Chapter 934 — Chapter 934
30 sections in this chapter.
Fla. Stat. § 934.01 Legislative findings
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On the basis of its own investigations and of published studies, the Legislature makes the following findings:(1) Wire communications are normally conducted through the use of facilities which form part of an intrastate network. The same facilities are used for interstate and int…
Fla. Stat. § 934.02 Definitions
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As used in this chapter:(1) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception inclu…
Fla. Stat. § 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited
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(1) Except as otherwise specifically provided in this chapter, any person who:(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;(b) Intentionally uses, endeavors to …
Fla. Stat. § 934.04 Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited
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(1) Except as otherwise specifically provided in this chapter, any person who intentionally:(a) Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily u…
Fla. Stat. § 934.05 Confiscation of wire, oral, or electronic communication intercepting devices
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Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state.
Fla. Stat. § 934.06 Prohibition of use as evidence of intercepted wire or oral communications; exception
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Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, re…
Fla. Stat. § 934.07 Authorization for interception of wire, oral, or electronic communications
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(1) The Governor, the Attorney General, the statewide prosecutor, or any state attorney may authorize an application to a judge of competent jurisdiction for, and such judge may grant in conformity with ss. 934.03-934.09 an order authorizing or approving the interception of, wire…
Fla. Stat. § 934.08 Authorization for disclosure and use of intercepted wire, oral, or electronic communications
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(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may disclose such contents to:(a) The Department of Legal Affairs for…
Fla. Stat. § 934.09 Procedure for interception of wire, oral, or electronic communications
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(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under ss. 934.03-934.09 shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to mak…
Fla. Stat. § 934.10 Civil remedies
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(1) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercep…
Fla. Stat. § 934.15 Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted
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(1) The supervising law enforcement officer at the scene of an incident where there is reasonable cause to believe:(a) That a person is holding one or more hostages,(b) That a person has barricaded herself or himself and taken a position of confinement to avoid apprehension,(c) T…
Fla. Stat. § 934.21 Unlawful access to stored communications; penalties
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(1) Except as provided in subsection (3), whoever:(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or(b) Intentionally exceeds an authorization to access such facility,and thereby obtains, alters, or preven…
Fla. Stat. § 934.215 Unlawful use of a two-way communications device
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Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.…
Fla. Stat. § 934.22 Voluntary disclosure of customer communications or records
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(1) Except as provided in subsection (2) or subsection (3):(a) A provider of electronic communication service to the public may not knowingly divulge to:1. Any person or entity the contents of a communication while in electronic storage by that service; or2. Any governmental enti…
Fla. Stat. § 934.23 Required disclosure of customer communications or records
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(1) An investigative or law enforcement officer may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for 180 days or less only …
Fla. Stat. § 934.24 Backup preservation; customer notification; challenges by customer
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(1) An investigative or law enforcement officer acting under s. 934.23(2)(b) may include in the subpoena or court order upon which such action is based a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic c…
Fla. Stat. § 934.25 Delayed notice
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(1) An investigative or law enforcement officer acting under s. 934.23(2) may:(a) Where a court order is sought, include in the application a request for an order delaying the notification required under s. 934.23(2) for a period not to exceed 90 days, which request the court sha…
Fla. Stat. § 934.255 Subpoenas in investigations of sexual offenses
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(1) As used in this section, the term:(a) “Child” means a person under 18 years of age.(b) “Deliver” is construed in accordance with completed delivery, as provided for in Rule 1.080(b), Florida Rules of Civil Procedure.(c) “Sexual abuse of a child” means a criminal offense based…
Fla. Stat. § 934.26 Cost reimbursement
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(1) Except as otherwise provided in subsection (3), a governmental entity which obtains the contents of communications, records, or other information under s. 934.22, s. 934.23, or s. 934.24 shall pay to the person or entity assembling or providing such information a fee for reim…
Fla. Stat. § 934.27 Civil action: relief; damages; defenses
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(1) Except as provided in s. 934.23(5), any provider of electronic communication service, or subscriber or customer thereof, aggrieved by any violation of ss. 934.21-934.28 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind m…
Fla. Stat. § 934.28 Exclusivity of remedies and sanctions
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The remedies and sanctions described in ss. 934.21-934.27 are the only judicial remedies and sanctions for violation of those sections.
Fla. Stat. § 934.31 General prohibition on pen register and trap and trace device use; exception
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(1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under s. 934.33.(2) The prohibition of subsection (1) does not apply with respect to the use of a pen register or a trap and trace …
Fla. Stat. § 934.32 Application for an order for a pen register or a trap and trace device
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(1)(a) The Governor, the Attorney General, a state attorney, the statewide prosecutor, or a designated assistant state attorney or assistant statewide prosecutor may make application for an order or an extension of an order under s. 934.33 authorizing or approving the installatio…
Fla. Stat. § 934.33 Issuance of an order for a pen register or a trap and trace device
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(1) Upon application made under s. 934.32, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the applicant specified in s. 934.32(1) has certified …
Fla. Stat. § 934.34 Assistance in installation and use of a pen register or a trap and trace device
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(1) Upon the request of the applicant specified in s. 934.32(1), a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer or other applicant forthwith all information, facilities, and …
Fla. Stat. § 934.41 Alternative penalty
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(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this chapter, through which she or he derived pecuniary value, or by which she or he caused property damage or other loss, may be sentenced to pay a fine that does not e…
Fla. Stat. § 934.42 Mobile tracking device authorization
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(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device.(2) An application under subsection (1) of this section must include:(a) A statemen…
Fla. Stat. § 934.425 Installation or use of tracking devices or tracking applications; exceptions; penalties
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(1) As used in this section, the term:(a) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state.(b) “Tracking application” means any software program whose…
Fla. Stat. § 934.43 Criminal disclosure of subpoena, order, or authorization
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(1) Any person having knowledge of a warrant, subpoena, application, order, or other authorization which has been issued or obtained pursuant to the action of an investigative or law enforcement officer as authorized by this chapter, who:(a) With intent to obstruct, impede, or pr…
Fla. Stat. § 934.50 Searches and seizure using a drone
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(1) SHORT TITLE.—This act may be cited as the “Freedom from Unwarranted Surveillance Act.”(2) DEFINITIONS.—As used in this act, the term:(a) “Drone” means a powered, aerial vehicle that:1. Does not carry a human operator;2. Uses aerodynamic forces to provide vehicle lift;3. Can f…