Governor Ron DeSantis has signed HB 359, legislation sponsored by Rep. Adam Anderson that extends the deadline for law enforcement to execute search warrants on encrypted phones, computers, and other digital devices from 45 days to one year. The new law is designed to modernize criminal justice procedures and provide law enforcement with realistic time frames to investigate digital evidence in cases involving child sexual abuse material, child exploitation, human trafficking, homicide, and other serious crimes where digital evidence is essential to securing convictions. Anderson said the change reflects modern realities in which digital devices are becoming more frequent tools of crime. "Protecting Florida's children and putting dangerous criminals behind bars should never be derailed by outdated laws that can't keep pace with modern technology," Anderson said.
The legislation builds on reforms enacted following the 2023 Moschella v. State decision. Law enforcement agencies across the state argued that the previous 45-day deadline remained inadequate due to increasingly sophisticated encryption technology, limited forensic resources, and significant laboratory backlogs. State Attorney Bruce Bartlett, who serves in Pinellas County, praised the bill, noting that the volume of child sexual abuse material law enforcement investigates has risen exponentially. The new law gives law enforcement adequate time to access digital evidence without making repeated extension requests on existing warrants, reducing unnecessary court proceedings. It does not expand authority to seize devices or create new search powers for law enforcement.