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Florida Statutes, Title XLVII

Florida/Statutes

← All Florida coverage

Title XLVII, Criminal Procedure and Corrections

42 chapters · 1,219 sections in this title.

All chapters in Title XLVII1,219 Ch 943, Department of Law Enforcement163 Ch 985, Juvenile Justice; Interstate Compact…111 Ch 944, State Correctional System103 Ch 945, Department of Corrections53 Ch 941, Corrections: Interstate Cooperation49 Ch 905, Grand Jury43 Ch 947, Florida Commission on Offender Revie…42 Ch 948, Probation and Community Control42 Ch 921, Sentence38 Ch 960, Victim Assistance38 Ch 903, Bail37 Ch 901, Arrests and Temporary Detentions36 Ch 951, County and Municipal Prisoners35 Ch 946, Inmate Labor and Correctional Work P…33

1,219 sections·Filtered byTitle XLVII✕

Fla. Stat. § 933.05 Issuance and return of search warrants; issuance in blank prohibited
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(1) A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized. A search warrant may not be issued in blank.(2) A…
Fla. Stat. § 933.06 Sworn application required before issuance
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The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and furth…
Fla. Stat. § 933.07 Issuance of search warrants
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(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s dep…
Fla. Stat. § 933.08 Search warrants to be served by officers mentioned therein
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The search warrant shall in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer requiring it, said officer being present and acting in its execution.History.—s. 8, ch. 9321, 1923; CGL 8510.

Showing 351–400 of 1,219

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Fla. Stat. § 933.09 Officer may break open door, etc., to execute warrant

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The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of the officer’s authority and purpose he or she is refused admittance to said house or access to anything therein.H…

Fla. Stat. § 933.10 Execution of search warrant during day or night

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A search warrant issued under this chapter may, if expressly authorized in such warrant by the judge, be executed by being served either in the daytime or in the nighttime, as the exigencies of the occasion may demand or require.History.—s. 10, ch. 9321, 1923; CGL 8512; s. 38, ch…

Fla. Stat. § 933.101 Service on Sunday

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A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by the judge.History.—s. 1, ch. 57-289; s. 39, ch. 2004-11.

Fla. Stat. § 933.11 Duplicate to be delivered when warrant served

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All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he or she shall deliver a copy to the person named in the warrant, or in his or her absence to some person in char…

Fla. Stat. § 933.12 Return and inventory

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Upon the return of the warrant the officer shall attach thereto or thereon a true inventory of the property taken under the warrant, and at the foot of the inventory shall verify the same by affidavit taken before some officer authorized to administer oaths, or before the issuing…

Fla. Stat. § 933.13 Copy of inventory shall be delivered upon request

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The judge to whom the warrant is returned, upon the request of any claimant or any person from whom said property is taken, or the officer who executed the search warrant, shall deliver to said applicant a true copy of the inventory of the property mentioned in the return on said…

Fla. Stat. § 933.14 Return of property taken under search warrant

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(1) If it appears to the judge before whom the warrant is returned that the property or papers taken are not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds upon which the warrant was issued, or if it appear…

Fla. Stat. § 933.15 Obstruction of service or execution of search warrant; penalty

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Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any search warrant, or shall assault, beat or wound any person or officer, or his or her deputies or assistants, knowing him o…

Fla. Stat. § 933.16 Maliciously procuring search warrant to be issued; penalty

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Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 16, ch. 9321, 1923; CGL 7434; s. 1161, ch. 71-136.

Fla. Stat. § 933.17 Exceeding authority in executing search warrant; penalty

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Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 17, ch. 9321, 1923; CGL 7519; s. 1…

Fla. Stat. § 933.18 When warrant may be issued for search of private dwelling

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No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless:(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;(2) Stolen or embezzled property is contained…

Fla. Stat. § 933.19 Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise

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(1) The provisions of the opinion rendered by the Supreme Court of the United States on March 2, 1925, in that certain cause wherein George Carroll and John Kiro were plaintiffs in error and the United States was defendant in error, reported in 267 United States Reports, beginnin…

Fla. Stat. § 933.20 “Inspection warrant”; definition

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As used in ss. 933.20-933.30, “inspection warrant” means an order in writing, in the name of the people, signed by a person competent to issue search warrants pursuant to s. 933.01, and directed to a state or local official, commanding him or her to conduct an inspection required…

Fla. Stat. § 933.21 Requirements for issuance of inspection warrant

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An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain a statement that con…

Fla. Stat. § 933.22 When cause deemed to exist

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Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises or if there is reason to believe that a condition of nonconformity…

Fla. Stat. § 933.23 Examination of applicant for inspection warrant

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Before issuing an inspection warrant, the judge shall examine on oath the applicant and any other witness and shall satisfy himself or herself of the existence of grounds for granting such application.History.—s. 1, ch. 82-8; s. 1578, ch. 97-102.

Fla. Stat. § 933.24 Issuance of inspection warrant; contents

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If the judge is satisfied that cause for the inspection exists, he or she may issue the warrant particularly describing the place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the inspection, including the limitati…

Fla. Stat. § 933.25 Duration of inspection warrant

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An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days unless it is extended or renewed by the judge who signed and issued the original warrant upon satisfying himself or herself that such extension or renewal is in the …

Fla. Stat. § 933.26 Conduct of inspection; notice

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An inspection pursuant to a warrant shall not be made between 6 p.m. of any day and 8 a.m. of the succeeding day; on Saturday, Sunday, or any legal holiday; or in the absence of an owner or occupant over the age of 18 years of the particular place, dwelling, structure, or premise…

Fla. Stat. § 933.27 Refusal to permit authorized inspection; penalty

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Any person who willfully refuses to permit an inspection authorized by a warrant issued pursuant to this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 1, ch. 82-8; s. 226, ch. 91-224.

Fla. Stat. § 933.28 Maliciously causing issuance of inspection warrant; penalty

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Any person who maliciously, or with knowledge that cause to issue an inspection warrant does not exist, causes the issuance of an inspection warrant by executing a supporting affidavit or by directing or requesting another to execute a supporting affidavit, or who maliciously cau…

Fla. Stat. § 933.29 Powers of state agency not restricted

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Nothing contained herein shall be construed to restrict the powers granted by general law to an agency of the state, or to a unit of local government acting on behalf of such agency pursuant to a contract with the agency, to conduct inspections with or without warrant as authoriz…

Fla. Stat. § 933.30 Inspector; restrictions on giving information, testifying, etc

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A person performing an inspection pursuant to the authority of this act shall not give information as a confidential informer, testify as a witness, or execute an affidavit as a predicate for the issuance of a criminal search warrant or for probable cause to search any dwelling o…

Fla. Stat. § 933.40 Agriculture warrants

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(1) As used in this section:(a) “Agriculture warrant” means an order in writing, in the name of the people, signed by a person competent to issue search warrants pursuant to s. 933.01, authorizing department employees to exercise any duty or power granted by chapter 581 or chapte…

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. § 934.025 Search warrants and court orders; remote appearance authorized

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A judge may authorize a law enforcement officer applying for a search warrant or court order pursuant to this chapter to appear remotely using audio-video communication technology. As used in this section, the term “audio-video communication technology” has the same meaning as in…

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.History.—s. 5, ch. 69-17; s. 4, ch. 88-184.

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.History.—s. 9, ch. 88-184.