Ana Ceballos
Law enforcement officers in Florida could soon need probable cause and warrants to access a suspect’s mobile location tracking device.
Those potential new restrictions are provided in a Senate bill (SB 1256) that cleared its first committee stop on Tuesday. The proposal, sponsored by St. Petersburg Republican Sen. Jeff Brandes, would also make it a crime to read a text message, email or other communication on a person’s cell phone without their permission, or without a warrant.
“We need to make sure Florida laws keep pace with changes in technology,” Brandes said. “With more and more families utilizing microphone-enabled communications tools to aid in daily household activities, this legislation makes sure our laws are clear with regard to when and how these devices can be subject to search,” Brandes said.
The measure cleared the Senate Criminal Justice Committee without debate. It also drew the backing of social media giant Facebook.
Under Brandes’ bill, an individual would not face criminal punishment in cases where an electronic device was accessed for business purposes and the information accessed is not “personally identifiable” or is collected in a way that “prevents identification of the user of the device.”
Following its passage, Senate President Joe Negron praised the proposal. He said it would address “current ambiguities” and protect Floridians from unconstitutional property searches.
Under Brandes’ bill, a law enforcement officer who wants to get the exact location of a suspect through their cell phone location tracker would be required to get a court-issued warrant.
Once a warrant is issued, the period of time that the data may be accessed may not exceed 45 days unless the court grants an extension to the warrant.
A House companion (HB 1249) sponsored by Tampa Republican Rep. Jamie Grant is moving ahead in the chamber and has two more committees before it hits the full floor.
Grant’s bill does not offer protections to businesses that gather information that is not personally identifiable.
