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The Florida Senate

2018 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934 SECURITY OF COMMUNICATIONS; SURVEILLANCE Entire Chapter
SECTION 25
Delayed notice.
F.S. 934.25
934.25 Delayed notice.—
(1) An investigative or law enforcement officer acting under s. 934.23(2) may:
(a) Where a court order is sought, include in the application a request for an order delaying the notification required under s. 934.23(2) for a period not to exceed 90 days, which request the court shall grant if it determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in subsection (2).
(b) Where a subpoena is obtained, delay the notification required under s. 934.23(2) for a period not to exceed 90 days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in subsection (2).
(2) Any of the following acts constitute an adverse result for purposes of subsection (1):
(a) Endangering the life or physical safety of an individual.
(b) Fleeing from prosecution.
(c) Destroying or tampering with evidence.
(d) Intimidating potential witnesses.
(e) Seriously jeopardizing an investigation or unduly delaying a trial.
(3) The investigative or law enforcement officer shall maintain a true copy of a certification obtained under paragraph (1)(b).
(4) Extensions of the delay of notification provided in s. 934.23(2) of up to 90 days each may be granted by the court upon application, or by certification by an investigative or law enforcement officer, but only in accordance with subsection (6).
(5) Upon the expiration of the period of delay of notification under subsection (1) or subsection (4), the investigative or law enforcement officer must serve upon or deliver by registered or first-class mail to the subscriber or customer a copy of the process or request together with notice which:
(a) States with reasonable specificity the nature of the law enforcement inquiry, and
(b) Informs the subscriber or customer:
1. That information maintained for such subscriber or customer by the service provider named in the process or request was supplied to or requested by the investigative or law enforcement officer and the date on which such information was so supplied or requested.
2. That notification of such subscriber or customer was delayed.
3. What investigative or law enforcement officer or what court made the certification or determination pursuant to which that delay was made.
4. Which provision of ss. 934.21-934.28 allowed such delay.
(6) An investigative or law enforcement officer acting under s. 934.23, when not required to notify the subscriber or customer under s. 934.23(2)(a), or to the extent that such notice may be delayed pursuant to subsection (1), may apply to a court for an order commanding a provider of electronic communication service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of such warrant, subpoena, or court order. The court shall enter such order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in any of the following:
(a) Endangering the life or physical safety of an individual.
(b) Fleeing from prosecution.
(c) Destroying or tampering with evidence.
(d) Intimidating potential witnesses.
(e) Seriously jeopardizing an investigation or unduly delaying a trial.
(7) As used in paragraph (1)(b), the term “supervisory official” means the person in charge of an investigating or law enforcement agency’s or entity’s headquarters or regional office; the state attorney of the circuit from which the subject subpoena has been issued; the statewide prosecutor; or an assistant state attorney or assistant statewide prosecutor specifically designated by the state attorney or statewide prosecutor to make such written certification.
(8) As used in subsection (5), the term “deliver” shall be construed in accordance with the definition of “delivery” as provided in Rule 1.080, Florida Rules of Civil Procedure.
History.—s. 9, ch. 88-184.