SB 470 — Searches of Cellular Phones and Other Electronic Devices

Florida Senate - 2020 CS for SB 470 By Senatorthe BrandesCommittee 24-00120-20on 2020470__Criminal AJustice; bill to be entitled An act relating to searches of cellular phones and other electronic devices;

and Senators Brandes and Bracy 591-01354-20 2020470c1 A bill to be entitled An act relating to searches of cellular phones and other electronic devices;

redefining the termterms “oral communication” and “electronic communication”;

133134 Be It Enacted by the Legislature of the State of Florida:

135136 Section 1. Section 933.02, Florida Statutes, is amended to read:

164165 This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.

Section 4. Subsection4. Subsections (2) and (12) of section 934.02, Florida Statutes, isare amended, and subsections (27) and (28) are added to that section, to read:

(12) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, communication tower, satellite, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include:

(a) Any wire or oral communication;

(b) Any communication made through a tone-only paging device;

(c) Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object;

or (c)(d) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

39.201 368384 to intercept and record incoming wire communications;

656672 A search warrant An order authorizing the interception of a wire, oral, or electronic communication shall, upon the request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted.

and (b) There are grounds upon which a search warrant an order could be entered under this chapter to authorize such interception 730746 may intercept such wire, oral, or electronic communication if an application for a search warrant an order approving the interception is made in accordance with this section within 48 hours after the interception has occurred or begins to occur.

795811 The judge, upon the filing of a motion, may make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications, and search warrants orders as the judge determines to be in the interest of justice.

888904 Consistent with this paragraph, a judge of competent jurisdiction may authorize interception within this state, whether the interception is within or outside the court’s jurisdiction, if the application for the interception makes a showing that some activity or conspiracy believed to be related to, or in furtherance of, the criminal predicate for the requested interception has occurred or will likely occur, or the communication to be intercepted or expected to be intercepted is occurring or will likely occur, in whole or in part, within the jurisdiction of the court where the order is being sought.

2511(2)(d), authorized permitted the conduct complained of 952968 shall constitute a complete defense to any civil or criminal, or administrative action arising out of such conduct under the laws of this state.

(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or (b) Intentionally exceeds an authorization to access such facility, 966982 and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (2).

and 2. There are grounds upon which a search warrant could be issued under this chapter to authorize such tracking, 11141130 may engage in real-time location tracking if, within 48 hours after the tracking has occurred or begins to occur, a search warrant approving the tracking is issued in accordance with this section.