CS/HB 1405 Summary

• Amends Florida law to require law enforcement to obtain a warrant (rather than an order) for real-time location tracking of mobile devices, with initial authorization limited to 45 days and extensible for additional 45-day periods for good cause.

• Establishes warrant requirements for acquiring historical location data (cell-site and GPS location records), requiring officers to obtain judicial approval with probable cause and specific date ranges.

• Defines new terms including "microphone-enabled household device," "portable electronic communication device," and "mobile tracking device," and expands the definition of "oral communication" to include conversations on microphone-enabled household devices.

• Authorizes law enforcement officers specially designated by the Governor or state prosecutors to conduct emergency real-time location tracking without a warrant if probable cause exists, provided a warrant is obtained within 48 hours.

• Requires officers to return warrants and serve copies on tracked persons within 10 days, with courts able to postpone notice for up to 90 days for good cause; applies Florida court standards and U.S. Supreme Court precedent to location tracking and data acquisition.