Florida Statutes Title XLVII Chapter 934 - Security Of Communications; Surveillance

• 934.01 - Legislative Findings.
  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...
• 934.02 - Definitions.
  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...
• 934.03 - Interception And Disclosure Of Wire, Oral, Or Electronic Communications Prohibited.
  (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...
• 934.04 - Manufacture, Distribution, Or Possession Of Wire, Oral, Or Electronic Communication Intercepting Devices Prohibited.
  (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...
• 934.05 - Confiscation Of Wire, Oral, Or Electronic Communication Intercepting Devices.
  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...
• 934.06 - Prohibition Of Use As Evidence Of Intercepted Wire Or Oral Communications; Exception.
  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...
• 934.07 - Authorization For Interception Of Wire, Oral, Or Electronic Communications.
  (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...
• 934.08 - Authorization For Disclosure And Use Of Intercepted Wire, Oral, Or Electronic Communications.
  (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...
• 934.09 - Procedure For Interception Of Wire, Oral, Or Electronic Communications.
  (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...
• 934.10 - Civil Remedies.
  (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...
• 934.15 - Situations In Which Law Enforcement Officer May Order Telephone Line Cut, Rerouted, Or Diverted.
  (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...
• 934.21 - Unlawful Access To Stored Communications; Penalties.
  (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...
• 934.215 - Unlawful Use Of A Two-way Communications Device.
  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...
• 934.22 - Voluntary Disclosure Of Customer Communications Or Records.
  (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...
• 934.23 - Required Disclosure Of Customer Communications Or Records.
  (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...
• 934.24 - Backup Preservation; Customer Notification; Challenges By Customer.
  (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...
• 934.25 - Delayed Notice.
  (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...
• 934.26 - Cost Reimbursement.
  (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,...
• 934.27 - Civil Action: Relief; Damages; Defenses.
  (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...
• 934.28 - Exclusivity Of Remedies And Sanctions.
  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.
• 934.31 - General Prohibition On Pen Register And Trap And Trace Device Use; Exception.
  (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...
• 934.32 - Application For An Order For A Pen Register Or A Trap And Trace Device.
  (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...
• 934.33 - Issuance Of An Order For A Pen Register Or A Trap And Trace Device.
  (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...
• 934.34 - Assistance In Installation And Use Of A Pen Register Or A Trap And Trace Device.
  (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...
• 934.41 - Alternative Penalty.
  (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...
• 934.42 - Mobile Tracking Device Authorization.
  (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...
• 934.425 - Installation Of Tracking Devices Or Tracking Applications; Exceptions; Penalties.
  (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...
• 934.43 - Criminal Disclosure Of Subpoena, Order, Or Authorization.
  (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...
• 934.50 - Searches And Seizure Using A Drone.
  (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...

Last modified: September 23, 2016