Bill Text: FL S1256 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Search of the Content, Information, and Communications of Cellular Phones, Portable Electronic Communication Devices, and Microphone-enabled Household Devices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2018-03-10 - Died in Messages [S1256 Detail]
Download: Florida-2018-S1256-Comm_Sub.html
Bill Title: Search of the Content, Information, and Communications of Cellular Phones, Portable Electronic Communication Devices, and Microphone-enabled Household Devices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2018-03-10 - Died in Messages [S1256 Detail]
Download: Florida-2018-S1256-Comm_Sub.html
Florida Senate - 2018 CS for CS for CS for SB 1256 By the Committees on Rules; Judiciary; and Criminal Justice; and Senator Brandes 595-03542-18 20181256c3 1 A bill to be entitled 2 An act relating to security of communications; 3 amending s. 934.01, F.S.; revising and providing 4 legislative findings; amending s. 934.02, F.S.; 5 redefining the term “oral communication”; defining the 6 terms “microphone-enabled household device” and 7 “portable electronic communication device”; amending 8 s. 934.21, F.S.; revising the exceptions to conduct 9 that constitute unlawful access to stored 10 communications; conforming a provision to changes made 11 by the act; amending s. 934.23, F.S.; defining the 12 term “investigative or law enforcement officer” and 13 specifying that an exception to such definition is 14 that in any criminal investigation a law enforcement 15 agency must request a prosecutor obtain a subpoena for 16 information obtainable by a subpoena; requiring a 17 warrant for any content of a stored communications; 18 deleting provisions relating to obtaining content of 19 stored communications, with required subscriber 20 notice, by obtaining a court order for disclosure or 21 using a subpoena; deleting provisions relating to any 22 electronic communication held or maintained in a 23 remote computing service; deleting a provision on not 24 providing notice applicable to a subpoena for basic 25 subscriber information; repealing s. 934.24, F.S.; 26 deleting provisions relating to backup protection for 27 content of stored communication; deleting provisions 28 authorizing a subscriber to seek a court order to 29 quash such subpoena or vacate such court order for 30 disclosure; amending 934.25, F.S., deleting provisions 31 relating to delaying subscriber notice when such 32 notice is required for obtaining contents of stored 33 communications pursuant to a court order for 34 disclosure or subpoena; deleting references to 35 subscriber notice or delay of such notice in 36 provisions relating to nondisclosure of a warrant, 37 court order, or subpoena for stored communications; 38 defining the term “adverse result”; creating s. 39 934.255, F.S.; defining the terms “adverse result,” 40 “child,” “investigative or law enforcement officer,” 41 “sexual abuse of child,” and “supervisory official”; 42 specifying an exception to the definition of the term 43 “investigative or law enforcement officer” is that in 44 any criminal investigation a law enforcement agency 45 must request a prosecutor obtain a subpoena for 46 information obtainable by a subpoena; authorizing an 47 investigative or law enforcement officer conducting an 48 investigation into specified matters to subpoena 49 certain persons or entities for the production of 50 records, documents, or other tangible things and 51 testimony; authorizing an investigative or law 52 enforcement officer conducting an investigation into 53 specified matters to subpoena certain person or 54 entities for subscriber or customer information 55 relevant to stored communications; specifying 56 requirements for the issuance of a subpoena; 57 authorizing a subpoenaed person to petition a court 58 for an order modifying or setting aside a prohibition 59 on disclosure; authorizing, under certain 60 circumstances, an investigative or law enforcement 61 officer to retain subpoenaed records, documents, or 62 other tangible objects; prohibiting the disclosure of 63 a subpoena for a specified period if the disclosure 64 might result in an adverse result; providing 65 exceptions; requiring an investigative or law 66 enforcement officer to maintain a true copy of a 67 written certification required for nondisclosure; 68 authorizing an investigative or law enforcement 69 officer to apply to a court for an order prohibiting 70 certain entities from notifying any person of the 71 existence of a subpoena under certain circumstances; 72 authorizing an investigative or law enforcement 73 officer to petition a court to compel compliance with 74 a subpoena; authorizing a court to punish a person who 75 does not comply with a subpoena as indirect criminal 76 contempt; providing criminal penalties; precluding a 77 cause of action against certain entities or persons 78 for providing information, facilities, or assistance 79 in accordance with terms of a subpoena; providing for 80 preservation of evidence pending issuance of legal 81 process; providing that certain entities or persons 82 shall be held harmless from any claim and civil 83 liability resulting from disclosure of specified 84 information; providing for reasonable compensation for 85 reasonable expenses incurred in providing assistance; 86 requiring that a subpoenaed witness be paid certain 87 fees and mileage; amending s. 934.42, F.S.; 88 authorizing an investigative or law enforcement 89 officer to apply to a judge of competent jurisdiction 90 for a warrant, rather than an order, authorizing the 91 acquisition of cellular-site location data, precise 92 global positioning satellite location data, or 93 historical global positioning satellite location data; 94 requiring an application for a warrant to include a 95 statement of a reasonable period of time that a mobile 96 tracking device may be used, not to exceed a specified 97 limit; authorizing a court to grant extensions that do 98 not individually exceed a specified limit, for good 99 cause; deleting a provision requiring a certification 100 to be included in the application for an order; 101 requiring the warrant to command the officer to 102 complete an installation authorized by the warrant 103 within a certain timeframe; providing requirements for 104 the return of the warrant to the judge and service of 105 a copy of the warrant on the person who was tracked or 106 whose property was tracked; authorizing a court, for 107 good cause, to postpone the notice requirement for a 108 specified time period; requiring that the standards 109 established by Florida courts for the installation, 110 use, or monitoring of mobile tracking devices apply to 111 the installation, use, or monitoring of certain 112 devices; redefining the term “tracking device”; 113 authorizing any investigative or law enforcement 114 officer who is specially designated by certain persons 115 and who makes specified determinations to install or 116 use a mobile tracking device under certain 117 circumstances; providing requirements for the 118 installation and use of such mobile tracking devices; 119 amending s. 934.26, F.S.; conforming a provision to 120 changes made by the act; providing an effective date. 121 122 Be It Enacted by the Legislature of the State of Florida: 123 124 Section 1. Section 934.01, Florida Statutes, is amended to 125 read: 126 934.01 Legislative findings.—On the basis of its own 127 investigations and of published studies, the Legislature makes 128 the following findings: 129 (1) Wire communications are normally conducted through the 130 use of facilities which form part of an intrastate network. The 131 same facilities are used for interstate and intrastate 132 communications. 133 (2) In order to protect effectively the privacy of wire, 134andoral, and electronic communications, to protect the 135 integrity of court and administrative proceedings, and to 136 prevent the obstruction of intrastate commerce, it is necessary 137 for the Legislature to define the circumstances and conditions 138 under which the interception of wire,andoral, and electronic 139 communications may be authorized and to prohibit any 140 unauthorized interception of such communications and the use of 141 the contents thereof in evidence in courts and administrative 142 proceedings. 143 (3) Organized criminals make extensive use of wire,and144 oral, and electronic communications in their criminal 145 activities. The interception of such communications to obtain 146 evidence of the commission of crimes or to prevent their 147 commission is an indispensable aid to law enforcement and the 148 administration of justice. 149 (4) To safeguard the privacy of innocent persons, the 150 interception of wire,ororal, or electronic communications when 151 none of the parties to the communication has consented to the 152 interception should be allowed only when authorized by a court 153 of competent jurisdiction and should remain under the control 154 and supervision of the authorizing court. Interception of wire, 155andoral, and electronic communications should further be 156 limited to certain major types of offenses and specific 157 categories of crime with assurance that the interception is 158 justified and that the information obtained thereby will not be 159 misused. 160 (5) To safeguard the privacy of innocent persons, the 161 Legislature recognizes that the subjective expectation of 162 privacy in precision location data that society is now prepared 163 to accept is objectively reasonable. As such, the law 164 enforcement collection of the precise location of a person, 165 cellular phone, or portable electronic communication device 166 without the consent of the person or owner of the cellular phone 167 or portable electronic communication device should be allowed 168 only when authorized by a warrant issued by a court of competent 169 jurisdiction and should remain under the control and supervision 170 of the authorizing court. 171 (6) The Legislature recognizes that the use of portable 172 electronic communication devices is growing at a rapidly 173 increasing rate. These devices can store, and encourage the 174 storing of, an almost limitless amount of personal and private 175 information. Often linked to the Internet, these devices are 176 commonly used to access personal and business information and 177 databases in computers and servers that can be located anywhere 178 in the world. The user of a portable electronic communication 179 device has a reasonable and justifiable expectation of privacy 180 in the information that these devices contain. 181 (7) The Legislature recognizes that the use of household 182 electronic devices, including microphone-enabled household 183 devices, is growing at a rapidly increasing rate. These devices 184 often contain microphones that listen for and respond to 185 environmental cues. These household devices are generally 186 connected to and communicate through the Internet, resulting in 187 the storage of and accessibility to daily household information 188 in a device itself or in a remote computing service. Persons 189 should not have to choose between using household technological 190 enhancements and conveniences or preserving the right to privacy 191 in one’s home. 192 Section 2. Subsection (2) of section 934.02, Florida 193 Statutes, is amended, and subsections (27) and (28) are added to 194 that section, to read: 195 934.02 Definitions.—As used in this chapter: 196 (2) “Oral communication” means any oral communication 197 uttered by a person exhibiting an expectation that such 198 communication is not subject to interception under circumstances 199 justifying such expectation, including the use of a microphone 200 enabled household device, and does not mean any public oral 201 communication uttered at a public meeting or any electronic 202 communication. 203 (27) “Microphone-enabled household device” means a device, 204 sensor, or other physical object within a residence: 205 (a) Capable of connecting to the Internet, directly or 206 indirectly, or to another connected device; 207 (b) Capable of creating, receiving, accessing, processing, 208 or storing electronic data or communications; 209 (c) Which communicates with, by any means, another entity 210 or individual; and 211 (d) Which contains a microphone designed to listen for and 212 respond to environmental cues. 213 (28) “Portable electronic communication device” means an 214 object capable of being easily transported or conveyed by a 215 person which is capable of creating, receiving, accessing, or 216 storing electronic data or communications and which communicates 217 with, by any means, another device, entity, or individual. 218 Section 3. Section 934.21, Florida Statutes, is amended to 219 read: 220 934.21 Unlawful access to stored communications; 221 penalties.— 222 (1) Except as provided in subsection (3), whoever: 223 (a) Intentionally accesses without authorization a facility 224 through which an electronic communication service is provided, 225 or 226 (b) Intentionally exceeds an authorization to access such 227 facility, 228 229 and thereby obtains, alters, or prevents authorized access to a 230 wire or electronic communication while it is in electronic 231 storage in such system shall be punished as provided in 232 subsection (2). 233 (2) The punishment for an offense under subsection (1) is 234 as follows: 235 (a) If the offense is committed for purposes of commercial 236 advantage, malicious destruction or damage, or private 237 commercial gain, the personis: 238 1. In the case of a first offense under this subsection, 239 commitsguilty ofa misdemeanor of the first degree, punishable 240 as provided in s. 775.082, s. 775.083, or s. 934.41. 241 2. In the case of any subsequent offense under this 242 subsection, commitsguilty ofa felony of the third degree, 243 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or 244 s. 934.41. 245 (b) In any other case, the person commitsis guilty ofa 246 misdemeanor of the second degree, punishable as provided in s. 247 775.082 or s. 775.083. 248 (3) Subsection (1) does not apply with respect to conduct 249 authorized: 250 (a) By the person or entity providing a wire, oral, or 251 electronic communications service, including through cellular 252 phones, portable electronic communication devices, or 253 microphone-enabled household devices; 254 (b) By a user of a wire, oral, or electronic communications 255 service, including through cellular phones, portable electronic 256 communication devices, or microphone-enabled household devices, 257 with respect to a communication of or intended for that user;or258 (c) In s. 934.09 or,s. 934.23;, or s. 934.24259 (d) In chapter 933; or 260 (e) For accessing for a legitimate business purpose 261 information that is not personally identifiable or that has been 262 collected in a way that prevents identification of the user of 263 the device. 264 Section 4. Section 934.23, Florida Statutes, is amended to 265 read: 266 934.23 Required disclosure of customer communications or 267 records.— 268 (1) As used in this section, the term: 269 (a) “A court of competent jurisdiction” means a court that 270 has jurisdiction over the investigation or that is otherwise 271 authorized by law. 272 (b) “Investigative or law enforcement officer” has the same 273 meaning as s. 934.02(6), except that in any criminal 274 investigation, if a law enforcement agency seeks disclosure of 275 information obtainable by a subpoena under this section, the 276 agency must request that a state attorney, an assistant state 277 attorney, the statewide prosecutor, or an assistant statewide 278 prosecutor obtain such subpoena. 279 (2)(1)An investigative or law enforcement officer may 280 require the disclosure by a provider of electronic communication 281 service or remote computing service of the contents of a wire or 282 electronic communication that ishas beenin electronic storage 283 in an electronic communications system or remote computing 284 systemfor 180 days or lessonly pursuant to a warrant issued by 285 the judge of a court of competent jurisdiction.As used in this286section, the term “a court of competent jurisdiction” means a287court that has jurisdiction over the investigation or that is288otherwise authorized by law.An investigative or law enforcement289officer may require the disclosure by a provider of electronic290communication services of the contents of a wire or electronic291communicationthat has been in electronic storage in an292electronic communications system for more than 180 daysby the293means available under subsection (2). 294(2) An investigative or law enforcement officer may require295a provider of remote computing service to disclose the contents296of any wire or electronic communication to which this subsection297is made applicable by subsection (3):298(a) Without required notice to the subscriber or customer299if the investigative or law enforcement officer obtains a300warrant issued by the judge of a court of competent301jurisdiction; or302(b) With prior notice, or with delayed notice pursuant to303s. 934.25, from the investigative or law enforcement officer to304the subscriber or customer if the investigative or law305enforcement officer:3061. Uses a subpoena; or3072. Obtains a court order for such disclosure under308subsection (5).309 (3) Subsection (2) is applicable with respect to any 310 electronic communication that is held or maintained on a remote 311 computing service: 312 (a) On behalf of a subscriber or customer of such service 313 and received by means of electronic transmission from, or 314 created by means of computer processing of communications 315 received by means of electronic transmission from, a subscriber 316 or customer of such service. 317 (b) Solely for the purposes of providing storage or 318 computer processing services to a subscriber or customer, if the 319 provider is not authorized to access the contents of any such 320 communication for purposes of providing any service other than 321 storage or computer processing. 322 (4)(a) An investigative or law enforcement officer may 323 require a provider of electronic communication service or remote 324 computing service to disclose a record or other information 325 pertaining to a subscriber or customer of such service, not 326 including the contents of a communication, only when the 327 investigative or law enforcement officer: 328 1. Obtains a warrant issued by the judge of a court of 329 competent jurisdiction; 330 2. Obtains a court order for such disclosure under 331 subsection (5); 332 3. Has the consent of the subscriber or customer to such 333 disclosure; or 334 4. Seeks information under paragraph (b). 335 (b) A provider of electronic communication service or 336 remote computing service shall disclose to an investigative or 337 law enforcement officer the name; address; local and long 338 distance telephone connection records, or records of session 339 times or durations; length of service, including the starting 340 date of service; types of services used; telephone or instrument 341 number or other subscriber number or identity, including any 342 temporarily assigned network address; and means and source of 343 payment, including any credit card or bank account number of a 344 subscriber to or customer of such service when the governmental 345 entity uses a subpoena or obtains such information in the manner 346 specified in paragraph (a) for obtaining information under that 347 paragraph. 348(c) An investigative or law enforcement officer who349receives records or information under this subsection is not350required to provide notice to a subscriber or customer.351 (5) A court order for disclosure undersubsection (2),352subsection (3), orsubsection (4) shall issue only if the 353 investigative or law enforcement officer offers specific and 354 articulable facts showing that there are reasonable grounds to 355 believe that a record or other information pertaining to a 356 subscriber or customer of an electronic communication service or 357 remote computing servicethe contents of a wire or electronic358communication or the records of other information soughtare 359 relevant and material to an ongoing criminal investigation. A 360 court issuing an order pursuant to this section, on a motion 361 made promptly by the service provider, may quash or modify such 362 order if the information or records requested are unusually 363 voluminous in nature or compliance with such order otherwise 364 would cause an undue burden on such provider. 365 (6) No cause of action shall lie in any court against any 366 provider of wire or electronic communication service, its 367 officers, employees, agents, or other specified persons for 368 providing information, facilities, or assistance in accordance 369 with the terms of a court order, warrant, subpoena, or 370 certification under ss. 934.21-934.28. 371 (7)(a) A provider of wire or electronic communication 372 services or a remote computing service, upon the request of an 373 investigative or law enforcement officer, shall take all 374 necessary steps to preserve records and other evidence in its 375 possession pending the issuance of a court order or other 376 process. 377 (b) Records referred to in paragraph (a) shall be retained 378 for a period of 90 days, which shall be extended for an 379 additional 90 days upon a renewed request by an investigative or 380 law enforcement officer. 381 (8) A provider of electronic communication service, a 382 remote computing service, or any other person who furnished 383 assistance pursuant to this section shall be held harmless from 384 any claim and civil liability resulting from the disclosure of 385 information pursuant to this section and shall be reasonably 386 compensated for reasonable expenses incurred in providing such 387 assistance. 388 Section 5. Section 934.24, Florida Statutes is repealed. 389 Section 6. Section 934.25, Florida Statutes, is amended to 390 read: 391 934.25 Nondisclosure by service providerDelayed notice.— 392(1) An investigative or law enforcement officer acting393under s. 934.23(2) may:394(a) Where a court order is sought, include in the395application a request for an order delaying the notification396required under s. 934.23(2) for a period not to exceed 90 days,397which request the court shall grant if it determines that there398is reason to believe that notification of the existence of the399court order may have an adverse result described in subsection400(2).401(b) Where a subpoena is obtained, delay the notification402required under s. 934.23(2) for a period not to exceed 90 days403upon the execution of a written certification of a supervisory404official that there is reason to believe that notification of405the existence of the subpoena may have an adverse result406described in subsection (2).407(2) Any of the following acts constitute an adverse result408for purposes of subsection (1):409(a) Endangering the life or physical safety of an410individual.411(b) Fleeing from prosecution.412(c) Destroying or tampering with evidence.413(d) Intimidating potential witnesses.414(e) Seriously jeopardizing an investigation or unduly415delaying a trial.416(3) The investigative or law enforcement officer shall417maintain a true copy of a certification obtained under paragraph418(1)(b).419(4) Extensions of the delay of notification provided in s.420934.23(2) of up to 90 days each may be granted by the court upon421application, or by certification by an investigative or law422enforcement officer, but only in accordance with subsection (6).423(5) Upon the expiration of the period of delay of424notification under subsection (1) or subsection (4), the425investigative or law enforcement officer must serve upon or426deliver by registered or first-class mail to the subscriber or427customer a copy of the process or request together with notice428which:429(a) States with reasonable specificity the nature of the430law enforcement inquiry, and431(b) Informs the subscriber or customer:4321. That information maintained for such subscriber or433customer by the service provider named in the process or request434was supplied to or requested by the investigative or law435enforcement officer and the date on which such information was436so supplied or requested.4372. That notification of such subscriber or customer was438delayed.4393. What investigative or law enforcement officer or what440court made the certification or determination pursuant to which441that delay was made.4424. Which provision of ss. 934.21-934.28 allowed such delay.443 (1)(6)An investigative or law enforcement officer acting 444 under s. 934.23, when not required to notify the subscriber or445customer under s. 934.23(2)(a), or to the extent that such446notice may be delayed pursuant to subsection (1),may apply to a 447 court for an order commanding a provider of electronic 448 communication service or remote computing service to whom a 449 warrant, subpoena, or court order is directed, for such period 450 as the court deems appropriate, not to notify anyotherperson 451 of the existence of such warrant, subpoena, or court order. The 452 court shall enter such order if it determines that there is 453 reason to believe that notification of the existence of the 454 warrant, subpoena, or court order will result in an adverse 455 result. 456 (2) For purposes of this section, an “adverse result” means 457 any of the following acts: 458 (a) Endangering the life or physical safety of an 459 individual. 460 (b) Fleeing from prosecution. 461 (c) Destroying or tampering with evidence. 462 (d) Intimidating potential witnesses. 463 (e) Seriously jeopardizing an investigation or unduly 464 delaying a trial. 465(7) As used in paragraph (1)(b), the term “supervisory466official” means the person in charge of an investigating or law467enforcement agency’s or entity’s headquarters or regional468office; the state attorney of the circuit from which the subject469subpoena has been issued; the statewide prosecutor; or an470assistant state attorney or assistant statewide prosecutor471specifically designated by the state attorney or statewide472prosecutor to make such written certification.473(8) As used in subsection (5), the term “deliver” shall be474construed in accordance with the definition of “delivery” as475provided in Rule 1.080, Florida Rules of Civil Procedure.476 Section 7. Section 934.255, Florida Statutes, is created to 477 read: 478 934.255 Subpoenas in investigations of sexual offenses.— 479 (1) As used in this section, the term: 480 (a) “Adverse result” means any of the following acts: 481 1. Endangering the life or physical safety of an 482 individual. 483 2. Fleeing from prosecution. 484 3. Destroying or tampering with evidence. 485 4. Intimidating potential witnesses. 486 5. Seriously jeopardizing an investigation or unduly 487 delaying a trial. 488 (b) “Child” means a person under 18 years of age. 489 (c) “Investigative or law enforcement officer” has the same 490 meaning as s. 934.02(6), except that in any criminal 491 investigation, if a law enforcement agency seeks disclosure of 492 information obtainable by a subpoena under this section, the 493 agency must request a state attorney, an assistant state 494 attorney, the statewide prosecutor, or an assistant statewide 495 prosecutor obtain such subpoena. 496 (d) “Sexual abuse of a child” means a criminal offense 497 based on any conduct described in s. 39.01(71). 498 (e) “Supervisory official” means the person in charge of an 499 investigating or a law enforcement agency’s or entity’s 500 headquarters or regional office, the state attorney of the 501 circuit from which the subpoena has been issued, the statewide 502 prosecutor, or an assistant state attorney or assistant 503 statewide prosecutor specifically designated by the state 504 attorney or statewide prosecutor. 505 (2) An investigative or law enforcement officer who is 506 conducting an investigation into: 507 (a) Allegations of the sexual abuse of a child or an 508 individual’s suspected commission of a crime listed in s. 509 943.0435(1)(h)1.a.(I) may use a subpoena to compel the 510 production of records, documents, or other tangible objects and 511 the testimony of the subpoena recipient concerning the 512 production and authenticity of such records, documents, or 513 objects, except as provided in paragraph (b). 514 (b) Allegations of the sexual abuse of a child may use a 515 subpoena to require a provider of electronic communication 516 services or remote computing services to disclose a record or 517 other information pertaining to a subscriber or customer of such 518 service as described in s. 934.23(4)(b). 519 (c) A subpoena issued under paragraph (a) must describe the 520 records, documents, or other tangible objects required to be 521 produced, and must prescribe a date by which such records, 522 documents, or other tangible objects must be produced. 523 (3) At any time before the date prescribed in a subpoena 524 issued under paragraph (2)(a) for production of records, 525 documents, or other tangible objects or the date prescribed in a 526 subpoena issued under paragraph (2)(b) for production of a 527 record or other information, a person or entity receiving such 528 subpoena may, before a judge of competent jurisdiction, petition 529 for an order modifying or setting aside the prohibition of 530 disclosure issued under subsection (5). 531 (4) An investigative or law enforcement officer who uses a 532 subpoena issued under paragraph (2)(a) to obtain any record, 533 document, or other tangible object may retain such items for use 534 in any ongoing criminal investigation or a closed investigation 535 with the intent that the investigation may later be reopened. 536 (5)(a) If a subpoena issued under subsection (2) is served 537 upon a recipient and accompanied by a written certification of a 538 supervisory official that there is reason to believe that 539 notification of the existence of the subpoena may have an 540 adverse result, the subpoena recipient is prohibited from 541 disclosing to any person for a period of 180 days the existence 542 of the subpoena. 543 (b) A recipient of a subpoena issued under subsection (2) 544 that is accompanied by a written certification issued pursuant 545 to this subsection is authorized to disclose information 546 otherwise subject to any applicable nondisclosure requirement to 547 persons as is necessary to comply with the subpoena, to an 548 attorney in order to obtain legal advice or assistance regarding 549 compliance with the subpoena, or to any other person as allowed 550 and specifically authorized by the investigative or law 551 enforcement officer who obtained the subpoena or the supervisory 552 official who issued the written certification. The subpoena 553 recipient shall notify any person to whom disclosure of the 554 subpoena is made pursuant to this paragraph of the existence of, 555 and length of time associated with, the nondisclosure 556 requirement. 557 (c) A person to whom disclosure of the subpoena is made 558 under paragraph (a) is subject to the nondisclosure requirements 559 of this subsection in the same manner as the subpoena recipient. 560 (d) At the request of the investigative or law enforcement 561 officer who obtained the subpoena or the supervisory official 562 who issued the written certification, the subpoena recipient 563 shall identify to the investigative or law enforcement officer 564 or supervisory official, before or at the time of compliance 565 with the subpoena, the name of any person to whom disclosure was 566 made under paragraph (b). If the investigative or law 567 enforcement officer or supervisory official makes such a 568 request, the subpoena recipient has an ongoing duty to disclose 569 the identity of any individuals notified of the subpoena’s 570 existence throughout the nondisclosure period. 571 (e) The investigative or law enforcement officer shall 572 maintain a true copy of a written certification obtained under 573 this subsection. 574 (6) An investigative or law enforcement officer acting 575 under paragraph (2)(b) may apply to a court for an order 576 extending the nondisclosure period provided in subsection (5) 577 for a subpoena and commanding a provider of electronic 578 communication service or remote computing service to whom the 579 subpoena is directed, for such period as the court deems 580 appropriate, not to notify any person of the existence of such 581 subpoena. The court shall enter such order if it determines that 582 there is reason to believe that notification of the existence of 583 the subpoena will result in an adverse result. 584 (7) In the case of contumacy by a person served a subpoena 585 issued under subsection (2), or his or her refusal to comply 586 with such a subpoena, the investigative or law enforcement 587 officer who sought the subpoena may petition a court of 588 competent jurisdiction to compel compliance. The court may 589 address the matter as indirect criminal contempt pursuant to 590 Rule 3.840, of the Florida Rules of Criminal Procedure. Any 591 prohibited disclosure of a subpoena issued under subsection (2) 592 for which a period of prohibition of disclosure provided in 593 subsection (5) or an extension thereof under subsection (6) is 594 in effect is punishable as provided in s. 934.43. However, 595 limited disclosure is authorized as provided in subsection (5). 596 (8) A cause of action may not lie in any court against any 597 provider of wire or electronic communication service, its 598 officers, employees, agents, or other specified persons for 599 providing information, facilities, or assistance in accordance 600 with the terms of a subpoena under this section. 601 (9)(a) A provider of wire or electronic communication 602 services or a remote computing service, upon the request of an 603 investigative or law enforcement officer, shall take all 604 necessary steps to preserve records and other evidence in its 605 possession pending the issuance of a court order or other 606 process. 607 (b) Records referred to in paragraph (a) shall be retained 608 for a period of 90 days, which shall be extended for an 609 additional 90 days upon a renewed request by an investigative or 610 law enforcement officer. 611 (10) A provider of electronic communication service, a 612 remote computing service, or any other person who furnished 613 assistance pursuant to this section shall be held harmless from 614 any claim and civil liability resulting from the disclosure of 615 information pursuant to this section and shall be reasonably 616 compensated for reasonable expenses incurred in providing such 617 assistance. A witness who is subpoenaed to appear to testify 618 under subsection (2) and who complies with the subpoena must be 619 paid the same fees and mileage rate paid to a witness appearing 620 before a court of competent jurisdiction in this state. 621 Section 8. Section 934.42, Florida Statutes, is amended to 622 read: 623 934.42 Mobile tracking device and location tracking 624 authorization.— 625 (1) An investigative or law enforcement officer may make 626 application to a judge of competent jurisdiction for a warrant 627an orderauthorizing or approving the installation and use of a 628 mobile tracking device. 629 (2) An application under subsection (1)of this section630 must include: 631 (a) A statement of the identity of the applicant and the 632 identity of the law enforcement agency conducting the 633 investigation. 634 (b) A statement setting forth a reasonable period of time 635 that the tracking device may be used or the location data may be 636 obtained in real-time, not to exceed 45 days from the date the 637 warrant is issued. The court may, for good cause, grant one or 638 more extensions for a reasonable period of time, not to exceed 639 45 days eachcertification by the applicant that the information640likely to be obtained is relevant to an ongoing criminal641investigation being conducted by the investigating agency. 642 (c) A statement of the offense to which the information 643 likely to be obtained relates. 644 (d) A statement as to whether it may be necessary to use 645 and monitor the mobile tracking device outside the jurisdiction 646 of the court from which authorization is being sought. 647 (3) Upon application made as provided under subsection (2), 648 the court, if it finds probable cause,that the certification649 and finds that the statements required by subsection (2) have 650 been made in the application, shall grant a warrantenter anex 651 parteorderauthorizing the installation and use of a mobile 652 tracking device. Such warrantordermay authorize the use of the 653 device within the jurisdiction of the court and outside that 654 jurisdiction but within the State of Florida if the device is 655 installed within the jurisdiction of the court. The warrant must 656 command the officer to complete any installation authorized by 657 the warrant within a specified period of time not to exceed 10 658 calendar days. 659 (4) A court may not require greater specificity or 660 additional information beyond that which is required by law and 661 this section as a requisite for issuing a warrantan order. 662 (5) Within 10 days after the time period specified in 663 paragraph (2)(b) has ended, the officer executing a warrant must 664 return the warrant to the issuing judge. When the warrant is 665 authorizing historical global positioning satellite location 666 data, the officer executing the warrant must return the warrant 667 to the issuing judge within 10 days after receipt of the 668 records. The officer may do so by reliable electronic means. 669 (6) Within 10 days after the time period specified in 670 paragraph (2)(b) has ended, the officer executing a warrant must 671 serve a copy of the warrant on the person who, or whose 672 property, was tracked. Service may be accomplished by delivering 673 a copy to the person who, or whose property, was tracked or by 674 leaving a copy at the person’s residence or usual place of abode 675 with an individual of suitable age and discretion who resides at 676 that location and by mailing a copy to the person’s last known 677 address. Upon a showing of good cause to a court of competent 678 jurisdiction, the court may grant one or more postponements of 679 this notice for a period of 90 days each. 680 (7)(5)The standards established by Florida courts and the 681 United States Supreme Court for the installation, use, orand682 monitoring of mobile tracking devices shall apply to the 683 installation, use, or monitoringand useof any device as 684 authorized by this section. 685 (8)(6)As used in this section, the term “mobile tracking 686 device” ora“tracking device” means an electronic or mechanical 687 device that allowswhich permitsthe tracking of the movement of 688 a person or object, including a cellular phone or a portable 689 electronic communication device, and may be used to obtain real 690 time cellular-site location data, precise global positioning 691 satellite location data, or historical global positioning 692 satellite location data. 693 (9)(a) Notwithstanding any other provision of this chapter, 694 any investigative or law enforcement officer specially 695 designated by the Governor, the Attorney General, the statewide 696 prosecutor, or a state attorney acting pursuant to this chapter 697 who reasonably determines that: 698 1. An emergency exists which: 699 a. Involves immediate danger of death or serious physical 700 injury to any person or the danger of escape of a prisoner; and 701 b. Requires the installation or use of a mobile tracking 702 device before a warrant authorizing such installation or use 703 can, with due diligence, be obtained; and 704 2. There are grounds upon which a warrant could be issued 705 under this chapter to authorize such installation or use, 706 707 may install or use a mobile tracking device if, within 48 hours 708 after the installation or use has occurred or begins to occur, a 709 warrant approving the installation or use is issued in 710 accordance with this section. 711 (b) In the absence of an authorizing warrant, such 712 installation or use must immediately terminate when the 713 information sought is obtained, when the application for the 714 warrant is denied, or when 48 hours have lapsed since the 715 installation or use of the mobile tracking device began, 716 whichever is earlier. 717 Section 9. Subsection (1) of section 934.26, Florida 718 Statutes, is amended to read 719 934.26 Cost reimbursement.— 720 (1) Except as otherwise provided in subsection (3), a 721 governmental entity which obtains the contents of 722 communications, records, or other information under s. 934.22 723 or,s. 934.23, or s. 934.24shall pay to the person or entity 724 assembling or providing such information a fee for reimbursement 725 for such costs as are reasonably necessary and which have been 726 directly incurred in searching for, assembling, reproducing, or 727 otherwise providing such information. Such reimbursable costs 728 include any costs incurred due to necessary disruption of normal 729 operations of any electronic communication service or remote 730 computing service in which such information may be stored. 731 Section 10. This act shall take effect July 1, 2018.