the 91 tracking as specified; requiring the search warrant to 92 command the investigative or law enforcement officer 93 to complete any initiation of the location tracking or 94 execution of the search warrant for historical 95 location data authorized by the search warrant within 96 a certain timeframe; providing requirements for the 97 return of the search warrant to the judge and for 98 service of a copy of the search warrant on the person 99 who was tracked or whose property was tracked; 100 providing requirements for returning and serving a 101 search warrant authorizing the acquisition of 102 historical location data; authorizing a court, for 103 good cause, to postpone the notice requirement for a 104 specified time period; requiring that the standards 105 established by Florida courts for the installation, 106 use, or monitoring of mobile tracking devices and the 107 acquisition of location data apply to the 108 installation, use, or monitoring of any device and the 109 acquisition of location data as authorized by certain 110 provisions; deleting the definition of “tracking 111 device”; authorizing any investigative or law 112 enforcement officer who is specially designated by 113 certain persons and who makes specified determinations 114 to engage in real-time location tracking if a search 115 warrant is obtained, as specified, after the tracking 116 has occurred or begins to occur; specifying when real 117 time location tracking must terminate; reenacting s. 118 934.22(2)(b), F.S., relating to voluntary disclosure 119 of customer communications or records, to incorporate 120 the amendments made to ss. 934.03 and 934.07, F.S., in 121 references thereto; reenacting s. 934.27(1) and (4), 122 F.S., relating to relief, damages, and defenses for 123 certain civil actions, to incorporate the amendments 124 made to ss. 934.09 and 934.21, F.S., in references 125 thereto; reenacting ss. 934.23(6), 934.24(6) and (7), 126 934.25(5), and 934.28, F.S., relating to required 127 disclosures of customer communications or records, a 128 subscriber or customer filing a motion for certain 129 relief and customer notification, delayed notice, and 130 the exclusivity of remedies and sanctions for certain 131 violations, respectively, to incorporate the amendment 132 made to s. 934.21, F.S., in references thereto; 133 providing an effective date. 134 135 Be It Enacted by the Legislature of the State of Florida: 136 137 Section 1. Section 933.02, Florida Statutes, is amended to 138 read: 139 933.02 Grounds for issuance of search warrant.—Upon proper 140 affidavits being made, a search warrant may be issued underthe141provisions ofthis chapter upon any of the following grounds: 142 (1) When the property shall have been stolen or embezzled 143 in violation of law.;144 (2) When any property shall have been used: 145 (a) As a means to commit any crime; 146 (b) In connection with gambling, gambling implements and 147 appliances; or 148 (c) In violation of s. 847.011 or other laws in reference 149 to obscene prints and literature.;150 (3) When any property, or when content held within a 151 cellular phone, a portable electronic communication device as 152 defined in s. 934.02(28), or a microphone-enabled household 153 device as defined in s. 934.02(27), constitutes evidence 154 relevant to proving that a felony has been committed.;155 (4) When any property is being held or possessed: 156 (a) In violation of any of the laws prohibiting the 157 manufacture, sale, and transportation of intoxicating liquors; 158 (b) In violation of the fish and game laws; 159 (c) In violation of the laws relative to food and drug; or 160 (d) In violation of the laws relative to citrus disease 161 pursuant to s. 581.184.;or162 (5) When the laws in relation to cruelty to animals, as 163 provided in chapter 828, have been or are violated in any 164 particular building or place. 165 166 This section also applies to any papers or documents used as a 167 means of or in aid of the commission of any offense against the 168 laws of the state. 169 Section 2. Section 933.04, Florida Statutes, is amended to 170 read: 171 933.04 Affidavits.—The right of the people to be secure in 172 their persons, houses, papers, and effects against unreasonable 173 seizures and searches and against the unreasonable interception 174 of private communications by any means mayshallnot be violated 175 and anosearch warrant may notshallbe issued except upon 176 probable cause, supported by oath or affirmation particularly 177 describing the place to be searched and the person and thing to 178 be seized. 179 Section 3. Section 934.01, Florida Statutes, is amended to 180 read: 181 934.01 Legislative findings.—On the basis of its own 182 investigations and of published studies, the Legislature makes 183 the following findings: 184 (1) Wire communications are normally conducted through the 185 use of facilities which form part of an intrastate network. The 186 same facilities are used for interstate and intrastate 187 communications. 188 (2) In order to protect effectively the privacy of wire, 189andoral, and electronic communications, to protect the 190 integrity of court and administrative proceedings, and to 191 prevent the obstruction of intrastate commerce, it is necessary 192 for the Legislature to define the circumstances and conditions 193 under which the interception of wire,andoral, and electronic 194 communications may be authorized and to prohibit any 195 unauthorized interception of such communications and the use of 196 the contents thereof in evidence in courts and administrative 197 proceedings. 198 (3) Organized criminals make extensive use of wire,and199 oral, and electronic communications in their criminal 200 activities. The interception of such communications to obtain 201 evidence of the commission of crimes or to prevent their 202 commission is an indispensable aid to law enforcement and the 203 administration of justice. 204 (4) To safeguard the privacy of innocent persons, the 205 interception of wire,ororal, or electronic communications when 206 none of the parties to the communication has consented to the 207 interception should be allowed only when authorized by a court 208 of competent jurisdiction and should remain under the control 209 and supervision of the authorizing court. Interception of wire, 210andoral, and electronic communications should further be 211 limited to certain major types of offenses and specific 212 categories of crime with assurance that the interception is 213 justified and that the information obtained thereby will not be 214 misused. 215 (5) To safeguard the privacy of innocent persons, the 216 Legislature recognizes the subjective expectation of privacy in 217 real-time cell-site location data, real-time precise global 218 positioning system location data, and historical precise global 219 positioning system location data which society is now prepared 220 to accept is objectively reasonable. As such, the law 221 enforcement collection of the precise location of a person, 222 cellular phone, or portable electronic communication device 223 without the consent of the person or owner of the cellular phone 224 or portable electronic communication device should be allowed 225 only when authorized by a search warrant issued by a court of 226 competent jurisdiction and should remain under the control and 227 supervision of the authorizing court. 228 (6) The Legislature recognizes that the use of portable 229 electronic communication devices is growing at a rapidly 230 increasing rate. These devices can store, and encourage the 231 storing of, an almost limitless amount of personal and private 232 information. Often linked to the Internet, these devices are 233 commonly used to access personal and business information and 234 databases in computers and servers that can be located anywhere 235 in the world. The user of a portable electronic communication 236 device has a reasonable and justifiable expectation of privacy 237 in the information that these devices contain. 238 (7) The Legislature recognizes that the use of household 239 electronic devices, including microphone-enabled household 240 devices, is growing rapidly. These devices often contain 241 microphones that listen for and respond to environmental cues. 242 These household devices are generally connected to and 243 communicate through the Internet, resulting in the storage of 244 and accessibility to daily household information in the device 245 itself or in a remote computing service. Persons should not have 246 to choose between using household technological enhancements and 247 conveniences or preserving the right to privacy in their own 248 homes. 249 Section 4. Subsections (2) and (12) of section 934.02, 250 Florida Statutes, are amended, and subsections (27) and (28) are 251 added to that section, to read: 252 934.02 Definitions.—As used in this chapter: 253 (2) “Oral communication” means any oral communication 254 uttered by a person exhibiting an expectation that such 255 communication is not subject to interception under circumstances 256 justifying such expectation, including the use of a microphone 257 enabled household device, and does not mean any public oral 258 communication uttered at a public meeting or any electronic 259 communication. 260 (12) “Electronic communication” means any transfer of 261 signs, signals, writing, images, sounds, data, or intelligence 262 of any nature transmitted in whole or in part by a wire, a 263 radio, a communication tower, a satellite, an electromagnetic, a 264 photoelectronic, or a photooptical system that affects 265 intrastate, interstate, or foreign commerce, but does not 266 include: 267 (a) Any wire or oral communication; 268 (b) Any communication made through a tone-only paging 269 device; 270(c)Any communication from an electronic or mechanical271device which permits the tracking of the movement of a person or272an object;or 273 (c)(d)Electronic funds transfer information stored by a 274 financial institution in a communications system used for the 275 electronic storage and transfer of funds. 276 (27) “Microphone-enabled household device” means a device, 277 sensor, or other physical object within a residence which: 278 (a) Is capable of connecting to the Internet, directly or 279 indirectly, or to another connected device; 280 (b) Is capable of creating, receiving, accessing, 281 processing, or storing electronic data or communications; 282 (c) Communicates with, by any means, another device, 283 entity, or individual; and 284 (d) Contains a microphone designed to listen for and 285 respond to environmental cues. 286 (28) “Portable electronic communication device” means an 287 object that may be easily transported or conveyed by a person; 288 is capable of creating, receiving, accessing, processing, or 289 storing electronic data or communications; and communicates 290 with, by any means, another device, entity, or individual. 291 Section 5. Subsection (2) of section 934.03, Florida 292 Statutes, is amended to read: 293 934.03 Interception and disclosure of wire, oral, or 294 electronic communications prohibited.— 295 (2)(a)1. It is lawful under this section and ss. 934.04 296 934.09 for an operator of a switchboard, or an officer, 297 employee, or agent of a provider of wire or electronic 298 communication service whose facilities are used in the 299 transmission of a wire or electronic communication, to 300 intercept, disclose, or use that communication in the normal 301 course of his or her employment while engaged in any activity 302 which is a necessary incident to the rendition of his or her 303 service or to the protection of the rights or property of the 304 provider of that service, except that a provider of wire 305 communication service to the public may not useshall not306utilizeservice observing or random monitoring except for 307 mechanical or service quality control checks. 308 2. Notwithstanding any other law, a provider of wire, oral, 309 or electronic communication service, or an officer, employee, or 310 agent thereof, or landlord, custodian, or other person, may 311 provide information, facilities, or technical assistance to a 312 person authorized by law to intercept wire, oral, or electronic 313 communications if such provider, or an officer, employee, or 314 agent thereof, or landlord, custodian, or other person, has been 315 provided with: 316 a. Acourt order directing such assistance signed by the317authorizing judge; or318b.Acertification in writing by a person specified in s. 319 934.09(7) that a searchnowarrant or court order is not 320 required by law, that all statutory requirements have been met, 321 and that the specified assistance is required, setting forth the 322 period of time during which the provision of the information, 323 facilities, or technical assistance is authorized and specifying 324 the information, facilities, or technical assistance required; 325 or 326 b. A search warrant issued by a judge of competent 327 jurisdiction as required by law. 328 3. A provider of wire, oral, or electronic communication 329 service, or an officer, employee, or agent thereof, or landlord, 330 custodian, or other person may not disclose the existence of any 331 interception or the device used to accomplish the interception 332 with respect to which the person has been served with a search 333 warrantfurnished an order under this section and ss. 934.04334934.09, except as may otherwise be required by legal process and 335 then only after prior notice to the Governor, the Attorney 336 General, the statewide prosecutor, or a state attorney, as may 337 be appropriate. Any such disclosure renders such person liable 338 for the civil damages provided under s. 934.10, and such person 339 may be prosecuted under s. 934.43. An action may not be brought 340 against any provider of wire, oral, or electronic communication 341 service, or an officer, employee, or agent thereof, or landlord, 342 custodian, or other person for providing information, 343 facilities, or assistance in accordance with the terms of a 344 search warrantcourt orderunder this section and ss. 934.04345934.09. 346 (b) It is lawful under this section and ss. 934.04-934.09 347 for an officer, employee, or agent of the Federal Communications 348 Commission, in the normal course of his or her employment and in 349 discharge of the monitoring responsibilities exercised by the 350 commission in the enforcement of 47 U.S.C. chapter 5, to 351 intercept a wire, oral, or electronic communication transmitted 352 by radio or to disclose or use the information thereby obtained. 353 (c) It is lawful under this section and ss. 934.04-934.09 354 for an investigative or law enforcement officer or a person 355 acting under the direction of an investigative or law 356 enforcement officer to intercept a wire, oral, or electronic 357 communication when such person is a party to the communication 358 or one of the parties to the communication has given prior 359 consent to such interception and the purpose of such 360 interception is to obtain evidence of a criminal act. 361 (d) It is lawful under this section and ss. 934.04-934.09 362 for a person to intercept a wire, oral, or electronic 363 communication when all of the parties to the communication have 364 given prior consent to such interception. 365 (e) It is unlawful to intercept any wire, oral, or 366 electronic communication for the purpose of committing any 367 criminal act. 368 (f) It is lawful under this section and ss. 934.04-934.09 369 for an employee of a telephone company to intercept a wire 370 communication for the sole purpose of tracing the origin of such 371 communication when the interception is requested by the 372 recipient of the communication and the recipient alleges that 373 the communication is obscene, harassing, or threatening in 374 nature. The individual conducting the interception shall notify 375 local police authorities within 48 hours after the time of the 376 interception. 377 (g) It is lawful under this section and ss. 934.04-934.09 378 for an employee of: 379 1. An ambulance service licensed pursuant to s. 401.25, a 380 fire station employing firefighters as defined by s. 633.102, a 381 public utility, a law enforcement agency as defined by s. 382 934.02(10), or any other entity with published emergency 383 telephone numbers; 384 2. An agency operating an emergency telephone number “911” 385 system established pursuant to s. 365.171; or 386 3. The central abuse hotline operated pursuant to s. 39.201 387 388 to intercept and record incoming wire communications; however, 389 such employee may intercept and record incoming wire 390 communications on designated “911” telephone numbers and 391 published nonemergency telephone numbers staffed by trained 392 dispatchers at public safety answering points only. It is also 393 lawful for such employee to intercept and record outgoing wire 394 communications to the numbers from which such incoming wire 395 communications were placed when necessary to obtain information 396 required to provide the emergency services being requested. For 397 the purpose of this paragraph, the term “public utility” has the 398 same meaning as provided in s. 366.02 and includes a person, 399 partnership, association, or corporation now or hereafter owning 400 or operating equipment or facilities in the state for conveying 401 or transmitting messages or communications by telephone or 402 telegraph to the public for compensation. 403 (h) It is lawfulshall not be unlawfulunder this section 404 and ss. 934.04-934.09 for any person: 405 1. To intercept or access an electronic communication made 406 through an electronic communication system that is configured so 407 that such electronic communication is readily accessible to the 408 general public. 409 2. To intercept any radio communication which is 410 transmitted: 411 a. By any station for the use of the general public, or 412 that relates to ships, aircraft, vehicles, or persons in 413 distress; 414 b. By any governmental, law enforcement, civil defense, 415 private land mobile, or public safety communications system, 416 including any police or fire communications system, readily 417 accessible to the general public; 418 c. By a station operating on an authorized frequency within 419 the bands allocated to the amateur, citizens band, or general 420 mobile radio services; or 421 d. By any marine or aeronautical communications system. 422 3. To engage in any conduct which: 423 a. Is prohibited by s. 633 of the Communications Act of 424 1934; or 425 b. Is excepted from the application of s. 705(a) of the 426 Communications Act of 1934 by s. 705(b) of that act. 427 4. To intercept any wire or electronic communication the 428 transmission of which is causing harmful interference to any 429 lawfully operating station of consumer electronic equipment to 430 the extent necessary to identify the source of such 431 interference. 432 5. To intercept, if such person is another user of the same 433 frequency, any radio communication that is not scrambled or 434 encrypted made through a system that utilizes frequencies 435 monitored by individuals engaged in the provision or the use of 436 such system. 437 6. To intercept a satellite transmission that is not 438 scrambled or encrypted and that is transmitted: 439 a. To a broadcasting station for purposes of retransmission 440 to the general public; or 441 b. As an audio subcarrier intended for redistribution to 442 facilities open to the public, but not including data 443 transmissions or telephone calls, when such interception is not 444 for the purposes of direct or indirect commercial advantage or 445 private financial gain. 446 7. To intercept and privately view a private satellite 447 video communication that is not scrambled or encrypted or to 448 intercept a radio communication that is transmitted on 449 frequencies allocated under subpart D of part 74 of the rules of 450 the Federal Communications Commission that is not scrambled or 451 encrypted, if such interception is not for a tortious or illegal 452 purpose or for purposes of direct or indirect commercial 453 advantage or private commercial gain. 454 (i) It is lawfulshall not be unlawfulunder this section 455 and ss. 934.04-934.09: 456 1. To use a pen register or a trap and trace device as 457 authorized under ss. 934.31-934.34 or under federal law; or 458 2. For a provider of electronic communication service to 459 record the fact that a wire or electronic communication was 460 initiated or completed in order to protect such provider, 461 another provider furnishing service toward the completion of the 462 wire or electronic communication, or a user of that service, 463 from fraudulent, unlawful, or abusive use of such service. 464 (j) It is lawfulnot unlawfulunder this section and ss. 465 934.04-934.09 for a person acting under color of law to 466 intercept the wire or electronic communications of a computer 467 trespasser which are transmitted to, through, or from a 468 protected computer if: 469 1. The owner or operator of the protected computer 470 authorizes the interception of the communications of the 471 computer trespasser; 472 2. The person acting under color of law is lawfully engaged 473 in an investigation; 474 3. The person acting under color of law has reasonable 475 grounds to believe that the contents of the communications of 476 the computer trespasser will be relevant to the investigation; 477 and 478 4. The interception does not acquire communications other 479 than those transmitted to, through, or from the computer 480 trespasser. 481 (k) It is lawful under this section and ss. 934.04-934.09 482 for a child under 18 years of age to intercept and record an 483 oral communication if the child is a party to the communication 484 and has reasonable grounds to believe that recording the 485 communication will capture a statement by another party to the 486 communication that the other party intends to commit, is 487 committing, or has committed an unlawful sexual act or an 488 unlawful act of physical force or violence against the child. 489 Section 6. Section 934.06, Florida Statutes, is amended to 490 read: 491 934.06 Prohibition of use as evidence of intercepted wire 492 or oral communications; content of cellular phone, microphone 493 enabled household device, or portable electronic communication 494 device; exceptionsexception.—Whenever any wire or oral 495 communication has been intercepted, or when the content of a 496 cellular phone, microphone-enabled household device, or portable 497 electronic communication device is obtained without a search 498 warrant supported by probable cause, no part of the contents of 499 such communication or content and no evidence derived therefrom 500 may be received in evidence in any trial, hearing, or other 501 proceeding in or before any court, grand jury, department, 502 officer, agency, regulatory body, legislative committee, or 503 other authority of the state, or a political subdivision 504 thereof, if the disclosure of that information would be in 505 violation of this chapter. The prohibition of use as evidence 506 provided in this section does not apply in cases of prosecution 507 for criminal interception in violation ofthe provisions ofthis 508 chapter, or in cases where the content of a cellular phone, 509 microphone-enabled household device, or portable electronic 510 communication device is lawfully obtained under circumstances 511 where a search warrant is not required. 512 Section 7. Subsections (1) and (2) of section 934.07, 513 Florida Statutes, are amended to read: 514 934.07 Authorization for interception of wire, oral, or 515 electronic communications.— 516 (1) The Governor, the Attorney General, the statewide 517 prosecutor, or any state attorney may authorize an application 518 to a judge of competent jurisdiction for, and such judge may 519 issue a search warrant as required by lawgrantin conformity520with ss. 934.03-934.09an orderauthorizing or approving the 521 interception of, wire, oral, or electronic communications by: 522 (a) The Department of Law Enforcement or any law 523 enforcement agency as defined in s. 934.02 having responsibility 524 for the investigation of the offense as to which the application 525 is made when such interception may provide or has provided 526 evidence of the commission of the offense of murder, kidnapping, 527 aircraft piracy, arson, gambling, robbery, burglary, theft, 528 dealing in stolen property, criminal usury, bribery, or 529 extortion; any felony violation of ss. 790.161-790.166, 530 inclusive; any violation of s. 787.06; any violation of chapter 531 893; any violation ofthe provisions ofthe Florida Anti-Fencing 532 Act; any violation of chapter 895; any violation of chapter 896; 533 any violation of chapter 815; any violation of chapter 847; any 534 violation of s. 827.071; any violation of s. 944.40; or any 535 conspiracy or solicitation to commit any violation of the laws 536 of this state relating to the crimes specifically enumerated in 537 this paragraph. 538 (b) The Department of Law Enforcement, together with other 539 assisting personnel as authorized and requested by the 540 department under s. 934.09(5), for the investigation of the 541 offense as to which the application is made when such 542 interception may provide or has provided evidence of the 543 commission of any offense that may be an act of terrorism or in 544 furtherance of an act of terrorism or evidence of any conspiracy 545 or solicitation to commit any such violation. 546 (2)(a) If, during the course of an interception of 547 communications by a law enforcement agency as authorized under 548 paragraph (1)(a), the law enforcement agency finds that the 549 intercepted communications may provide or have provided evidence 550 of the commission of any offense that may be an act of terrorism 551 or in furtherance of an act of terrorism, or evidence of any 552 conspiracy or solicitation to commit any such violation, the law 553 enforcement agency shall promptly notify the Department of Law 554 Enforcement and apprise the department of the contents of the 555 intercepted communications. The agency notifying the department 556 may continue its previously authorized interception with 557 appropriate minimization, as applicable, and may otherwise 558 assist the department as provided in this section. 559 (b) Upon its receipt of information of the contents of an 560 intercepted communications from a law enforcement agency, the 561 Department of Law Enforcement shall promptly review the 562 information to determine whether the information relates to an 563 actual or anticipated act of terrorism as defined in this 564 section. If, after reviewing the contents of the intercepted 565 communications, there is probable cause that the contents of the 566 intercepted communications meet the criteria of paragraph 567 (1)(b), the Department of Law Enforcement may make application 568 for the interception of wire, oral, or electronic communications 569 consistent with paragraph (1)(b). The department may make an 570 independent new application for interception based on the 571 contents of the intercepted communications. Alternatively, the 572 department may request the law enforcement agency that provided 573 the information to join with the department in seeking a new 574 search warrant as required by law or an amendment of the 575 original interception search warrantorder, or may seek 576 additional authority to continue intercepting communications 577 under the direction of the department. In carrying out its 578 duties under this section, the department may use the provisions 579 for an emergency interception provided in s. 934.09(7) if 580 applicable under statutory criteria. 581 Section 8. Section 934.09, Florida Statutes, is amended to 582 read: 583 934.09 Procedure for interception of wire, oral, or 584 electronic communications.— 585 (1) Each application for a search warrantan order586 authorizing or approving the interception of a wire, oral, or 587 electronic communication under ss. 934.03-934.09 shall be made 588 in writing upon oath or affirmation to a judge of competent 589 jurisdiction and shall state the applicant’s authority to make 590 such application. Each application shall include the following 591 information: 592 (a) The identity of the investigative or law enforcement 593 officer making the application and the officer authorizing the 594 application. 595 (b) A full and complete statement of the facts and 596 circumstances relied upon by the applicant to justify his or her 597 belief that a search warrantan ordershould be issued, 598 including: 599 1. Details as to the particular offense that has been, is 600 being, or is about to be committed. 601 2. Except as provided in subsection (11), a particular 602 description of the nature and location of the facilities from 603 which, or the place where, the communications are to be 604 intercepted. 605 3. A particular description of the type of communications 606 sought to be intercepted. 607 4. The identity of the person, if known, committing the 608 offense and whose communications are to be intercepted. 609 (c) A full and complete statement as to whether or not 610 other investigative procedures have been tried and failed or why 611 they reasonably appear to be unlikely to succeed if tried or to 612 be too dangerous. 613 (d) A statement of the period of time for which the 614 interception is required to be maintained and, if the nature of 615 the investigation is such that the authorization for 616 interception should not automatically terminate when the 617 described type of communication has been first obtained, a 618 particular description of facts establishing probable cause to 619 believe that additional communications of the same type will 620 occur thereafter. 621 (e) A full and complete statement of the facts concerning 622 all previous applications known to the individual authorizing 623 and making the application, made to any judge for authorization 624 to intercept, or for approval of interceptions of, wire, oral, 625 or electronic communications involving any of the same persons, 626 facilities, or places specified in the application, and the 627 action taken by the judge on each such application. 628 (f) When the application is for the extension of a search 629 warrantan order, a statement setting forth the results thus far 630 obtained from the interception or a reasonable explanation of 631 the failure to obtain such results. 632 (2) The judge may require the applicant to furnish 633 additional testimony or documentary evidence in support of the 634 application. 635 (3) Upon such application, the judge may authorize a search 636 warrantenter anex parteorder, as requested or as modified, 637 authorizing or approving interception of wire, oral, or 638 electronic communications within the territorial jurisdiction of 639 the court in which the judge is sitting, and outside such 640 jurisdiction but within the State of Florida in the case of a 641 mobile interception device authorized by the judge within such 642 jurisdiction, if the judge determines on the basis of the facts 643 submitted by the applicant that: 644 (a) There is probable cause for belief that an individual 645 is committing, has committed, or is about to commit an offense 646 as provided in s. 934.07. 647 (b) There is probable cause for belief that particular 648 communications concerning that offense will be obtained through 649 such interception. 650 (c) Normal investigative procedures have been tried and 651 have failed or reasonably appear to be unlikely to succeed if 652 tried or to be too dangerous. 653 (d) Except as provided in subsection (11), there is 654 probable cause for belief that the facilities from which, or the 655 place where, the wire, oral, or electronic communications are to 656 be intercepted are being used, or are about to be used, in 657 connection with the commission of such offense, or are leased 658 to, listed in the name of, or commonly used by such person. 659 (4) Each search warrantorderauthorizing or approving the 660 interception of any wire, oral, or electronic communication 661 shall specify: 662 (a) The identity of the person, if known, whose 663 communications are to be intercepted. 664 (b) The nature and location of the communications 665 facilities as to which, or the place where, authority to 666 intercept is granted. 667 (c) A particular description of the type of communication 668 sought to be intercepted and a statement of the particular 669 offense to which it relates. 670 (d) The identity of the agency authorized to intercept the 671 communications and of the person authorizing the application. 672 (e) The period of time during which such interception is 673 authorized, including a statement as to whether or not the 674 interception shall automatically terminate when the described 675 communication has been first obtained. 676 677 A search warrantAn orderauthorizing the interception of a 678 wire, oral, or electronic communication shall, upon the request 679 of the applicant, direct that a provider of wire or electronic 680 communication service, landlord, custodian, or other person 681 shall furnish the applicant forthwith all information, 682 facilities, and technical assistance necessary to accomplish the 683 interception unobtrusively and with a minimum of interference 684 with the services that such service provider, landlord, 685 custodian, or person is according the person whose 686 communications are to be intercepted. The obligation of a 687 provider of wire, oral, or electronic communication service 688 under such a search warrantan ordermay include, but is not 689 limited to, conducting an in-progress trace during an 690 interception, or providing other assistance to support the 691 investigation as may be specified in the search warrantorder. 692 Any provider of wire or electronic communication service, 693 landlord, custodian, or other person furnishing such facilities 694 or technical assistance shall be compensated therefor by the 695 applicant for reasonable expenses incurred in providing such 696 facilities or assistance. 697 (5) A search warrantNo orderentered under this section 698 may not authorize or approve the interception of any wire, oral, 699 or electronic communication for any period longer than is 700 necessary to achieve the objective of the authorization or in 701 any event longer than 30 days. Such 30-day period begins on the 702 day on which the agent or officer of the law enforcement agency 703 first begins to conduct an interception under the search warrant 704orderor 10 days after the search warrant is approvedorder is705entered, whichever occurs earlier. Extensions of a search 706 warrantan ordermay be granted but only upon application for an 707 extension made in accordance with subsection (1) and upon the 708 court making the findings required by subsection (3). The period 709 of extension shall be no longer than the authorizing judge deems 710 necessary to achieve the purposes for which it was granted and 711 in no event for longer than 30 days. Every search warrantorder712 and extension thereof shall contain a provision that the 713 authorization to intercept shall be executed as soon as 714 practicable, shall be conducted in such a way as to minimize the 715 interception of communications not otherwise subject to 716 interception under ss. 934.03-934.09, and must terminate upon 717 attainment of the authorized objective or in any event in 30 718 days. If the intercepted communication is in code or foreign 719 language and an expert in that foreign language or code is not 720 reasonably available during the interception period, 721 minimization may be accomplished as soon as practicable after 722 such interception. An interception under ss. 934.03-934.09 may 723 be conducted in whole or in part by government personnel or by 724 an individual operating under a contract with the government, 725 acting under the supervision of an agent or officer of the law 726 enforcement agency authorized to conduct the interception. 727 (6) Whenever a search warrantan orderauthorizing 728 interception is grantedenteredpursuant to ss. 934.03-934.09, 729 the search warrantordermay require reports to be made to the 730 judge who issued the search warrantordershowing what progress 731 has been made toward achievement of the authorized objective and 732 the need for continued interception. Such reports shall be made 733 at such intervals as the judge may require. 734 (7) Notwithstanding any other provision of this chapter, 735 any investigative or law enforcement officer specially 736 designated by the Governor, the Attorney General, the statewide 737 prosecutor, or a state attorney acting under this chapter, who 738 reasonably determines that: 739 (a) An emergency exists that: 740 1. Involves immediate danger of death or serious physical 741 injury to any person, the danger of escape of a prisoner, or 742 conspiratorial activities threatening the security interest of 743 the nation or state; and 744 2. Requires that a wire, oral, or electronic communication 745 be intercepted before a search warrantan orderauthorizing such 746 interception can, with due diligence, be obtained; and 747 (b) There are grounds upon which a search warrantan order748 could be entered under this chapter to authorize such 749 interception, 750 751 may intercept such wire, oral, or electronic communication if an 752 application for a search warrantan orderapproving the 753 interception is made in accordance with this section within 48 754 hours after the interception has occurred or begins to occur. In 755 the absence of a search warrantan order, such interception 756 shall immediately terminate when the communication sought is 757 obtained or when the application for the search warrantorderis 758 denied, whichever is earlier. If such application for approval 759 is denied, or in any other case in which the interception is 760 terminated without a search warrantan orderhaving been issued, 761 the contents of any wire, oral, or electronic communication 762 intercepted shall be treated as having been obtained in 763 violation of s. 934.03(4), and an inventory shall be served as 764 provided for in paragraph (8)(e) on the person named in the 765 application. 766 (8)(a) The contents of any wire, oral, or electronic 767 communication intercepted by any means authorized by ss. 934.03 768 934.09 shall, if possible, be recorded on tape or wire or other 769 comparable device. The recording of the contents of any wire, 770 oral, or electronic communication under this subsection shall be 771 kept in such a way as will protect the recording from editing or 772 other alterations. Immediately upon the expiration of the period 773 of the search warrantorder, or extensions thereof, such 774 recordings shall be made available to the judge approving the 775 search warrantissuing such orderand sealed under his or her 776 directions. Custody of the recordings shall be wherever the 777 judge orders. They mayshallnot be destroyed except upon an 778 order of the issuing or denying judge, or that judge’s successor 779 in office, and in any event shall be kept for 10 years. 780 Duplicate recordings may be made for use or disclosure pursuant 781 tothe provisions ofs. 934.08(1) and (2) for investigations, or 782 for purposes of discovery as required by law. 783 (b) The presence of the seal provided for by this 784 subsection, or a satisfactory explanation for the absence 785 thereof, shall be a prerequisite for the use or disclosure of 786 the contents of any wire, oral, or electronic communication or 787 evidence derived therefrom under s. 934.08(3), as required by 788 federal law. 789 (c) Applications made and search warrantsordersgranted 790 under ss. 934.03-934.09 shall be sealed by the judge. Custody of 791 the applications and search warrantsordersshall be wherever 792 the judge directs. As required byfederallaw, such applications 793 and search warrantsordersshall be disclosed only for purposes 794 of discovery or upon a showing of good cause before a judge of 795 competent jurisdiction and mayshallnot be destroyed except on 796 order of the issuing or denying judge, or that judge’s successor 797 in office, and in any event shall be kept for 10 years. 798 (d) Any violation ofthe provisions ofthis subsection may 799 be punished as contempt of the issuing or denying judge. 800 (e) Within a reasonable time but not later than 90 days 801 after the termination of the period of a search warrantan order802 or extensions thereof, the issuing or denying judge shall cause 803 to be served on the persons named in the search warrantorderor 804 the application, and such other parties to intercepted 805 communications as the judge may determine in his or her 806 discretion to be in the interest of justice, an inventory which 807 shall include notice of: 808 1. The fact of the approval of the search warrantentry of809theorderor the application. 810 2. The date of the approval of the search warrantentryand 811 the period of authorized, approved, or disapproved interception, 812 or the denial of the application. 813 3. The fact that during the period wire, oral, or 814 electronic communications were or were not intercepted. 815 816 The judge, upon the filing of a motion, may make available to 817 such person or the person’s counsel for inspection such portions 818 of the intercepted communications, applications, and search 819 warrantsordersas the judge determines to be in the interest of 820 justice. On an ex parte showing of good cause to a judge of 821 competent jurisdiction, the serving of the inventory required by 822 this paragraph may be postponed. 823 (9)As required by federal law,The contents of any 824 intercepted wire, oral, or electronic communication or evidence 825 derived therefrom mayshallnot be received in evidence or 826 otherwise disclosed in any trial, hearing, or other proceeding 827 unless each party, not less than 10 days before the trial, 828 hearing, or proceeding, has been furnished with a copy of the 829 search warrantcourtorderand accompanying application under 830 which the interception was authorized or approved. This 10-day 831 period may be waived by the judge if he or she finds that it was 832 not possible to furnish the party with the above information 10 833 days before the trial, hearing, or proceeding and that the party 834 will not be prejudiced by the delay in receiving such 835 information. 836 (10)(a) AnAnyaggrieved person before or in any trial, 837 hearing, or proceeding in or before any court, department, 838 officer, agency, regulatory body, or other authority may move to 839 suppress the contents of any intercepted wire, oral, or 840 electronic communication, or evidence derived therefrom, on the 841 grounds that: 842 1. The communication was unlawfully intercepted; 843 2. The search warrantorder of authorization or approval844 under which it was intercepted is insufficient on its face; or 845 3. The interception was not made in conformity with the 846 search warrantorder of authorization or approval. 847 (b) Except as otherwise provided in the applicable Florida 848 Rules of Criminal Procedure, in a criminal matter: 849 1. Such motion shall be made before the trial, hearing, or 850 proceeding unless there was no opportunity to make such motion 851 or the person was not aware of the grounds of the motion. 852 2. If the motion is granted, the contents of the 853 intercepted wire or oral communication, or evidence derived 854 therefrom, shall be treated as having been obtained in violation 855 of ss. 934.03-934.09 and are not admissible as evidence. 856 3. The judge, upon the filing of such motion by the 857 aggrieved person, may make available to the aggrieved person or 858 his or her counsel for inspection such portions of the 859 intercepted communication or evidence derived therefrom as the 860 judge determines to be in the interest of justice. 861 (c)(b)In addition to any other right to appeal, the state 862 shall have the right to appeal from an order granting a motion 863 to suppress made under paragraph (a) or the denial of an 864 application for a search warrantan order of approvalif the 865 attorney shall certify to the judge or other official granting 866 such motion or denying such application that the appeal is not 867 taken for purposes of delay. Such appeal shall be taken within 868 30 days after the date the order was entered and shall be 869 diligently prosecuted. 870 (d)(c)The remedies and sanctions described in ss. 934.03 871 934.10 with respect to the interception of electronic 872 communications are the only judicial remedies and sanctions for 873 violations of those sections involving such communications. 874 (11) The requirements of subparagraph (1)(b)2. and 875 paragraph (3)(d) relating to the specification of the facilities 876 from which, or the place where, the communication is to be 877 intercepted do not apply if: 878 (a) In the case of an application with respect to the 879 interception of an oral communication: 880 1. The application is by an agent or officer of a law 881 enforcement agency and is approved by the Governor, the Attorney 882 General, the statewide prosecutor, or a state attorney. 883 2. The application contains a full and complete statement 884 as to why such specification is not practical and identifies the 885 person committing the offense and whose communications are to be 886 intercepted. 887 3. The judge finds that such specification is not 888 practical. 889 (b) In the case of an application with respect to a wire or 890 electronic communication: 891 1. The application is by an agent or officer of a law 892 enforcement agency and is approved by the Governor, the Attorney 893 General, the statewide prosecutor, or a state attorney. 894 2. The application identifies the person believed to be 895 committing the offense and whose communications are to be 896 intercepted and the applicant makes a showing that there is 897 probable cause to believe that the person’s actions could have 898 the effect of thwarting interception from a specified facility 899 or that the person whose communications are to be intercepted 900 has removed, or is likely to remove, himself or herself to 901 another judicial circuit within the state. 902 3. The judge finds that such showing has been adequately 903 made. 904 4. The search warrantorderauthorizing or approving the 905 interception is limited to interception only for such time as it 906 is reasonable to presume that the person identified in the 907 application is or was reasonably proximate to the instrument 908 through which such communication will be or was transmitted. 909 910Consistent with this paragraph, a judge of competent911jurisdiction may authorize interception within this state,912whether the interception is within or outside the court’s913jurisdiction, if the application for the interception makes a914showing that some activity or conspiracy believed to be related915to, or in furtherance of, the criminal predicate for the916requested interception has occurred or will likely occur, or the917communication to be intercepted or expected to be intercepted is918occurring or will likely occur, in whole or in part, within the919jurisdiction of the court where the order is being sought.920 (12) If an interception of a communication is to be carried 921 out pursuant to subsection (11), such interception may not begin 922 until the facilities from which, or the place where, the 923 communication is to be intercepted is ascertained by the person 924 implementing the interception search warrantorder. A provider 925 of wire or electronic communications service that has received a 926 search warrantanorderas provided under paragraph (11)(b) may 927 petition the court to modify or quash the search warrantorder928 on the ground that the interception cannot be performed in a 929 timely or reasonable fashion. The court, upon notice to the 930 state, shall decide such a petition expeditiously. 931 (13) Consistent with this section, a judge of competent 932 jurisdiction may authorize interception within this state, 933 whether the interception is within or outside the court’s 934 jurisdiction, if the application for the interception makes a 935 showing that some activity or conspiracy believed to be related 936 to, or in furtherance of, the criminal predicate for the 937 requested interception has occurred or will likely occur, or the 938 communication to be intercepted or expected to be intercepted is 939 occurring or will likely occur, in whole or in part, within the 940 jurisdiction of the court where the search warrant is being 941 sought. 942 Section 9. Subsection (2) of section 934.10, Florida 943 Statutes, is amended, and subsection (1) of that section is 944 reenacted, to read: 945 934.10 Civil remedies.— 946 (1) Any person whose wire, oral, or electronic 947 communication is intercepted, disclosed, or used in violation of 948 ss. 934.03-934.09 shall have a civil cause of action against any 949 person or entity who intercepts, discloses, or uses, or procures 950 any other person or entity to intercept, disclose, or use, such 951 communications and shall be entitled to recover from any such 952 person or entity which engaged in that violation such relief as 953 may be appropriate, including: 954 (a) Preliminary or equitable or declaratory relief as may 955 be appropriate; 956 (b) Actual damages, but not less than liquidated damages 957 computed at the rate of $100 a day for each day of violation or 958 $1,000, whichever is higher; 959 (c) Punitive damages; and 960 (d) A reasonable attorney’s fee and other litigation costs 961 reasonably incurred. 962 (2) A good faith reliance on any of the following 963 constitutes a complete defense to any civil, criminal, or 964 administrative action arising out of such conduct under the laws 965 of this state: 966 (a) A search warrantcourt order, subpoena, or legislative967authorizationas provided for in ss. 934.03-934.09;,968 (b) A request of an investigative or law enforcement 969 officer under s. 934.09(7);,or 970 (c) A good faith determination that Florida or federal law, 971 other than 18 U.S.C. s. 2511(2)(d), authorizedpermittedthe 972 conduct complained of 973 974shall constitute a complete defense to any civil or criminal, or975administrative action arising out of such conduct under the laws976of this state. 977 Section 10. Section 934.21, Florida Statutes, is amended to 978 read: 979 934.21 Unlawful access to stored communications; 980 penalties.— 981 (1) Except as provided in subsection (3), whoever: 982 (a) Intentionally accesses without authorization a facility 983 through which an electronic communication service is provided, 984 or 985 (b) Intentionally exceeds an authorization to access such 986 facility, 987 988 and thereby obtains, alters, or prevents authorized access to a 989 wire or electronic communication while it is in electronic 990 storage in such system shall be punished as provided in 991 subsection (2). 992 (2) The punishment for an offense under subsection (1) is 993 as follows: 994 (a) If the offense is committed for purposes of commercial 995 advantage, malicious destruction or damage, or private 996 commercial gain, the personis: 997 1. In the case of a first offense under this subsection, 998 commitsguilty ofa misdemeanor of the first degree, punishable 999 as provided in s. 775.082, s. 775.083, or s. 934.41. 1000 2. In the case of any subsequent offense under this 1001 subsection, commitsguilty ofa felony of the third degree, 1002 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 1003 s. 934.41. 1004 (b) In any other case, the person commitsis guilty ofa 1005 misdemeanor of the second degree, punishable as provided in s. 1006 775.082 or s. 775.083. 1007 (3) Subsection (1) does not apply with respect to conduct 1008 authorized: 1009 (a) By the person or entity providing a wire, an oral, or 1010 an electronic communications service, including through cellular 1011 phones, microphone-enabled household devices, or portable 1012 electronic communication devices; 1013 (b) By a user of a wire, an oral, or an electronic 1014 communications service, including through cellular phones, 1015 microphone-enabled household devices, or portable electronic 1016 communication devices, with respect to a communication of or 1017 intended for that user;or1018 (c) In s. 934.09, s. 934.23, or s. 934.24; 1019 (d) In chapter 933; or 1020 (e) For accessing for a legitimate business purpose 1021 information that is not personally identifiable or that has been 1022 collected in a way that prevents identification of the user of 1023 the device. 1024 Section 11. Section 934.42, Florida Statutes, is amended to 1025 read: 1026 934.42 Mobile tracking device and location tracking 1027 authorization.— 1028 (1) As used in this section, the term: 1029 (a) “Historical location data” means historical precise 1030 global positioning system location data in the possession of a 1031 provider. 1032 (b) “Mobile tracking device” means an electronic or a 1033 mechanical device that tracks the movement of a person or an 1034 object. 1035 (c) “Real-time location tracking” means the: 1036 1. Installation and use of a mobile tracking device on the 1037 object to be tracked; 1038 2. Acquisition of real-time cell-site location data; or 1039 3. Acquisition of real-time precise global positioning 1040 system location data. 1041 (2)(1)An investigative or law enforcement officer may make 1042 application to a judge of competent jurisdiction for a search 1043 warrantan orderauthorizing or approving real-time location 1044 tracking or the acquisition of historical location data in the 1045 possession of the providerthe installation and use of a mobile1046tracking device. 1047 (3)(2)An application under subsection (2)(1)of this1048sectionmust include: 1049 (a) A statement of the identity of the applicant and the 1050 identity of the law enforcement agency conducting the 1051 investigation. 1052 (b) A statement setting forth a reasonable period of time 1053 during which the mobile tracking device may be used or the 1054 location data may be obtained in real time, not to exceed 45 1055 days from the date on which the search warrant is issued. The 1056 court may, for good cause, grant one or more extensions for a 1057 reasonable period of time, not to exceed 45 days each. When 1058 seeking historical location data, the applicant must specify a 1059 date range for the data soughtcertification by the applicant1060that the information likely to be obtained is relevant to an1061ongoing criminal investigation being conducted by the1062investigating agency. 1063 (c) A statement of the offense to which the information 1064 likely to be obtained relates. 1065 (d) A statement as to whether it may be necessary to use 1066 and monitor the mobile tracking device outside the jurisdiction 1067 of the court from which authorization is being sought. 1068 (4)(3)Upon application made as provided under subsection 1069 (3)(2), the court, if it finds probable causethat the1070certificationand finds that the statements required by 1071 subsection (3)(2)have been made in the application, must grant 1072 a search warrantshallenter anex parteorderauthorizing real 1073 time location tracking or the acquisition of historical location 1074 datathe installation and use of a mobile tracking device. Such 1075 search warrantordermay authorize the location trackinguse of1076the devicewithin the jurisdiction of the court and outside that 1077 jurisdiction but within the State of Florida if the location 1078 trackingdeviceis initiatedinstalledwithin the jurisdiction 1079 of the court. The search warrant must command the investigative 1080 or law enforcement officer to complete any initiation of the 1081 location tracking or execution of the search warrant for 1082 historical location data authorized by the search warrant within 1083 a specified period of time not to exceed 10 calendar days. 1084 (5)(4)A court may not require greater specificity or 1085 additional information beyond that which is required by law and 1086 this section as a requisite for issuing a search warrantan1087order. 1088 (6) Within 10 days after the timeframe specified in 1089 paragraph (3)(b) has ended, the investigative or law enforcement 1090 officer executing a search warrant must return the search 1091 warrant to the issuing judge. When the search warrant is 1092 authorizing the acquisition of historical location data, the 1093 investigative or law enforcement officer executing the search 1094 warrant must return the search warrant to the issuing judge 1095 within 10 days after receipt of the records. The investigative 1096 or law enforcement officer may do so by reliable electronic 1097 means. 1098 (7) Within 10 days after the timeframe specified in 1099 paragraph (3)(b) has ended, the investigative or law enforcement 1100 officer executing a search warrant must serve a copy of the 1101 search warrant on the person who, or whose property, was 1102 tracked. When the search warrant is authorizing the acquisition 1103 of historical location data, the investigative or law 1104 enforcement officer executing the search warrant must serve a 1105 copy of the search warrant on the person whose data was obtained 1106 within 10 days after receipt of the records. Service may be 1107 accomplished by delivering a copy to the person who, or whose 1108 property, was tracked or whose data was obtained or by leaving a 1109 copy at the person’s residence or usual place of abode with an 1110 individual of suitable age and discretion who resides at that 1111 location and by mailing a copy to the person’s last known 1112 address. Upon a showing of good cause to a court of competent 1113 jurisdiction, the court may grant one or more postponements of 1114 this notice for a period of 90 days each. 1115 (8)(5)The standards established by Florida courts and the 1116 United States Supreme Court for the installation, use, orand1117 monitoring of mobile tracking devices and the acquisition of 1118 location data shall apply to the installation, use, or 1119 monitoringand useof any device and the acquisition of location 1120 data as authorized by this section. 1121(6) As used in this section, a “tracking device” means an1122electronic or mechanical device which permits the tracking of1123the movement of a person or object.1124 (9)(a) Notwithstanding any other provision of this chapter, 1125 any investigative or law enforcement officer specially 1126 designated by the Governor, the Attorney General, the statewide 1127 prosecutor, or a state attorney acting pursuant to this chapter 1128 who reasonably determines that: 1129 1. An emergency exists which: 1130 a. Involves immediate danger of death or serious physical 1131 injury to any person or the danger of escape of a prisoner; and 1132 b. Requires real-time location tracking before a search 1133 warrant authorizing such tracking can, with due diligence, be 1134 obtained; and 1135 2. There are grounds upon which a search warrant could be 1136 issued under this chapter to authorize such tracking, 1137 1138 may engage in real-time location tracking if, within 48 hours 1139 after the tracking has occurred or begins to occur, a search 1140 warrant approving the tracking is issued in accordance with this 1141 section. 1142 (b) In the absence of an authorizing search warrant, such 1143 tracking must immediately terminate when the information sought 1144 is obtained, when the application for the search warrant is 1145 denied, or when 48 hours have lapsed since the tracking began, 1146 whichever is earlier. 1147 Section 12. For the purpose of incorporating the amendments 1148 made by this act to sections 934.03 and 934.07, Florida 1149 Statutes, in references thereto, paragraph (b) of subsection (2) 1150 of section 934.22, Florida Statutes, is reenacted to read: 1151 934.22 Voluntary disclosure of customer communications or 1152 records.— 1153 (2) A provider described in subsection (1) may divulge the 1154 contents of a communication: 1155 (b) As otherwise authorized in s. 934.03(2)(a), s. 934.07, 1156 or s. 934.23. 1157 Section 13. For the purpose of incorporating the amendments 1158 made by this act to sections 934.09 and 934.21, Florida 1159 Statutes, in references thereto, subsections (1) and (4) of 1160 section 934.27, Florida Statutes, are reenacted to read: 1161 934.27 Civil action: relief; damages; defenses.— 1162 (1) Except as provided in s. 934.23(5), any provider of 1163 electronic communication service, or subscriber or customer 1164 thereof, aggrieved by any violation of ss. 934.21-934.28 in 1165 which the conduct constituting the violation is engaged in with 1166 a knowing or intentional state of mind may, in a civil action, 1167 recover from the person or entity which engaged in that 1168 violation such relief as is appropriate. 1169 (4) A good faith reliance on any of the following is a 1170 complete defense to any civil or criminal action brought under 1171 ss. 934.21-934.28: 1172 (a) A court warrant or order, a subpoena, or a statutory 1173 authorization, including, but not limited to, a request of an 1174 investigative or law enforcement officer to preserve records or 1175 other evidence, as provided in s. 934.23(7). 1176 (b) A request of an investigative or law enforcement 1177 officer under s. 934.09(7). 1178 (c) A good faith determination that s. 934.03(3) permitted 1179 the conduct complained of. 1180 Section 14. For the purpose of incorporating the amendment 1181 made by this act to section 934.21, Florida Statutes, in a 1182 reference thereto, subsection (6) of section 934.23, Florida 1183 Statutes, is reenacted to read: 1184 934.23 Required disclosure of customer communications or 1185 records.— 1186 (6) No cause of action shall lie in any court against any 1187 provider of wire or electronic communication service, its 1188 officers, employees, agents, or other specified persons for 1189 providing information, facilities, or assistance in accordance 1190 with the terms of a court order, warrant, subpoena, or 1191 certification under ss. 934.21-934.28. 1192 Section 15. For the purpose of incorporating the amendment 1193 made by this act to section 934.21, Florida Statutes, in 1194 references thereto, subsections (6) and (7) of section 934.24, 1195 Florida Statutes, are reenacted to read: 1196 934.24 Backup preservation; customer notification; 1197 challenges by customer.— 1198 (6) Within 14 days after notice by the investigative or law 1199 enforcement officer to the subscriber or customer under 1200 subsection (2), the subscriber or customer may file a motion to 1201 quash the subpoena or vacate the court order seeking contents of 1202 electronic communications, with copies served upon the 1203 investigative or law enforcement officer and with written notice 1204 of such challenge to the service provider. A motion to vacate a 1205 court order must be filed in the court which issued the order. A 1206 motion to quash a subpoena must be filed in the circuit court in 1207 the circuit from which the subpoena issued. Such motion or 1208 application must contain an affidavit or sworn statement: 1209 (a) Stating that the applicant is a subscriber or customer 1210 of the service from which the contents of electronic 1211 communications maintained for her or him have been sought, and 1212 (b) Stating the applicant’s reasons for believing that the 1213 records sought are not relevant to a legitimate law enforcement 1214 inquiry or that there has not been substantial compliance with 1215 the provisions of ss. 934.21-934.28 in some other respect. 1216 (7) Except as otherwise obtained under paragraph (3)(a), 1217 service must be made under this section upon an investigative or 1218 law enforcement officer by delivering or mailing by registered 1219 or certified mail a copy of the papers to the person, office, or 1220 department specified in the notice which the subscriber or 1221 customer has received pursuant to ss. 934.21-934.28. For the 1222 purposes of this subsection, the term “delivering” shall be 1223 construed in accordance with the definition of “delivery” as 1224 provided in Rule 1.080, Florida Rules of Civil Procedure. 1225 Section 16. For the purpose of incorporating the amendment 1226 made by this act to section 934.21, Florida Statutes, in a 1227 reference thereto, subsection (5) of section 934.25, Florida 1228 Statutes, is reenacted to read: 1229 934.25 Delayed notice.— 1230 (5) Upon the expiration of the period of delay of 1231 notification under subsection (1) or subsection (4), the 1232 investigative or law enforcement officer must serve upon or 1233 deliver by registered or first-class mail to the subscriber or 1234 customer a copy of the process or request together with notice 1235 which: 1236 (a) States with reasonable specificity the nature of the 1237 law enforcement inquiry, and 1238 (b) Informs the subscriber or customer: 1239 1. That information maintained for such subscriber or 1240 customer by the service provider named in the process or request 1241 was supplied to or requested by the investigative or law 1242 enforcement officer and the date on which such information was 1243 so supplied or requested. 1244 2. That notification of such subscriber or customer was 1245 delayed. 1246 3. What investigative or law enforcement officer or what 1247 court made the certification or determination pursuant to which 1248 that delay was made. 1249 4. Which provision of ss. 934.21-934.28 allowed such delay. 1250 Section 17. For the purpose of incorporating the amendment 1251 made by this act to section 934.21, Florida Statutes, in a 1252 reference thereto, section 934.28, Florida Statutes, is 1253 reenacted to read: 1254 934.28 Exclusivity of remedies and sanctions.—The remedies 1255 and sanctions described in ss. 934.21-934.27 are the only 1256 judicial remedies and sanctions for violation of those sections. 1257 Section 18. This act shall take effect July 1, 2021.