Read the full stored bill text
Florida Senate
-
2026
CS for SB 442
By
the Committee on Rules; and Senator Yarborough
595-02935-26 2026442c1
1 A bill to be entitled
2 An act relating to search warrants; amending s.
3 933.02, F.S.; authorizing a search warrant to be
4 issued to recover a deceased body; amending s. 933.05,
5 F.S.; revising the time within which certain search
6 warrants must be returned to the court; specifying the
7 time period within which a search warrant issued for
8 certain devices is considered timely executed;
9 specifying that a law enforcement agency may review
10 data or information contained in certain devices after
11 specified periods if the devices were timely seized;
12 providing definitions; amending s. 933.07, F.S.;
13 providing that a judge may authorize a law enforcement
14 officer applying for a search warrant to appear
15 remotely; defining the term “audio-video communication
16 technology”; creating s. 934.025, F.S.; providing that
17 a judge may authorize a law enforcement officer
18 applying for a search warrant or court order to appear
19 remotely; defining the term “audio-video communication
20 technology”; amending s. 934.50, F.S.; authorizing a
21 law enforcement agency to obtain a search warrant to
22 use a drone to conduct a search in certain
23 circumstances; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (6) is added to section 933.02,
28 Florida Statutes, to read:
29 933.02 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.
37 Section 2. Section 933.05, Florida Statutes, is amended to
38 read:
39 933.05
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
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
m
ust be returned within 365 days
, as those terms are
58
defined in s. 815.03, that is in the actual possession of a law
59
enforcement agency at the time such warrant is issued shall be
60
returned to the court within 45 days after issuance thereof
.
61
(3)
If a search warrant is issued to search for and seize
62
data or information contained in a computer, computer system, or
63
electronic device, such warrant is considered timely executed if
64
the computer, computer system, or electronic device was seized
65
by a law enforcement agency within 10 days of the issuance of
66
the search warrant, not including the date of issuance.
67
(4)
This section does not require a law enforcement agency
68
to complete the analysis or review of data or information
69
contained in a computer, computer system, or electronic device
70
within the period provided in subsection (2) if such computer,
71
computer system, or electronic device was timely seized by a law
72
enforcement agency under subsection (3).
73
(5)
For purposes of this section, the terms “computer,”
74
“computer system,” and “electronic device” have the same meaning
75
as in s. 815.03.
76 Section 3. Subsection (5) is added to section 933.07,
77 Florida Statutes, and subsection (1) of that section is
78 republished, to read:
79 933.07 Issuance of search warrants.—
80 (1) The judge, upon examination of the application and
81 proofs submitted, if satisfied that probable cause exists for
82 the issuing of the search warrant, shall thereupon issue a
83 search warrant signed by him or her with his or her name of
84 office, to any sheriff and the sheriff’s deputies or any police
85 officer or other person authorized by law to execute process,
86 commanding the officer or person forthwith to search the
87 property described in the warrant or the person named, for the
88 property specified, and to bring the property and any person
89 arrested in connection therewith before the judge or some other
90 court having jurisdiction of the offense.
91
(5)
A judge may authorize a law enforcement officer
92
applying for a search warrant under subsection (1) to appear
93
remotely using audio-video communication technology. As used in
94
this section, the term “audio-video communication technology”
95
has the same meaning as in s. 117.201.
96 Section 4. Section 934.025, Florida Statutes, is created to
97 read:
98
934.025
Search warrants and court orders; remote appearance
99
authorized.—A judge may authorize a law enforcement officer
100
applying for a search warrant or court order pursuant to this
101
chapter to appear remotely using audio-video communication
102
technology. As used in this section, the term “audio-video
103
communication technology” has the same meaning as in s. 117.201.
104 Section 5. Paragraph (b) of subsection (4) of section
105 934.50, Florida Statutes, is amended to read:
106 934.50 Searches and seizure using a drone.—
107 (4) EXCEPTIONS.—This section does not prohibit the use of a
108 drone:
109 (b) If the law enforcement agency first obtains a search
110 warrant signed by a judge authorizing the use of a drone
,
111
including, but not limited to, a search warrant authorizing a
112
law enforcement agency to search an area or areas where evidence
113
that a crime was committed might reasonably be found
.
114 Section 6. This act shall take effect July 1, 2026.