Florida Senate - 2021                                     SB 868
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01214-21                                            2021868__
    1                        A bill to be entitled                      
    2         An act relating to no-knock search warrants; creating
    3         s. 933.102, F.S.; providing a definition; requiring
    4         that no-knock search warrants only be issued in
    5         compliance with specified provisions; prohibiting the
    6         issuing of such search warrants for investigations of
    7         misdemeanor offenses; providing requirements for
    8         issuance of such warrants; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 933.102, Florida Statutes, is created to
   14  read:
   15         933.102 No-knock search warrants.—
   16         (1) For the purposes of this section, the term “no-knock
   17  search warrant” means a search warrant served by entry without
   18  prior identification.
   19         (2) A search warrant may not be served by entry without
   20  prior identification unless a no-knock search warrant has been
   21  issued in compliance with this section. Such a warrant may not
   22  be issued for investigation of a misdemeanor offense.
   23         (3) A no-knock search warrant may be issued only if the
   24  affidavit for such warrant:
   25         (a) Complies with the requirements of this chapter.
   26         (b) Specifically requests the issuance of a no-knock search
   27  warrant.
   28         (c)1. Has been reviewed and approved personally by the head
   29  of the law enforcement agency requesting the warrant, who
   30  certifies that:
   31         a. Such a warrant is the only way to get the items sought
   32  in the warrant.
   33         b. It is the safest course of action for officers serving
   34  the warrant.
   35         c. There is an extremely limited likelihood that innocent
   36  individuals may be harmed.
   37         2. Such review and approval may take place as allowed by
   38  statute or court rule or by means of facsimile transmission,
   39  telephonic transmission, or other electronic transfer.
   40         (4) If the grounds for the issuance of a no-knock search
   41  warrant are established by a confidential informant, the
   42  affidavit for such warrant shall contain a statement by the
   43  affiant concerning when such grounds became known or were
   44  verified by the affiant. The statement shall not identify the
   45  confidential informant.
   46         Section 2. This act shall take effect July 1, 2021.