Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 442
       
       
       
       
       
       
                                Ì338664DÎ338664                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2026           .                                
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       The Committee on Rules (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 933.02,
    6  Florida Statutes, to read:
    7         933.02 Grounds for issuance of search warrant.—Upon proper
    8  affidavits being made, a search warrant may be issued under the
    9  provisions of this chapter upon any of the following grounds:
   10         (6)To recover a deceased body.
   11  
   12  This section also applies to any papers or documents used as a
   13  means of or in aid of the commission of any offense against the
   14  laws of the state.
   15         Section 2. Section 933.05, Florida Statutes, is amended to
   16  read:
   17         933.05 Issuance and return of search warrants; issuance in
   18  blank prohibited.—
   19         (1) A search warrant cannot be issued except upon probable
   20  cause supported by affidavit or affidavits, naming or describing
   21  the person, place, or thing to be searched and particularly
   22  describing the property or thing to be seized. A ;no search
   23  warrant may not shall be issued in blank.
   24         (2)A search, and any such warrant must shall be returned
   25  within 10 days after issuance, not including the date of
   26  issuance thereof, except that a search warrant issued:
   27         (a)To an out-of-state provider for electronic
   28  communications data as described in s. 934.23 must be returned
   29  within 20 days.
   30         (b)To search for and seize specimens from a specific
   31  person for DNA analysis and comparison, including blood and
   32  saliva samples, or to seize specimens pursuant to s. 943.325 for
   33  entry into the DNA database must be returned within 30 days.
   34         (c) For a computer, a computer system, or an electronic
   35  device must be returned within 365 days, as those terms are
   36  defined in s. 815.03, that is in the actual possession of a law
   37  enforcement agency at the time such warrant is issued shall be
   38  returned to the court within 45 days after issuance thereof.
   39         (3)If a search warrant is issued to search for and seize
   40  data or information contained in a computer, computer system, or
   41  electronic device, such warrant is considered timely executed if
   42  the computer, computer system, or electronic device was seized
   43  by a law enforcement agency within 10 days of the issuance of
   44  the search warrant, not including the date of issuance.
   45         (4)This section does not require a law enforcement agency
   46  to complete the analysis or review of data or information
   47  contained in a computer, computer system, or electronic device
   48  within the period provided in subsection (2) if such computer,
   49  computer system, or electronic device was timely seized by a law
   50  enforcement agency under subsection (3).
   51         (5)For purposes of this section, the terms “computer,”
   52  “computer system,” and “electronic device” have the same meaning
   53  as in s. 815.03.
   54         Section 3. Subsection (5) is added to section 933.07,
   55  Florida Statutes, and subsection (1) of that section is
   56  republished, to read:
   57         933.07 Issuance of search warrants.—
   58         (1) The judge, upon examination of the application and
   59  proofs submitted, if satisfied that probable cause exists for
   60  the issuing of the search warrant, shall thereupon issue a
   61  search warrant signed by him or her with his or her name of
   62  office, to any sheriff and the sheriff’s deputies or any police
   63  officer or other person authorized by law to execute process,
   64  commanding the officer or person forthwith to search the
   65  property described in the warrant or the person named, for the
   66  property specified, and to bring the property and any person
   67  arrested in connection therewith before the judge or some other
   68  court having jurisdiction of the offense.
   69         (5)A judge may authorize a law enforcement officer
   70  applying for a search warrant under subsection (1) to appear
   71  remotely using audio-video communication technology. As used in
   72  this section, the term “audio-video communication technology”
   73  has the same meaning as in s. 117.201.
   74         Section 4. Section 934.025, Florida Statutes, is created to
   75  read:
   76         934.025Search warrants and court orders; remote appearance
   77  authorized.—A judge may authorize a law enforcement officer
   78  applying for a search warrant or court order pursuant to this
   79  chapter to appear remotely using audio-video communication
   80  technology. As used in this section, the term “audio-video
   81  communication technology” has the same meaning as in s. 117.201.
   82         Section 5. Paragraph (b) of subsection (4) of section
   83  934.50, Florida Statutes, is amended to read:
   84         934.50 Searches and seizure using a drone.—
   85         (4) EXCEPTIONS.—This section does not prohibit the use of a
   86  drone:
   87         (b) If the law enforcement agency first obtains a search
   88  warrant signed by a judge authorizing the use of a drone,
   89  including, but not limited to, a search warrant authorizing a
   90  law enforcement agency to search an area or areas where evidence
   91  that a crime was committed might reasonably be found.
   92         Section 6. This act shall take effect July 1, 2026.
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete everything before the enacting clause
   97  and insert:
   98                        A bill to be entitled                      
   99         An act relating to search warrants; amending s.
  100         933.02, F.S.; authorizing a search warrant to be
  101         issued to recover a deceased body; amending s. 933.05,
  102         F.S.; revising the time within which certain search
  103         warrants must be returned to the court; specifying the
  104         time period within which a search warrant issued for
  105         certain devices is considered timely executed;
  106         specifying that a law enforcement agency may review
  107         data or information contained in certain devices after
  108         specified periods if the devices were timely seized;
  109         providing definitions; amending s. 933.07, F.S.;
  110         providing that a judge may authorize a law enforcement
  111         officer applying for a search warrant to appear
  112         remotely; defining the term “audio-video communication
  113         technology”; creating s. 934.025, F.S.; providing that
  114         a judge may authorize a law enforcement officer
  115         applying for a search warrant or court order to appear
  116         remotely; defining the term “audio-video communication
  117         technology”; amending s. 934.50, F.S.; authorizing a
  118         law enforcement agency to obtain a search warrant to
  119         use a drone to conduct a search in certain
  120         circumstances; providing an effective date.