CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 4, between lines 20 and 21,

15

16  insert:

17         Section 3.  Subsections (1), (4), and (12) of section

18  934.02, Florida Statutes, are amended to read:

19         934.02  Definitions.--As used in this chapter:

20         (1)  "Wire communication" means any aural transfer made

21  in whole or in part through the use of facilities for the

22  transmission of communications by the aid of wire, cable, or

23  other like connection between the point of origin and the

24  point of reception including the use of such connection in a

25  switching station furnished or operated by any person engaged

26  in providing or operating such facilities for the transmission

27  of intrastate, interstate, or foreign communications or

28  communications affecting intrastate, interstate, or foreign

29  commerce.  Such term includes any electronic storage of such

30  communication but does not include the radio portion of a

31  cordless telephone communication that is transmitted between

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  the cordless telephone handset and the base unit.

  2         (4)  "Electronic, mechanical, or other device" means

  3  any device or apparatus which can be used to intercept a wire,

  4  electronic, or oral communication other than:

  5         (a)  Any telephone or telegraph instrument, equipment,

  6  or facility, or any component thereof:

  7         1.  Furnished to the subscriber or user by a provider

  8  of wire or electronic communication service in the ordinary

  9  course of its business and being used by the subscriber or

10  user in the ordinary course of its business or furnished by

11  such subscriber or user for connection to the facilities of

12  such service and used in the ordinary course of its business;

13  or

14         2.  Being used by a provider of wire or electronic

15  communications service communications common carrier in the

16  ordinary course of its business or by an investigative or law

17  enforcement officer in the ordinary course of her or his

18  duties.

19         (b)  A hearing aid or similar device being used to

20  correct subnormal hearing to not better than normal.

21         (12)  "Electronic communication" means any transfer of

22  signs, signals, writing, images, sounds, data, or intelligence

23  of any nature transmitted in whole or in part by a wire,

24  radio, electromagnetic, photoelectronic, or photooptical

25  system that affects intrastate, interstate, or foreign

26  commerce, but does not include:

27         (a)  The radio portion of a cordless telephone

28  communication that is transmitted between the cordless

29  telephone handset and the base unit;

30         (a)(b)  Any wire or oral communication;

31         (b)(c)  Any communication made through a tone-only

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  paging device; or

  2         (c)(d)  Any communication from an electronic or

  3  mechanical device which permits the tracking of the movement

  4  of a person or an object; or.

  5         (d)  Electronic funds transfer information stored by a

  6  financial institution in a communications system used for the

  7  electronic storage and transfer of funds.

  8         Section 4.  Subsection (1), paragraphs (a) and (e) of

  9  subsection (2), and subsection (4) of section 934.03, Florida

10  Statutes, are amended to read:

11         934.03  Interception and disclosure of wire, oral, or

12  electronic communications prohibited.--

13         (1)  Except as otherwise specifically provided in this

14  chapter, any person who:

15         (a)  Intentionally intercepts, endeavors to intercept,

16  or procures any other person to intercept or endeavor to

17  intercept any wire, oral, or electronic communication;

18         (b)  Intentionally uses, endeavors to use, or procures

19  any other person to use or endeavor to use any electronic,

20  mechanical, or other device to intercept any oral

21  communication when:

22         1.  Such device is affixed to, or otherwise transmits a

23  signal through, a wire, cable, or other like connection used

24  in wire communication; or

25         2.  Such device transmits communications by radio or

26  interferes with the transmission of such communication;

27         (c)  Intentionally discloses, or endeavors to disclose,

28  to any other person the contents of any wire, oral, or

29  electronic communication, knowing or having reason to know

30  that the information was obtained through the interception of

31  a wire, oral, or electronic communication in violation of this

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  subsection; or

  2         (d)  Intentionally uses, or endeavors to use, the

  3  contents of any wire, oral, or electronic communication,

  4  knowing or having reason to know that the information was

  5  obtained through the interception of a wire, oral, or

  6  electronic communication in violation of this subsection; or

  7         (e)  Intentionally discloses, or endeavors to disclose,

  8  to any other person the contents of any wire, oral, or

  9  electronic communication intercepted by means authorized by

10  subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s.

11  934.07, or s. 934.09 when that person knows or has reason to

12  know that the information was obtained through the

13  interception of such a communication in connection with a

14  criminal investigation, has obtained or received the

15  information in connection with a criminal investigation, and

16  intends to improperly obstruct, impede, or interfere with a

17  duly authorized criminal investigation;

18

19  shall be punished as provided in subsection (4).

20         (2)(a)1.  It is lawful under ss. 934.03-934.09 for an

21  operator of a switchboard, or an officer, employee, or agent

22  of a provider of wire or electronic communication service

23  whose facilities are used in the transmission of a wire or

24  electronic communication, to intercept, disclose, or use that

25  communication in the normal course of his or her employment

26  while engaged in any activity which is a necessary incident to

27  the rendition of his or her service or to the protection of

28  the rights or property of the provider of that service, except

29  that a provider of wire communication service to the public

30  shall not utilize service observing or random monitoring

31  except for mechanical or service quality control checks.

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1         2.  Notwithstanding any other law, a provider of wire,

  2  oral, or electronic communication service, or an officer,

  3  employee, or agent thereof, or landlord, custodian, or other

  4  person, may provide information, facilities, or technical

  5  assistance to a person authorized by law to intercept wire,

  6  oral, or electronic communications if such provider, or an

  7  officer, employee, or agent thereof, or landlord, custodian,

  8  or other person, has been provided with:

  9         a.  A court order directing such assistance signed by

10  the authorizing judge; or

11         b.  A certification in writing by a person specified in

12  s. 934.09(7) that no warrant or court order is required by

13  law, that all statutory requirements have been met, and that

14  the specified assistance is required, setting forth the period

15  of time during which the provision of the information,

16  facilities, or technical assistance is authorized and

17  specifying the information, facilities, or technical

18  assistance required.

19         3.  A provider of wire, oral, or electronic

20  communication service, or an officer, employee, or agent

21  thereof, or landlord, custodian, or other person may not

22  disclose the existence of any interception or the device used

23  to accomplish the interception with respect to which the

24  person has been furnished an order under ss. 934.03-934.09,

25  except as may otherwise be required by legal process and then

26  only after prior notice to the Governor, the Attorney General,

27  the statewide prosecutor, or a state attorney, as may be

28  appropriate.  Any such disclosure renders such person liable

29  for the civil damages provided under s. 934.10 and such person

30  may be prosecuted under s. 934.43.  An action may not be

31  brought against any provider of wire, oral, or electronic

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  communication service, or an officer, employee, or agent

  2  thereof, or landlord, custodian, or other person for providing

  3  information, facilities, or assistance in accordance with the

  4  terms of a court order under ss. 934.03-934.09.

  5         (e)  It is unlawful to intercept any wire, oral, or

  6  electronic communication for the purpose of committing any

  7  criminal act.

  8         (4)(a)  Except as provided in paragraph (b), whoever

  9  violates subsection (1) is guilty of a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, s.

11  775.084, or s. 934.41.

12         (b)  If the offense is a first offense under paragraph

13  (a) and is not for any tortious or illegal purpose or for

14  purposes of direct or indirect commercial advantage or private

15  commercial gain, and the wire or electronic communication with

16  respect to which the offense under paragraph (a) was committed

17  is a radio communication that is not scrambled, encrypted or,

18  or transmitted using modulation techniques the essential

19  parameters of which have been withheld from the public with

20  the intention of preserving the privacy of such communication,

21  then:

22         1.  If the communication is not the radio portion of a

23  cellular telephone communication, a cordless telephone

24  communication that is transmitted between the cordless

25  telephone handset and the base unit, a public land mobile

26  radio service communication, or a paging service

27  communication, and the conduct is not that described in

28  subparagraph (2)(h)7., the person committing the offense is

29  guilty of a misdemeanor of the first degree, punishable as

30  provided in s. 775.082 or s. 775.083.

31         2.  If the communication is the radio portion of a

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  cellular telephone communication, a cordless telephone

  2  communication that is transmitted between the cordless

  3  telephone handset and the base unit, a public land mobile

  4  radio service communication, or a paging service

  5  communication, the person committing the offense is guilty of

  6  a misdemeanor of the second degree, punishable as provided in

  7  s. 775.082 or s. 775.083.

  8         Section 5.  Section 934.07, Florida Statutes, is

  9  amended to read:

10         934.07  Authorization for interception of wire, oral,

11  or electronic communications.--The Governor, the Attorney

12  General, the statewide prosecutor, or any state attorney may

13  authorize an application to a judge of competent jurisdiction

14  for, and such judge may grant in conformity with ss.

15  934.03-934.09, an order authorizing or approving the

16  interception of wire, oral, or electronic communications by

17  the Department of Law Enforcement or any law enforcement

18  agency as defined in s. 934.02 having responsibility for the

19  investigation of the offense as to which the application is

20  made when such interception may provide or has provided

21  evidence of the commission of the offense of murder,

22  kidnapping, arson, gambling, robbery, burglary, theft, dealing

23  in stolen property, prostitution, criminal usury, bribery, or

24  extortion; any violation of chapter 893; any violation of the

25  provisions of the Florida Anti-Fencing Act; any violation of

26  chapter 895; any violation of chapter 896; any violation of

27  chapter 815; any violation of chapter 847; any violation of s.

28  827.071; any violation of s. 944.40; or any conspiracy to

29  commit any violation of the laws of this state relating to the

30  crimes specifically enumerated above.

31         Section 6.  Paragraph (b) of subsection (1) and

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  paragraph (d) of subsection (3) of section 934.09, Florida

  2  Statutes, are amended, present subsections (7) through (11) of

  3  that section are renumbered subsections (8) through (12),

  4  respectively, and amended, and a new subsection (7) is added

  5  to that section, to read:

  6         934.09  Procedure for interception of wire, oral, or

  7  electronic communications.--

  8         (1)  Each application for an order authorizing or

  9  approving the interception of a wire, oral, or electronic

10  communication under ss. 934.03-934.09 shall be made in writing

11  upon oath or affirmation to a judge of competent jurisdiction

12  and shall state the applicant's authority to make such

13  application.  Each application shall include the following

14  information:

15         (b)  A full and complete statement of the facts and

16  circumstances relied upon by the applicant to justify his or

17  her belief that an order should be issued, including:

18         1.  Details as to the particular offense that has been,

19  is being, or is about to be committed.

20         2.  Except as provided in subsection (11) (10), a

21  particular description of the nature and location of the

22  facilities from which, or the place where, the communications

23  are to be intercepted.

24         3.  A particular description of the type of

25  communications sought to be intercepted.

26         4.  The identity of the person, if known, committing

27  the offense and whose communications are to be intercepted.

28         (3)  Upon such application, the judge may enter an ex

29  parte order, as requested or as modified, authorizing or

30  approving interception of wire, oral, or electronic

31  communications within the territorial jurisdiction of the

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  court in which the judge is sitting, and outside such

  2  jurisdiction but within the State of Florida in the case of a

  3  mobile interception device authorized by the judge within such

  4  jurisdiction, if the judge determines on the basis of the

  5  facts submitted by the applicant that:

  6         (d)  Except as provided in subsection (11) (10), there

  7  is probable cause for belief that the facilities from which,

  8  or the place where, the wire, oral, or electronic

  9  communications are to be intercepted are being used, or are

10  about to be used, in connection with the commission of such

11  offense, or are leased to, listed in the name of, or commonly

12  used by such person.

13         (7)  Notwithstanding any other provision of this

14  chapter, any investigative or law enforcement officer

15  specially designated by the Governor, the Attorney General,

16  the statewide prosecutor, or a state attorney acting under

17  this chapter, who reasonably determines that:

18         (a)  An emergency exists that:

19         1.  Involves immediate danger of death or serious

20  physical injury to any person or the danger of escape of a

21  prisoner; and

22         2.  Requires that a wire, oral, or electronic

23  communication be intercepted before an order authorizing such

24  interception can, with due diligence, be obtained; and

25         (b)  There are grounds upon which an order could be

26  entered under this chapter to authorize such interception

27

28  may intercept such wire, oral, or electronic communication if

29  an application for an order approving the interception is made

30  in accordance with this section within 48 hours after the

31  interception has occurred or begins to occur. In the absence

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  of an order, such interception shall immediately terminate

  2  when the communication sought is obtained or when the

  3  application for the order is denied, whichever is earlier. If

  4  such application for approval is denied, or in any other case

  5  in which the interception is terminated without an order

  6  having been issued, the contents of any wire, oral, or

  7  electronic communication intercepted shall be treated as

  8  having been obtained in violation of s. 934.03(4), and an

  9  inventory shall be served as provided for in paragraph (8)(e)

10  on the person named in the application.

11         (8)(a)(7)(a)  The contents of any wire, oral, or

12  electronic communication intercepted by any means authorized

13  by ss. 934.03-934.09 shall, if possible, be recorded on tape

14  or wire or other comparable device.  The recording of the

15  contents of any wire, oral, or electronic communication under

16  this subsection shall be kept in such a way as will protect

17  the recording from editing or other alterations.  Immediately

18  upon the expiration of the period of the order, or extensions

19  thereof, such recordings shall be made available to the judge

20  issuing such order and sealed under his or her directions.

21  Custody of the recordings shall be wherever the judge orders.

22  They shall not be destroyed except upon an order of the

23  issuing or denying judge, or that judge's successor in office,

24  and in any event shall be kept for 10 years. Duplicate

25  recordings may be made for use or disclosure pursuant to the

26  provisions of s. 934.08(1) and (2) for investigations.

27         (b)  The presence of the seal provided for by this

28  subsection, or a satisfactory explanation for the absence

29  thereof, shall be a prerequisite for the use or disclosure of

30  the contents of any wire, oral, or electronic communication or

31  evidence derived therefrom under s. 934.08(3), as required by

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  federal law.

  2         (c)  Applications made and orders granted under ss.

  3  934.03-934.09 shall be sealed by the judge. Custody of the

  4  applications and orders shall be wherever the judge directs.

  5  As required by federal law, such applications and orders shall

  6  be disclosed only upon a showing of good cause before a judge

  7  of competent jurisdiction and shall not be destroyed except on

  8  order of the issuing or denying judge, or that judge's

  9  successor in office, and in any event shall be kept for 10

10  years.

11         (d)  Any violation of the provisions of this subsection

12  may be punished as contempt of the issuing or denying judge.

13         (e)  Within a reasonable time but not later than 90

14  days after the termination of the period of an order or

15  extensions thereof, the issuing or denying judge shall cause

16  to be served on the persons named in the order or the

17  application, and such other parties to intercepted

18  communications as the judge may determine in his or her

19  discretion to be in the interest of justice, an inventory

20  which shall include notice of:

21         1.  The fact of the entry of the order or the

22  application.

23         2.  The date of the entry and the period of authorized,

24  approved, or disapproved interception, or the denial of the

25  application.

26         3.  The fact that during the period wire, oral, or

27  electronic communications were or were not intercepted.

28

29  The judge, upon the filing of a motion, may make available to

30  such person or the person's counsel for inspection such

31  portions of the intercepted communications, applications, and

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  orders as the judge determines to be in the interest of

  2  justice.  On an ex parte showing of good cause to a judge of

  3  competent jurisdiction, the serving of the inventory required

  4  by this paragraph may be postponed.

  5         (9)(8)  As required by federal law, the contents of any

  6  intercepted wire, oral, or electronic communication or

  7  evidence derived therefrom shall not be received in evidence

  8  or otherwise disclosed in any trial, hearing, or other

  9  proceeding unless each party, not less than 10 days before the

10  trial, hearing, or proceeding, has been furnished with a copy

11  of the court order and accompanying application under which

12  the interception was authorized or approved. This 10-day

13  period may be waived by the judge if he or she finds that it

14  was not possible to furnish the party with the above

15  information 10 days before the trial, hearing, or proceeding

16  and that the party will not be prejudiced by the delay in

17  receiving such information.

18         (10)(a)(9)(a)  Any aggrieved person in any trial,

19  hearing, or proceeding in or before any court, department,

20  officer, agency, regulatory body, or other authority may move

21  to suppress the contents of any intercepted wire, oral, or

22  electronic communication, or evidence derived therefrom, on

23  the grounds that:

24         1.  The communication was unlawfully intercepted;

25         2.  The order of authorization or approval under which

26  it was intercepted is insufficient on its face; or

27         3.  The interception was not made in conformity with

28  the order of authorization or approval.

29

30  Such motion shall be made before the trial, hearing, or

31  proceeding unless there was no opportunity to make such motion

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  or the person was not aware of the grounds of the motion.  If

  2  the motion is granted, the contents of the intercepted wire or

  3  oral communication, or evidence derived therefrom, shall be

  4  treated as having been obtained in violation of ss.

  5  934.03-934.09.  The judge, upon the filing of such motion by

  6  the aggrieved person, may make available to the aggrieved

  7  person or his or her counsel for inspection such portions of

  8  the intercepted communication or evidence derived therefrom as

  9  the judge determines to be in the interest of justice.

10         (b)  In addition to any other right to appeal, the

11  state shall have the right to appeal from an order granting a

12  motion to suppress made under paragraph (a) or the denial of

13  an application for an order of approval if the attorney shall

14  certify to the judge or other official granting such motion or

15  denying such application that the appeal is not taken for

16  purposes of delay. Such appeal shall be taken within 30 days

17  after the date the order was entered and shall be diligently

18  prosecuted.

19         (c)  The remedies and sanctions described in ss.

20  934.03-934.10 with respect to the interception of electronic

21  communications are the only judicial remedies and sanctions

22  for violations of those sections involving such

23  communications.

24         (11)(10)  The requirements of subparagraph (1)(b)2. and

25  paragraph (3)(d) relating to the specification of the

26  facilities from which, or the place where, the communication

27  is to be intercepted do not apply if:

28         (a)  In the case of an application with respect to the

29  interception of an oral communication:

30         1.  The application is by an agent or officer of a law

31  enforcement agency and is approved by the Governor, the

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  Attorney General, the statewide prosecutor, or a state

  2  attorney.

  3         2.  The application contains a full and complete

  4  statement as to why such specification is not practical and

  5  identifies the person committing the offense and whose

  6  communications are to be intercepted.

  7         3.  The judge finds that such specification is not

  8  practical.

  9         (b)  In the case of an application with respect to a

10  wire or electronic communication:

11         1.  The application is by an agent or officer of a law

12  enforcement agency and is approved by the Governor, the

13  Attorney General, the statewide prosecutor, or a state

14  attorney.

15         2.  The application identifies the person believed to

16  be committing the offense and whose communications are to be

17  intercepted and the applicant makes a showing that there is

18  probable cause to believe that the person's actions could have

19  the effect of thwarting interception from a specified facility

20  of a purpose, on the part of that person, to thwart

21  interception by changing facilities.

22         3.  The judge finds that such showing purpose has been

23  adequately made shown.

24         4.  The order authorizing or approving the interception

25  is limited to interception only for such time as it is

26  reasonable to presume that the person identified in the

27  application is or was reasonably proximate to the instrument

28  through which such communication will be or was transmitted.

29         (12)(11)  If an interception of a communication is to

30  be carried out pursuant to subsection (11) (10), such

31  interception may not begin until the facilities from which, or

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  the place where, the communication is to be intercepted is

  2  ascertained by the person implementing the interception order.

  3  A provider of wire or electronic communications service that

  4  has received an order as provided under paragraph (11)(b)

  5  (10)(b) may petition the court to modify or quash the order on

  6  the ground that the interception cannot be performed in a

  7  timely or reasonable fashion.  The court, upon notice to the

  8  state, shall decide such a petition expeditiously.

  9         Section 7.  Subsection (2) of section 934.10, Florida

10  Statutes, is amended to read:

11         934.10  Civil remedies.--

12         (2)  A good faith reliance on:

13         (a)  A court order, subpoena, or legislative

14  authorization as provided in ss. 934.03-934.09, or

15         (b)  A request of an investigative or law enforcement

16  officer under s. 934.09(7), or

17         (c)(b)  A good faith determination that federal or

18  Florida or federal law, other than 18 U.S.C. s. 2511(2)(d),

19  permitted the conduct complained of

20

21  shall constitute a complete defense to any civil or criminal,

22  or administrative action arising out of such conduct under the

23  laws of this state.

24         Section 8.  Subsections (4) and (5) of section 934.23,

25  Florida Statutes, are amended, and subsections (7) and (8) are

26  added to that section, to read:

27         934.23  Requirements for governmental access.--

28         (4)(a)  Except as provided in paragraph (b), a provider

29  of electronic communication service or remote computing

30  service may disclose a record or other information pertaining

31  to a subscriber or customer of such service, not including the

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  contents of communication covered by subsection (1) or

  2  subsection (2), to any person other than an investigative or

  3  law enforcement officer.

  4         (b)  A provider of electronic communication service or

  5  remote computing service shall disclose a record or other

  6  information pertaining to a subscriber to or customer of such

  7  service, not including the contents of communications covered

  8  by subsection (1) or subsection (2), to an investigative or

  9  law enforcement officer only when the investigative or law

10  enforcement officer:

11         1.  Uses a subpoena;

12         1.2.  Obtains a warrant issued by the judge of a court

13  of competent jurisdiction;

14         2.3.  Obtains a court order for such disclosure under

15  subsection (5); or

16         3.4.  Has the consent of the subscriber or customer to

17  such disclosure.

18         (c)  A provider of electronic communication service or

19  remote computing service shall disclose to an investigative or

20  law enforcement officer the name, address, telephone toll

21  billing records, telephone number or other subscriber number

22  or identity, and length of service as a subscriber or customer

23  of such service and the types of services the subscriber or

24  customer used when the governmental entity uses a subpoena.

25         (d)(c)  An investigative or law enforcement officer who

26  receives records or information under this subsection is not

27  required to provide notice to a subscriber or customer.

28         (5)  A court order for disclosure under subsection (2),

29  subsection (3), or subsection (4) shall issue only if the

30  investigative or law enforcement officer offers specific and

31  articulable facts showing that there are reasonable grounds

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  shows that there is reason to believe the contents of a wire

  2  or electronic communication or the records of other

  3  information sought are relevant and material to an ongoing

  4  criminal investigation to a legitimate law enforcement

  5  inquiry.  A court issuing an order pursuant to this section,

  6  on a motion made promptly by the service provider, may quash

  7  or modify such order on motion made promptly by the service

  8  provider if the information or records requested are unusually

  9  voluminous in nature or compliance with such order otherwise

10  would cause an undue burden on such provider.

11         (7)(a)  A provider of wire or electronic communication

12  services or a remote computing service, upon the request of an

13  investigative or law enforcement officer, shall take all

14  necessary steps to preserve records and other evidence in its

15  possession pending the issuance of a court order or other

16  process.

17         (b)  Records referred to in paragraph (a) shall be

18  retained for a period of 90 days, which shall be extended for

19  an additional 90 days upon a renewed request by an

20  investigative or law enforcement officer.

21         (8)  A provider of electronic communication service, a

22  remote computing service, or any other person who furnished

23  assistance pursuant to this section shall be held harmless

24  from any claim and civil liability resulting from the

25  disclosure of information pursuant to this section and shall

26  be reasonably compensated for reasonable expenses incurred in

27  providing such assistance.

28         Section 9.  Subsection (4) of section 934.27, Florida

29  Statutes, is amended to read:

30         934.27  Civil action:  relief; damages; defenses.--

31         (4)  A good faith reliance on any of the following is a

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  complete defense to any civil or criminal action brought under

  2  ss. 934.21-934.28:

  3         (a)  A court warrant or order, a subpoena, or a

  4  statutory authorization.

  5         (b)  A request of an investigative or law enforcement

  6  officer under s. 934.09(7).

  7         (c)(b)  A good faith determination that s. 934.03(3)

  8  permitted the conduct complained of.

  9         Section 10.  Present subsection (3) of section 934.31,

10  Florida Statutes, is renumbered as subsection (5), and new

11  subsections (3) and (4) are added to that section, to read:

12         934.31  General prohibition on pen register and trap

13  and trace device use; exception.--

14         (3)  An investigative or law enforcement officer

15  authorized to install and use a pen register under ss.

16  934.31-934.34 shall use technology reasonably available to him

17  or her which restricts the recording or decoding of electronic

18  or other impulses to the dialing and signaling information

19  used in call processing.

20         (4)(a)  Notwithstanding any other provision of this

21  chapter, any investigative or law enforcement officer

22  specially designated by the Governor, the Attorney General,

23  the statewide prosecutor, or a state attorney acting pursuant

24  to this chapter, who reasonably determines that:

25         1.  An emergency exists which:

26         a.  Involves immediate danger of death or serious

27  physical injury to any person or the danger of escape of a

28  prisoner; and

29         b.  Requires the installation and use of a pen register

30  or a trap and trace device before an order authorizing such

31  installation and use can, with due diligence, be obtained; and

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1         2.  There are grounds upon which an order could be

  2  entered under this chapter to authorize such installation and

  3  use,

  4

  5  may have installed and use a pen register or trap and trace

  6  device if, within 48 hours after the installation has occurred

  7  or begins to occur, an order approving the installation or use

  8  is issued in accordance with s. 934.33.

  9         (b)  In the absence of an authorizing order, such use

10  shall immediately terminate when the information sought is

11  obtained, when the application for the order is denied, or

12  when 48 hours have lapsed since the installation of the pen

13  register or trap and trace device, whichever is earlier.

14         (c)  The knowing installation or use by any

15  investigative or law enforcement officer of a pen register or

16  trap and trace device pursuant to paragraph (a) without

17  application for the authorizing order within 48 hours after

18  the installation constitutes a violation of s. 934.31.

19         (d)  A provider of wire or electronic service,

20  landlord, custodian, or other person who has furnished

21  facilities or technical assistance pursuant to this subsection

22  shall be held harmless from any claims and civil liability

23  resulting from the disclosure of information pursuant to this

24  subsection and shall be reasonably compensated for reasonable

25  expenses incurred in providing such facilities and assistance.

26         Section 11.  Subsection (2) of section 934.34, Florida

27  Statutes, is amended to read:

28         934.34  Assistance in installation and use of a pen

29  register or a trap and trace device.--

30         (2)  Upon the request of the applicant specified in s.

31  934.32(1), a provider of a wire or electronic communication

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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1  service, landlord, custodian, or other person shall install a

  2  trap and trace device forthwith on the appropriate line and

  3  shall furnish such investigative or law enforcement officer or

  4  other applicant all additional information, facilities, and

  5  technical assistance, including installation and operation of

  6  the device unobtrusively and with a minimum of interference

  7  with the services that the person so ordered by the court

  8  accords the party with respect to whom the installation and

  9  use is to take place if such installation and assistance is

10  directed by a court order as provided in s. 934.33(2)(b).

11  Unless otherwise ordered by the court, the results of the trap

12  and trace device shall be furnished, pursuant to s.

13  934.33(2)(b) or s. 934.31(4), to an officer of the law

14  enforcement agency designated in the court order at reasonable

15  intervals during regular business hours for the duration of

16  the order. The obligation of a provider of electronic

17  communication service under such an order or under such

18  emergency pen register or trap and trace device installation

19  may include, but is not limited to, conducting an in-progress

20  trace, or providing other assistance to support the

21  investigation as may be specified in the order.

22

23  (Redesignate subsequent sections.)

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 10, after the semicolon,

29

30  insert:

31         amending s. 934.02, F.S.; redefining the terms

                                  20
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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1         "wire communication," "electronic, mechanical,

  2         or other device," and "electronic

  3         communication"; amending s. 934.03, F.S.;

  4         prohibiting certain disclosure or attempted

  5         disclosure of intercepted communications;

  6         providing penalties; amending s. 934.07, F.S.;

  7         deleting prostitution as an offense for which

  8         interception of communications may be

  9         authorized; amending s. 934.09, F.S.; providing

10         for emergency interception of certain

11         communications; providing exemptions from

12         requirements for specification of facilities

13         for certain interceptions; amending s. 934.10,

14         F.S.; providing additional defense to civil

15         liability; amending s. 934.23, F.S.; requiring

16         a provider of electronic or remote computer

17         service to provide certain information when

18         subpoenaed; revising grounds for issuance of a

19         court order for disclosure; requiring

20         preservation of records; providing immunity

21         from civil liability; providing for

22         compensation; amending s. 934.27, F.S.;

23         providing additional grounds for immunity from

24         civil liability; amending s. 934.31, F.S.;

25         requiring certain technology to be used in

26         installation of pen registers and trap and

27         trace devices; amending s. 934.34, F.S.;

28         revising conditions under which assistance in

29         installing or using pen registers or trap and

30         trace devices must be provided; providing for

31         emergency pen register and trap and trace

                                  21
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                                                  SENATE AMENDMENT

    Bill No. SB 2252, 1st Eng.

    Amendment No. ___





  1         device installation;

  2

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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