SB 442 — Search Warrants

Florida Senate - 2026 CS for SB 442 By Senatorthe YarboroughCommittee 4-00808-26on 2026442__Rules; A bill to be entitled An act relating to return of certain search warrants;

and Senator Yarborough 595-02935-26 2026442c1 A bill to be entitled An act relating to search warrants;

933.02, F.S.;

authorizing a search warrant to be issued to recover a deceased body;

amending s.

extendingrevising the time period within which acertain search warrantwarrants issued for computers, computer systems, or electronic devices that are in the actual possession of a law enforcement agency at the time the warrant is issued must be returned to the court;

specifying the time period within which a search warrant issued for certain devices is considered timely executed;

specifying that a law enforcement agency may review data or information contained in certain devices after specified periods if the devices were timely seized;

providing definitions;

amending s.

933.07, F.S.;

providing that a judge may authorize a law enforcement officer applying for a search warrant to appear remotely;

defining the term “audio-video communication technology”;

creating s.

934.025, F.S.;

providing that a judge may authorize a law enforcement officer applying for a search warrant or court order to appear remotely;

defining the term “audio-video communication technology”;

amending s.

934.50, F.S.;

authorizing a law enforcement agency to obtain a search warrant to use a drone to conduct a search in certain circumstances;

SectionSubsection 933.05,(6) Floridais Statutes,added isto amendedsection 933.02, Florida Statutes, to read:

933.05933.02 IssuanceGrounds infor blankissuance prohibited.—Aof search warrantwarrant.—Upon cannotproper bePage issued1 exceptof upon4 probableCODING: cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized;

aWords nostricken search warrant may not shall be issued in blank, and any such warrant must shall be returned within 10 days after issuance thereof, except that a search warrant issued for a computer, a computer system, or an electronic device, as those terms are defineddeletions; in s.

815.03,words thatunderlined isare inadditions. the actual possession of a law enforcement agency at the time such warrant is issued must shall be returned to the court within 365 45 days after issuance thereof.

Florida Senate - 2026 CS for SB 442 595-02935-26 2026442c1 affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:

(6) To recover a deceased body.

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 933.05, Florida Statutes, is amended to read:

933.05 Issuance and return of search warrants;

issuance in blank prohibited.— (1) A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized.

A;

no search warrant may not shall be issued in blank.

(2) A search, and any such warrant must shall be returned within 10 days after issuance, not including the date of issuance thereof, except that a search warrant issued:

(a) To an out-of-state provider for electronic communications data as described in s.

934.23 must be returned within 20 days.

(b) To search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples, or to seize specimens pursuant to s.

943.325 for entry into the DNA database must be returned within 30 days.

(c) For a computer, a computer system, or an electronic device must be returned within 365 days, as those terms are defined in s.

815.03, that is in the actual possession of a law Page 2 of 4 CODING:

Words stricken are deletions;