FL S0846

Prohibits law enforcement from searching or seizing information contained in portable electronic devices (smartphones, tablets, etc.) incident to arrest without a warrant issued by a judicial officer, with exceptions for national security, missing children under 18, toll transponders, and emergencies involving immediate danger of death or serious injury.

Requires government entities to obtain a valid court order to obtain location information from electronic devices, with orders limited to 30 days from issuance or 10 days after initial location information is obtained, whichever comes first, and extensions only upon finding continuing probable cause.

Establishes exceptions to location information warrant requirement for toll transponders, national security searches, missing children under 18, emergency 911 calls, informed consent of device owner/user, deceased or missing person cases with next of kin consent, and legitimate emergency situations with 48-hour court filing requirement.

Allows aggrieved persons to move to suppress unlawfully obtained information from portable electronic devices or evidence derived therefrom, with the state retaining appeal rights within 30 days if the attorney certifies the appeal is not for delay purposes.

Takes effect July 1, 2013.