FL H1249

Law enforcement must obtain a warrant to acquire precise location data from cell phones or portable electronic communication devices without the consent of the person or device owner.

Warrants for location tracking are limited to 45 days per issuance, with possible extensions not exceeding 45 days each, and must include statements identifying the applicant, offense, and tracking period.

Officers must return warrants within 10 days after the tracking period ends and serve notice on the tracked person within 10 days, though the court may postpone notice for up to 90 days upon showing good cause.

Emergency exceptions allow designated law enforcement officers to install tracking devices without a warrant if an immediate danger of death, serious injury, or prisoner escape exists, provided a warrant is obtained within 48 hours.

New definitions establish that "microphone-enabled household devices" and "portable electronic communication devices" are protected under privacy laws, and the act takes effect July 1, 2018.