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2An act relating to search warrants; amending s.
3933.02, F.S.; authorizing a search warrant to be
4issued to recover a deceased body; amending s. 933.05,
5F.S.; revising the time within which certain search
6warrants must be returned to the court; specifying the
7time period within which a search warrant issued for
8certain devices is considered timely executed;
9specifying that a law enforcement agency may review
10data or information contained in certain devices after
11specified periods if the devices were timely seized;
12providing definitions; amending s. 933.07, F.S.;
13providing that a judge may authorize a law enforcement
14officer applying for a search warrant to appear
15remotely; defining the term "audio-video communication
16technology"; creating s. 934.025, F.S.; providing that
17a judge may authorize a law enforcement officer
18applying for a search warrant or court order to appear
19remotely; defining the term "audio-video communication
20technology"; amending s. 934.50, F.S.; authorizing a
21law enforcement agency to obtain a search warrant to
22use a drone to conduct a search in certain
23circumstances; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
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27Section 1.  Subsection (6) is added to section 933.02,
28    Florida Statutes, to read:
29933.02       Grounds for issuance of search warrant.—Upon proper
30    affidavits being made, a search warrant may be issued under the
31    provisions of this chapter upon any of the following grounds:
32(6)     To recover a deceased body.
33
34    This section also applies to any papers or documents used as a
35    means of or in aid of the commission of any offense against the
36    laws of the state.
37Section 2.  Section 933.05, Florida Statutes, is amended to
38    read:
39933.05       Issuance and return of search warrants; issuance in
40    blank prohibited.—
41(1)     A search warrant cannot be issued except upon probable
42    cause supported by affidavit or affidavits, naming or describing
43    the person, place, or thing to be searched and particularly
44    describing the property or thing to be seized.; A no search
45    warrant may not shall be issued in blank.,
46(2)     A search and any such warrant must shall be returned
47    within 10 days after issuance, not including the date of
48    issuance thereof, except that a search warrant issued:
49(a)     To an out-of-state provider for electronic
50    communications data as described in s. 934.23 must be returned
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51    within 20 days.
52(b)     To search for and seize specimens from a specific
53    person for DNA analysis and comparison, including blood and
54    saliva samples, or to seize specimens pursuant to s. 943.325 for
55    entry into the DNA database must be returned within 30 days.
56(c)     For a computer, a computer system, or an electronic
57    device, and any data or information contained in such computer,
58    computer system, or electronic device as those terms are defined
59    in s. 815.03, must be returned within 365 days that is in the
60    actual possession of a law enforcement agency at the time such
61    warrant is issued shall be returned to the court within 45 days
62    after issuance thereof.
63(3)     If a search warrant is issued to search for and seize
64    a computer, a computer system, or an electronic device, and any
65    data or information contained in such computer, computer system,
66    or electronic device, such warrant is considered timely executed
67    if the computer, computer system, or electronic device was
68    seized by a law enforcement agency within 10 days of the
69    issuance of the search warrant, not including the date of
70    issuance.
71(4)     This section does not require a law enforcement agency
72    to complete the analysis or review of data or information
73    contained in a computer, computer system, or electronic device
74    within the period provided in subsection (2) if such computer,
75    computer system, or electronic device was timely seized by a law
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76     enforcement agency under subsection (3).
77(5)     For purposes of this section, the terms "computer,"
78     "computer system," and "electronic device" have the same meaning
79     as in s. 815.03.
80Section 3.  Subsection (5) is added to section 933.07,
81     Florida Statutes, and subsection (1) of that section is
82     republished, to read:
83933.07       Issuance of search warrants.—
84(1)     The judge, upon examination of the application and
85     proofs submitted, if satisfied that probable cause exists for
86     the issuing of the search warrant, shall thereupon issue a
87     search warrant signed by him or her with his or her name of
88     office, to any sheriff and the sheriff's deputies or any police
89     officer or other person authorized by law to execute process,
90     commanding the officer or person forthwith to search the
91     property described in the warrant or the person named, for the
92     property specified, and to bring the property and any person
93     arrested in connection therewith before the judge or some other
94     court having jurisdiction of the offense.
95(5)     A judge may authorize a law enforcement officer
96     applying for a search warrant under subsection (1) to appear
97     remotely using audio-video communication technology. As used in
98     this section, the term "audio-video communication technology"
99     has the same meaning as in s. 117.201.
100Section 4.  Section 934.025, Florida Statutes, is created
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101    to read:
102934.025       Search warrants and court orders; remote
103    appearance authorized.—A judge may authorize a law enforcement
104    officer applying for a search warrant or court order pursuant to
105    this chapter to appear remotely using audio-video communication
106    technology. As used in this section, the term "audio-video
107    communication technology" has the same meaning as in s. 117.201.
108Section 5.  Paragraph (b) of subsection (4) of section
109    934.50, Florida Statutes, is amended to read:
110934.50       Searches and seizure using a drone.—
111(4)     EXCEPTIONS.—This section does not prohibit the use of
112    a drone:
113(b)     If the law enforcement agency first obtains a search
114    warrant signed by a judge authorizing the use of a drone,
115    including, but not limited to, a search warrant authorizing a
116    law enforcement agency to search an area or areas where evidence
117    that a crime was committed might reasonably be found.
118Section 6.  This act shall take effect July 1, 2026.
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