Gov. DeSantis signs Adam Anderson bill extending digital evidence search warrant deadlines

Gov. Ron DeSantis has signed legislation (HB 359) sponsored by Rep. Adam Anderson that would extend the amount of time law enforcement has to execute search warrants for digital evidence.

The bill’s goal is to modernize criminal justice laws to provide law enforcement with more realistic time frames to investigate evidence on encrypted phones, computers and other digital devices.

The new law will extend the deadline to execute search warrants on such devices from the current 45 days to an entire year. Anderson said the change reflects modern realities in which digital devices are becoming more frequent tools of crime.

The new legislation is specifically geared toward helping solve cases involving child sexual abuse material, child exploitation, human trafficking, homicide, and other serious crimes where digital evidence is often essential to securing convictions.

“Protecting Florida’s children and putting dangerous criminals behind bars should never be derailed by outdated laws that can’t keep pace with modern technology,” Anderson said. “I’m grateful to State Attorney Bruce Bartlett, our law enforcement community, my colleagues in the Legislature, and Governor DeSantis for recognizing the urgency of this issue and working together to get HB 359 across the finish line.”

The legislation builds on reforms enacted by the Legislature following the 2023 Moschella v. State decision exposing deficiencies in Florida’s warrant execution deadlines. While lawmakers previously extended the deadline from 10 days to 45 days, law enforcement agencies across the state quickly argued the time frame remained inadequate because of increasingly sophisticated encryption technology, limited forensic resources, and significant laboratory backlogs.

“As criminals increasingly rely on encrypted devices to conceal evidence of child exploitation and other horrific crimes, Florida has acted to ensure justice isn’t defeated by an arbitrary deadline,” Anderson said. “This new law gives investigators the reasonable time they need to lawfully collect and analyze digital evidence while fully preserving constitutional protections. It’s a major victory for victims, for public safety, and for the rule of law.”

Bartlett, who serves as a State Attorney in Pinellas County, worked with Anderson on the legislation. He praised Anderson’s work ensuring law enforcement officers are able to fully explore complicated evidence.

“Representative Anderson didn’t just sponsor a bill; he championed an issue that matters to every victim seeking justice and every officer working to keep our communities safe,” Bartlett said.

“He immediately understood that today’s investigations demand modern tools and modern laws. The sheer volume of child sexual abuse material that law enforcement is charged with investigating has risen exponentially. This bill will allow us the time to seize, extract, and analyze the evidence and ensure justice is found. Florida is safer because of the leadership of Representative Anderson, the Florida Legislature, and Governor DeSantis on this very important issue.”

While the new law gives law enforcement the ability to spend more time accessing digital evidence, it does not expand authority to seize devices. It also does not create new search powers for law enforcement. Instead, the new law allows law enforcement to have adequate time to access digital evidence without having to make repeated extension requests on existing warrants. The goal is not only to aid in law enforcement investigations, but to avoid unnecessary court proceedings the shorter deadline often creates.

Anderson expects the new law to strengthen investigations, improve prosecutorial efficiency, and help ensure dangerous offenders are held accountable while maintaining the constitutional protections afforded to Floridians.