THE BILL ITSELF
CS/HB 359
Search Warrants
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An act relating to search warrants; amending s.
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933.02, F.S.; authorizing a search warrant to be
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issued to recover a deceased body; amending s. 933.05,
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F.S.; revising the time within which certain search
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warrants must be returned to the court; specifying the
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time period within which a search warrant issued for
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certain devices is considered timely executed;
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specifying that a law enforcement agency may review
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data or information contained in certain devices after
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specified periods if the devices were timely seized;
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providing definitions; amending s. 933.07, F.S.;
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providing that a judge may authorize a law enforcement
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officer applying for a search warrant to appear
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remotely; defining the term "audio-video communication
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technology"; creating s. 934.025, F.S.; providing that
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a judge may authorize a law enforcement officer
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applying for a search warrant or court order to appear
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remotely; defining the term "audio-video communication
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technology"; amending s. 934.50, F.S.; authorizing a
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law enforcement agency to obtain a search warrant to
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use a drone to conduct a search in certain
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circumstances; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (6) is added to section 933.02,
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Florida Statutes, to read:
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933.02 Grounds for issuance of search warrant.—Upon proper
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affidavits being made, a search warrant may be issued under the
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provisions of this chapter upon any of the following grounds:
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(6) To recover a deceased body.
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This section also applies to any papers or documents used as a
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means of or in aid of the commission of any offense against the
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laws of the state.
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Section 2. Section 933.05, Florida Statutes, is amended to
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read:
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933.05 Issuance and return of search warrants; issuance in
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blank prohibited.—
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(1) A search warrant cannot be issued except upon probable
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cause supported by affidavit or affidavits, naming or describing
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the person, place, or thing to be searched and particularly
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describing the property or thing to be seized.; A no search
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warrant may not shall be issued in blank.,
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(2) A search and any such warrant must shall be returned
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within 10 days after issuance, not including the date of
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issuance thereof, except that a search warrant issued:
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(a) To an out-of-state provider for electronic
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communications data as described in s. 934.23 must be returned
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within 20 days.
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(b) To search for and seize specimens from a specific
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person for DNA analysis and comparison, including blood and
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saliva samples, or to seize specimens pursuant to s. 943.325 for
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entry into the DNA database must be returned within 30 days.
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(c) For a computer, a computer system, or an electronic
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device, and any data or information contained in such computer,
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computer system, or electronic device as those terms are defined
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in s. 815.03, must be returned within 365 days that is in the
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actual possession of a law enforcement agency at the time such
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warrant is issued shall be returned to the court within 45 days
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after issuance thereof.
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(3) If a search warrant is issued to search for and seize
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a computer, a computer system, or an electronic device, and any
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data or information contained in such computer, computer system,
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or electronic device, such warrant is considered timely executed
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if the computer, computer system, or electronic device was
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seized by a law enforcement agency within 10 days of the
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issuance of the search warrant, not including the date of
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issuance.
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(4) This section does not require a law enforcement agency
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to complete the analysis or review of data or information
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contained in a computer, computer system, or electronic device
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within the period provided in subsection (2) if such computer,
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computer system, or electronic device was timely seized by a law
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enforcement agency under subsection (3).
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(5) For purposes of this section, the terms "computer,"
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"computer system," and "electronic device" have the same meaning
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as in s. 815.03.
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Section 3. Subsection (5) is added to section 933.07,
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Florida Statutes, and subsection (1) of that section is
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republished, to read:
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933.07 Issuance of search warrants.—
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(1) The judge, upon examination of the application and
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proofs submitted, if satisfied that probable cause exists for
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the issuing of the search warrant, shall thereupon issue a
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search warrant signed by him or her with his or her name of
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office, to any sheriff and the sheriff's deputies or any police
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officer or other person authorized by law to execute process,
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commanding the officer or person forthwith to search the
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property described in the warrant or the person named, for the
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property specified, and to bring the property and any person
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arrested in connection therewith before the judge or some other
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court having jurisdiction of the offense.
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(5) A judge may authorize a law enforcement officer
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applying for a search warrant under subsection (1) to appear
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remotely using audio-video communication technology. As used in
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this section, the term "audio-video communication technology"
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has the same meaning as in s. 117.201.
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Section 4. Section 934.025, Florida Statutes, is created
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to read:
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934.025 Search warrants and court orders; remote
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appearance authorized.—A judge may authorize a law enforcement
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officer applying for a search warrant or court order pursuant to
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this chapter to appear remotely using audio-video communication
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technology. As used in this section, the term "audio-video
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communication technology" has the same meaning as in s. 117.201.
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Section 5. Paragraph (b) of subsection (4) of section
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934.50, Florida Statutes, is amended to read:
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934.50 Searches and seizure using a drone.—
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(4) EXCEPTIONS.—This section does not prohibit the use of
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a drone:
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(b) If the law enforcement agency first obtains a search
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warrant signed by a judge authorizing the use of a drone,
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including, but not limited to, a search warrant authorizing a
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law enforcement agency to search an area or areas where evidence
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that a crime was committed might reasonably be found.
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Section 6. This act shall take effect July 1, 2026.