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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to search warrants; amending s. 2
933.02, F.S.; authorizing a search warrant to be 3
issued to recover a deceased body; amending s. 933.05, 4
F.S.; revising the time within which certain search 5
warrants must be returned to the court; specifying the 6
time period within which a search warrant issued for 7
certain devices is considered timely executed; 8
specifying that a law enforcement agency may review 9
data or information contained in certain devices after 10
specified periods if the devices were timely seized; 11
providing definitions; amending s. 933.07, F.S.; 12
providing that a judge may authorize a law enforcement 13
officer applying for a search warrant to appear 14
remotely; defining the term "audio-video communication 15
technology"; creating s. 934.025, F.S.; providing that 16
a judge may authorize a law enforcement officer 17
applying for a search warrant or court order to appear 18
remotely; defining the term "audio-video communication 19
technology"; amending s. 934.50, F.S.; authorizing a 20
law enforcement agency to obtain a search warrant to 21
use a drone to conduct a search in certain 22
circumstances; providing an effective date. 23
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Be It Enacted by the Legislature of the State of Florida: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsection (6) is added to section 933.02, 27
Florida Statutes, to read: 28
933.02 Grounds for issuance of search warrant.—Upon proper 29
affidavits being made, a search warrant may be issued under the 30
provisions of this chapter upon any of the following grounds: 31
(6) To recover a deceased body. 32
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This section also applies to any papers or documents used as a 34
means of or in aid of the commission of any offense against the 35
laws of the state. 36
Section 2. Section 933.05, Florida Statutes, is amended to 37
read: 38
933.05 Issuance and return of search warrants; issuance in 39
blank prohibited.— 40
(1) A search warrant cannot be issued except upon probable 41
cause supported by affidavit or affidavits, naming or describing 42
the person, place, or thing to be searched and particularly 43
describing the property or thing to be seized.; A no search 44
warrant may not shall be issued in blank., 45
(2) A search and any such warrant must shall be returned 46
within 10 days after issuance, not including the date of 47
issuance thereof, except that a search warrant issued: 48
(a) To an out-of-state provider for electronic 49
communications data as described in s. 934.23 must be returned 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within 20 days. 51
(b) To search for and seize specimens from a specific 52
person for DNA analysis and comparison, including blood and 53
saliva samples, or to seize specimens pursuant to s. 943.325 for 54
entry into the DNA database must be returned within 30 days. 55
(c) For a computer, a computer system, or an electronic 56
device, and any data or information contained in such computer, 57
computer system, or electronic device as those terms are defined 58
in s. 815.03, must be returned within 365 days that is in the 59
actual possession of a law enforcement agency at the time such 60
warrant is issued shall be returned to the court within 45 days 61
after issuance thereof. 62
(3) If a search warrant is issued to search for and seize 63
a computer, a computer system, or an electronic device, and any 64
data or information contained in such computer, computer system, 65
or electronic device, such warrant is considered timely executed 66
if the computer, computer system, or electronic device was 67
seized by a law enforcement agency within 10 days of the 68
issuance of the search warrant, not including the date of 69
issuance. 70
(4) This section does not require a law enforcement agency 71
to complete the analysis or review of data or information 72
contained in a computer, computer system, or electronic device 73
within the period provided in subsection (2) if such computer, 74
computer system, or electronic device was timely seized by a law 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement agency under subsection (3). 76
(5) For purposes of this section, the terms "computer," 77
"computer system," and "electronic device" have the same meaning 78
as in s. 815.03. 79
Section 3. Subsection (5) is added to section 933.07, 80
Florida Statutes, and subsection (1) of that section is 81
republished, to read: 82
933.07 Issuance of search warrants.— 83
(1) The judge, upon examination of the application and 84
proofs submitted, if satisfied that probable cause exists for 85
the issuing of the search warrant, shall thereupon issue a 86
search warrant signed by him or her with his or her name of 87
office, to any sheriff and the sheriff's deputies or any police 88
officer or other person authorized by law to execute process, 89
commanding the officer or person forthwith to search the 90
property described in the warrant or the person named, for the 91
property specified, and to bring the property and any person 92
arrested in connection therewith before the judge or some other 93
court having jurisdiction of the offense. 94
(5) A judge may authorize a law enforcement officer 95
applying for a search warrant under subsection (1) to appear 96
remotely using audio-video communication technology. As used in 97
this section, the term "audio-video communication technology" 98
has the same meaning as in s. 117.201. 99
Section 4. Section 934.025, Florida Statutes, is created 100
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to read: 101
934.025 Search warrants and court orders; remote 102
appearance authorized.—A judge may authorize a law enforcement 103
officer applying for a search warrant or court order pursuant to 104
this chapter to appear remotely using audio-video communication 105
technology. As used in this section, the term "audio-video 106
communication technology" has the same meaning as in s. 117.201. 107
Section 5. Paragraph (b) of subsection (4) of section 108
934.50, Florida Statutes, is amended to read: 109
934.50 Searches and seizure using a drone.— 110
(4) EXCEPTIONS.—This section does not prohibit the use of 111
a drone: 112
(b) If the law enforcement agency first obtains a search 113
warrant signed by a judge authorizing the use of a drone, 114
including, but not limited to, a search warrant authorizing a 115
law enforcement agency to search an area or areas where evidence 116
that a crime was committed might reasonably be found. 117
Section 6. This act shall take effect July 1, 2026. 118