Florida Senate - 2021 SB 868



By Senator Powell





30-01214-21 2021868__
1 A bill to be entitled
2 An act relating to no-knock search warrants; creating
3 s. 933.102, F.S.; providing a definition; requiring
4 that no-knock search warrants only be issued in
5 compliance with specified provisions; prohibiting the
6 issuing of such search warrants for investigations of
7 misdemeanor offenses; providing requirements for
8 issuance of such warrants; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 933.102, Florida Statutes, is created to
14 read:
15 933.102 No-knock search warrants.—
16 (1) For the purposes of this section, the term “no-knock
17 search warrant” means a search warrant served by entry without
18 prior identification.
19 (2) A search warrant may not be served by entry without
20 prior identification unless a no-knock search warrant has been
21 issued in compliance with this section. Such a warrant may not
22 be issued for investigation of a misdemeanor offense.
23 (3) A no-knock search warrant may be issued only if the
24 affidavit for such warrant:
25 (a) Complies with the requirements of this chapter.
26 (b) Specifically requests the issuance of a no-knock search
27 warrant.
28 (c)1. Has been reviewed and approved personally by the head
29 of the law enforcement agency requesting the warrant, who
30 certifies that:
31 a. Such a warrant is the only way to get the items sought
32 in the warrant.
33 b. It is the safest course of action for officers serving
34 the warrant.
35 c. There is an extremely limited likelihood that innocent
36 individuals may be harmed.
37 2. Such review and approval may take place as allowed by
38 statute or court rule or by means of facsimile transmission,
39 telephonic transmission, or other electronic transfer.
40 (4) If the grounds for the issuance of a no-knock search
41 warrant are established by a confidential informant, the
42 affidavit for such warrant shall contain a statement by the
43 affiant concerning when such grounds became known or were
44 verified by the affiant. The statement shall not identify the
45 confidential informant.
46 Section 2. This act shall take effect July 1, 2021.