The Florida Senate

934.33  Issuance of an order for a pen register or a trap and trace device.--

(1)  Upon application made under s. 934.32, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the applicant specified in s. 934.32(1) has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

(2)  An order issued under this section:

(a)  Must specify the following:

1.  The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached.

2.  The identity, if known, of the person who is the subject of the criminal investigation.

3.  The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order.

4.  A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

(b)  Must direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under s. 934.34.

(3)(a)  An order issued under this section may not authorize the installation and use of a pen register or a trap and trace device for more than 60 days.

(b)  Extensions of such an order may be granted but only upon an application for an order under s. 934.32 and upon the judicial finding required by subsection (1). The period of extension may not exceed 60 days.

(4)  An order authorizing or approving the installation and use of a pen register or a trap and trace device must direct that:

(a)  The order be sealed until otherwise ordered by the court, and

(b)  The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person except as otherwise ordered by the court.

(5)  A court may not require greater specificity or additional information beyond that which is required under s. 934.32 and this section as a requisite for issuing an order as provided in this section.

History.--s. 10, ch. 88-184; s. 13, ch. 89-269.