Florida SB 442: Secondhand Dealers

Bill Text

442 
Search Warrants 
2026-02-19T11:04:34Z 
Authorizing a search warrant to be issued to recover a deceased body; revising the time within which certain search warrants must be returned to the court; providing that a judge may authorize a law enforcement officer applying for a search warrant to appear remotely; providing that a judge may authorize a law enforcement officer applying for a search warrant or court order to appear remotely, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 442 

 By the Committee on Rules; and Senator Yarborough 

 595-02935-26 2026442c1 
 1 A bill to be entitled 
 2 An act relating to search warrants; amending s. 
 3 933.02, F.S.; authorizing a search warrant to be 
 4 issued to recover a deceased body; amending s. 933.05, 
 5 F.S.; revising the time within which certain search 
 6 warrants must be returned to the court; specifying the 
 7 time period within which a search warrant issued for 
 8 certain devices is considered timely executed; 
 9 specifying that a law enforcement agency may review 
 10 data or information contained in certain devices after 
 11 specified periods if the devices were timely seized; 
 12 providing definitions; amending s. 933.07, F.S.; 
 13 providing that a judge may authorize a law enforcement 
 14 officer applying for a search warrant to appear 
 15 remotely; defining the term “audio-video communication 
 16 technology”; creating s. 934.025, F.S.; providing that 
 17 a judge may authorize a law enforcement officer 
 18 applying for a search warrant or court order to appear 
 19 remotely; defining the term “audio-video communication 
 20 technology”; amending s. 934.50, F.S.; authorizing a 
 21 law enforcement agency to obtain a search warrant to 
 22 use a drone to conduct a search in certain 
 23 circumstances; providing an effective date. 
 24 
 25 Be It Enacted by the Legislature of the State of Florida: 
 26 
 27 Section 1. Subsection (6) is added to section 933.02, 
 28 Florida Statutes, to read: 
 29 933.02 Grounds for issuance of search warrant.—Upon proper 
 30 affidavits being made, a search warrant may be issued under the 
 31 provisions of this chapter upon any of the following grounds: 
 32 (6) To recover a deceased body. 
 33 
 34 This section also applies to any papers or documents used as a 
 35 means of or in aid of the commission of any offense against the 
 36 laws of the state. 
 37 Section 2. Section 933.05, Florida Statutes, is amended to 
 38 read: 
 39 933.05 Issuance and return of search warrants; issuance in 
 40 blank prohibited.— 
 41 (1) A search warrant cannot be issued except upon probable 
 42 cause supported by affidavit or affidavits, naming or describing 
 43 the person, place, or thing to be searched and particularly 
 44 describing the property or thing to be seized. A; no search 
 45 warrant may not shall be issued in blank. 
 46 (2) A search, and any such warrant must shall be returned 
 47 within 10 days after issuance, not including the date of 
 48 issuance thereof, except that a search warrant issued: 
 49 (a) To an out-of-state provider for electronic 
 50 communications data as described in s. 934.23 must be returned 
 51 within 20 days. 
 52 (b) To search for and seize specimens from a specific 
 53 person for DNA analysis and comparison, including blood and 
 54 saliva samples, or to seize specimens pursuant to s. 943.325 for 
 55 entry into the DNA database must be returned within 30 days. 
 56 (c) For a computer, a computer system, or an electronic 
 57 device must be returned within 365 days, as those terms are 
 58 defined in s. 815.03, that is in the actual possession of a law 
 59 enforcement agency at the time such warrant is issued shall be 
 60 returned to the court within 45 days after issuance thereof. 
 61 (3) If a search warrant is issued to search for and seize 
 62 data or information contained in a computer, computer system, or 
 63 electronic device, such warrant is considered timely executed if 
 64 the computer, computer system, or electronic device was seized 
 65 by a law enforcement agency within 10 days of the issuance of 
 66 the search warrant, not including the date of issuance. 
 67 (4) This section does not require a law enforcement agency 
 68 to complete the analysis or review of data or information 
 69 contained in a computer, computer system, or electronic device 
 70 within the period provided in subsection (2) if such computer, 
 71 computer system, or electronic device was timely seized by a law 
 72 enforcement agency under subsection (3). 
 73 (5) For purposes of this section, the terms “computer,” 
 74 “computer system,” and “electronic device” have the same meaning 
 75 as in s. 815.03. 
 76 Section 3. Subsection (5) is added to section 933.07, 
 77 Florida Statutes, and subsection (1) of that section is 
 78 republished, to read: 
 79 933.07 Issuance of search warrants.— 
 80 (1) The judge, upo