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Florida Statute 934.02 | Lawyer Caselaw & Research
F.S. 934.02 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
F.S. 934.02
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 communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of such connection in a switching station furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce.
(2) “Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.
(3) “Intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
(4) “Electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than:
(a) Any telephone or telegraph instrument, equipment, or facility, or any component thereof:
1. Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or
2. Being used by a provider of wire or electronic communications service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of her or his duties.
(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.
(5) “Person” means any employee or agent of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.
(6) “Investigative or law enforcement officer” means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct on behalf of the Government investigations of, or to make arrests for, offenses enumerated in this chapter or similar federal offenses, any attorney authorized by law to prosecute or participate in the prosecution of such offenses, or any other attorney representing the State of Florida or political subdivision thereof in any civil, regulatory, disciplinary, or forfeiture action relating to, based upon, or derived from such offenses.
(7) “Contents,” when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
(8) “Judge of competent jurisdiction” means justice of the Supreme Court, judge of a district court of appeal, circuit judge, or judge of any court of record having felony jurisdiction of the State of Florida, irrespective of the geographic location or jurisdiction where the judge presides.
(9) “Aggrieved person” means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.
(10) “Law enforcement agency” means an agency of the State of Florida or a political subdivision thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests.
(11) “Communication common carrier” shall have the same meaning which is given the term “common carrier” in 47 U.S.C. s. 153(10).
(12) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include:
(a) Any wire or oral communication;
(b) Any communication made through a tone-only paging device;
(c) Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or
(d) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(13) “User” means any person or entity who:
(a) Uses an electronic communication service, and
(b) Is duly authorized by the provider of such service to engage in such use.
(14) “Electronic communications system” means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.
(15) “Electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications.
(16) “Readily accessible to the general public” means, with respect to a radio communication, that such communication is not:
(a) Scrambled or encrypted;
(b) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;
(c) Carried on a subcarrier or other signal subsidiary to a radio transmission;
(d) Transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
(e) Transmitted on frequencies allocated under part 25; subpart D, subpart E, or subpart F of part 74; or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
(17) “Electronic storage” means:
(a) Any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof.
(b) Any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of such communication.
(18) “Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
(19) “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system.
(20) “Pen register” means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but such information does not include the contents of any communication. The term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing or recording as an incident to billing or for communication services provided by such provider, and does not include any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
(21) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but such information does not include the contents of any communication.
(22) “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States.
(23) “Subpoena” means any administrative subpoena authorized by federal or Florida law, federal or Florida grand jury subpoena, or any criminal investigative subpoena as authorized by Florida statute which may be utilized on behalf of the government by an investigative or law enforcement officer.
(24) “Foreign intelligence information” means information, whether or not concerning a United States person, as that term is defined in 50 U.S.C. s. 1801, which relates to:
(a) The ability of the United States to protect against actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(b) Sabotage or international terrorism by a foreign power or an agent of a foreign power;
(c) Clandestine intelligence activities by an intelligence service, a network of a foreign power, or an agent of a foreign power; or
(d) With respect to a foreign power or foreign territory, the national defense or security of the United States or the conduct of the foreign affairs of the United States.
(25) “Protected computer” means:
(a) A computer for the exclusive use of a financial institution or governmental entity;
(b) A computer that is not for the exclusive use of a financial institution or governmental entity, but that is used by or for a financial institution or governmental entity and with respect to which unlawful conduct can affect the use by or for the financial institution or governmental entity; or
(c) A computer that is used in interstate or foreign commerce or communication, including a computer located outside the United States.
(26) “Computer trespasser” means a person who accesses a protected computer without authorization and thus does not have a reasonable expectation of privacy with respect to any communication transmitted to, through, or from the protected computer. The term does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer.
History.s. 2, ch. 69-17; s. 1, ch. 72-294; s. 1, ch. 74-249; s. 1, ch. 80-27; s. 1, ch. 88-184; s. 1, ch. 89-269; s. 1581, ch. 97-102; s. 8, ch. 2000-369; s. 1, ch. 2002-72; s. 125, ch. 2010-5.

F.S. 934.02 on Google Scholar

F.S. 934.02 on Casetext

Amendments to 934.02


Arrestable Offenses / Crimes under Fla. Stat. 934.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 1024 (Fla. 2018)

. . . . § 934.02(12), Fla. Stat. and Fla. Stat. § 668.602(7), Fla. Stat. . . .

SMITH, II, v. STATE, 261 So. 3d 714 (Fla. App. Ct. 2018)

. . . . § 934.02(2). . . .

MCDONOUGH, v. FERNANDEZ- RUNDLE,, 862 F.3d 1314 (11th Cir. 2017)

. . . Stat. § 934.02 (2016) (emphasis added). . . . Section 934.02 does not apply to the recording of all oral communications. . . . . § 934.02 (emphasis added). . . . Stat. § 934.02. . . . Stat. § 934.02. . . .

STATE v. CARABALLO,, 198 So. 3d 819 (Fla. Dist. Ct. App. 2016)

. . . Section 934.02(2) defines oral communication as “any oral communication uttered by a person exhibiting . . . See § 934.02(2). Accordingly, we reverse the order granting Ms. . . .

BELLE, v. STATE, 177 So. 3d 285 (Fla. Dist. Ct. App. 2015)

. . . communication is not subject to interception under circumstances justifying such expectation.... ” § 934.02 . . . See § 934.02(2). It may be that Mr. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 163 So. 3d 478 (Fla. 2015)

. . . Stat., § 934.02, Fla. Stat., and § 943.10, Fla. . . .

B. STALLELY, In v. ADS ALLIANCE DATA SYSTEMS, INC., 602 F. App'x 732 (11th Cir. 2015)

. . . . § 934.02(3). . . . Id. § 934.02(4). . . . Stat. § 934.02(4)(a)(l). • In granting summary judgment in favor of ADS, the district court relied on . . .

R. McDADE, v. STATE, 154 So. 3d 292 (Fla. 2014)

. . . Section 934.02(2), Florida Statutes (2010), defines the term “oral communication” for purposes of chapter . . . personally to the victim in the victim’s home is an “oral communication” within the definition of Section 934.02 . . . Similarly, under the definition of oral communication provided by section 934.02(2), Florida Statutes . . . statements “under circumstances justifying” his expectation that his statements would not be recorded. § 934.02 . . . sense either in the Fourth Amendment context or under the definition of “oral communication” in section 934.02 . . .

E. ABDO, v. STATE, 144 So. 3d 594 (Fla. Dist. Ct. App. 2014)

. . . communication is not subject to interception under circumstances justifying such expectation .... ” § 934.02 . . . occurring inside an enclosed area or in a secluded area are more likely to be protected under section 934.02 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . .

B. STALLEY, v. ADS ALLIANCE DATA SYSTEMS, INC., 997 F. Supp. 2d 1259 (M.D. Fla. 2014)

. . . See § 934.02(3), Fla. Stat. . . . See § 934.02(4)(a), Fla. Stat. (emphasis added). . . . Stat. applied to the factual situation- — -rather than section 934.02(4)(a), Fla. . . . (Doc. #243 at 6; Doc. #269 at 14); see § 934.02(1), Fla. Stat. . . .

B. BRUGMANN, v. STATE, 117 So. 3d 39 (Fla. Dist. Ct. App. 2013)

. . . Section 934.02(2), Florida Statutes (2004), defines the term “oral communication” as “any oral communication . . . .1985), the Florida Supreme Court held that the definition of “oral communication” set forth in section 934.02 . . . Supreme Court has interpreted the test set forth [in the definition of “oral communication” under section 934.02 . . . such communication is not subject to interception under circumstances justifying such expectation.” § 934.02 . . . party to the unlawfully intercepted communication, San Roman was not an “aggrieved party” under section 934.02 . . .

R. McDADE, v. STATE, 114 So. 3d 465 (Fla. Dist. Ct. App. 2013)

. . . . §§ 934.02(5), .03(1). . . . communication has a reasonable expectation of privacy in that communication under the circumstances. § 934.02 . . . from the strong language in section 934.03(1) to the definition of “oral communication” in section 934.02 . . . Inciarrano changed this policy by its reliance on the definition of “oral communication” in section 934.02 . . . By relying on section 934.02(2) instead of section 934.03, the holding in Inciarrano flips the burden . . .

CUOMO, v. STATE, 98 So. 3d 1275 (Fla. Dist. Ct. App. 2012)

. . . subject to interception under circumstances justifying such expectation Id. at 852 (citing to section 934.02 . . .

ENOCH, v. STATE, 95 So. 3d 344 (Fla. Dist. Ct. App. 2012)

. . . “Electronic communication” has the meaning provided in s. 934.02[ (12), Fla. . . .

Z. FRANCE, v. P. FRANCE,, 90 So. 3d 860 (Fla. Dist. Ct. App. 2012)

. . . . § 934.02(3), Fla. Stat. (2009). . . . .

AMERICAN CIVIL LIBERTIES UNION OF ILLINOIS, v. ALVAREZ,, 679 F.3d 583 (7th Cir. 2012)

. . . . § 934.02(2); Ohio Rev.Code Ann. § 2933.51(B); Texas Penal Code § 16.02(b)(1), incorporating Tex.Code . . .

PERDUE, v. STATE, 78 So. 3d 712 (Fla. Dist. Ct. App. 2012)

. . . picked up over the telephone, which clearly meet the definition of “wire communication” in section 934.02 . . . or in a secluded area are more likely to fall within the definition of oral communication in section 934.02 . . .

TRACEY, v. STATE, 69 So. 3d 992 (Fla. Dist. Ct. App. 2011)

. . . .” § 934.02(20), Fla. Stat. (2009). . . . . .” § 934.02(21), Fla. . . .

HENTZ, v. STATE, 62 So. 3d 1184 (Fla. Dist. Ct. App. 2011)

. . . . § 934.02(1-3), Fla. Stat. (2008). . . . originated within the Mozos’ home and thus exhibited the required expectation of privacy demanded by section 934.02 . . .

V. MINOTTY, M. D. v. A. BAUDO, M. D. M. D. M. D. V. M. D. v. A. M. D. M. D. M. D., 42 So. 3d 824 (Fla. Dist. Ct. App. 2010)

. . . .” § 934.02(3), Fla. Stat. (2007) (emphasis added). . . . electronic, or oral communication through the use of any electronic, mechanical, or other device.” § 934.02 . . . While FEI/doctors contend that the silent video captures the contents of the communication, section 934.02 . . . essentially the same language, we conclude that silent video surveillance is not covered by section 934.02 . . .

JACKSON, v. STATE, 18 So. 3d 1016 (Fla. 2009)

. . . . § 17-30-15(2) (2005); cf § 934.02(2), Fla. Stat. (2005). . . .

WARD, v. STATE, 965 So. 2d 308 (Fla. Dist. Ct. App. 2007)

. . . Stat. (2002) (defining “federal law enforcement officer”); § 934.02(6), Fla. . . .

DELGADO, v. STATE, 948 So. 2d 681 (Fla. 2006)

. . . Stat. (2002) (making legislative findings); § 934.02(20), Fla. . . .

WILLIAMS, v. B. CARNEY,, 157 F. App'x 103 (11th Cir. 2005)

. . . .” § 934.02(2), Fla. Stat. . . .

MIGUT, v. FLYNN,, 131 F. App'x 262 (11th Cir. 2005)

. . . Section 934.02(3) defines “intercept” as “the aural or other acquisition of the contents of any wire, . . . Ann. § 934.02(3) (emphasis added). . . . Section 934.02(2) defines “oral communication” as any oral communication uttered by a person exhibiting . . . Ann. § 934.02(2) (emphasis added). . . . occurring inside an enclosed area or in a secluded area are more likely to be protected under section 934.02 . . .

GUILDER, v. STATE, 899 So. 2d 412 (Fla. Dist. Ct. App. 2005)

. . . .” § 934.02(3), Fla. Stat. In Shevin v. . . . A majority of the court answered affirmatively finding: Intercept is defined by section 934.02(3) to . . . Thus pursuant to section 934.02(3), “to intercept” means to gain control or possession of a communication . . . When section 934.02(2)(d) was amended to provide that it was lawful to intercept a wire or oral communication . . .

O BRIEN, v. O BRIEN,, 899 So. 2d 1133 (Fla. Dist. Ct. App. 2005)

. . . .” § 934.02(3), Fla. Stat. (2003). . . . The term "electronic communications” is defined in section 934.02(12), Florida Statutes (2003), as "any . . .

COHEN BROTHERS, LLC. LLC, v. ME CORP. S. A., 872 So. 2d 321 (Fla. Dist. Ct. App. 2004)

. . . . § 934.02(5), Fla. Stat. (1999). . . . electronic, or oral communication through the use of any electronic, mechanical, or other device." § 934.02 . . .

I. FIGUEROA, v. STATE, 870 So. 2d 897 (Fla. Dist. Ct. App. 2004)

. . . The term, “contents,” is defined in section 934.02(7), Florida Statutes (2000), as it relates to wire . . . An “electronic communication” is defined by section 934.02(12), Florida Statutes (2000), as “any transfer . . . fall within the definition of “contents” of an “electronic communication,” as contemplated by sections 934.02 . . . See § 934.02(20), Fla. Stat. (2000). . . . That is to say, the pager transmission included “contents,” as defined by section 934.02. . . .

STATE v. FRATELLO, 835 So. 2d 312 (Fla. Dist. Ct. App. 2002)

. . . communications by the Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 . . .

PINELLAS COUNTY SCHOOL BOARD, v. SUNCAM, INC., 829 So. 2d 989 (Fla. Dist. Ct. App. 2002)

. . . Morever, the Legislature in s. 934.02(1), F.S., appears to implicitly recognize the public’s right to . . . Section 934.02(2), Florida Statutes, however, defines “oral communication” as specifically excluding . . .

JATAR, v. LAMALETTO a, 758 So. 2d 1167 (Fla. Dist. Ct. App. 2000)

. . . Inciarrano, 473 So.2d 1272, 1275 (Fla.1985), Section 934.02(2) in defining oral communication, expressly . . . threat delivered to the victim in the victim’s home is an oral communication as defined by section 934.02 . . .

PAREDES, v. STATE, 760 So. 2d 167 (Fla. Dist. Ct. App. 2000)

. . . . § 934.02(3), (4); 934.03(1). . . .

In MEEKS, 237 B.R. 856 (Bankr. M.D. Fla. 1999)

. . . (Claim No. 7) GMAC had a remaining unsecured claim of $934.02. . . .

STATE v. McCORMICK, 719 So. 2d 1220 (Fla. Dist. Ct. App. 1998)

. . . .” § 934.02(3), Fla. Stat. (1997). . . .

STATE v. M. HERSHKOWITZ,, 714 So. 2d 545 (Fla. Dist. Ct. App. 1998)

. . . fact that, in 1988, the definition of “investigative or law enforcement officer” contained in section 934.02 . . . communications by the Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 . . .

KOCH, v. KIMBALL,, 710 So. 2d 5 (Fla. Dist. Ct. App. 1998)

. . . .” § 934.02(1), Fla. Stat. (1995) (emphasis supplied). . . .

BRANDIN, v. STATE, 669 So. 2d 280 (Fla. Dist. Ct. App. 1996)

. . . An “oral communication” is defined in section 934.02(2) as: any oral communication uttered by a person . . . circumstances justifying such expectation” falls within the ambit of statutorily protected communications. § 934.02 . . .

STEVENSON, v. STATE, 667 So. 2d 410 (Fla. Dist. Ct. App. 1996)

. . . Section 934.02(2), Florida Statutes (1993), defines “oral communication” as “any oral communication uttered . . . occurring inside an enclosed area or in a secluded area are more likely to be protected under section 934.02 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. EDWARDS,, 654 So. 2d 628 (Fla. Dist. Ct. App. 1995)

. . . the official being recorded fully expected the recording to take place, the question whether section 934.02 . . . “Oral communication” is defined in section 934.02(2), Florida Statutes, which provides: “Oral communication . . . a telephone conversation without the consent of the other party constitutes a violation of section 934.02 . . . The supreme court noted that those cases did not address the section 934.02(2) requirement of a reasonable . . . such communication is not subject to interception under circumstances justifying such expectation.” § 934.02 . . .

STATE v. MOZO, 655 So. 2d 1115 (Fla. 1995)

. . . “Oral communication” intended to be protected by chapter 934 is defined by section 934.02(2) as: [A]ny . . . originated within the Mozos’ home and thus exhibited the required expectation of privacy demanded by section 934.02 . . .

STATE v. JACKSON,, 650 So. 2d 24 (Fla. 1995)

. . . INFORMATION TRANSMITTED TO A DISPLAY PAGER CONSTITUTE AN ELECTRONIC COMMUNICATION AS DEFINED BY SECTION 934.02 . . . See § 934.02(12)(c), Fla. Stat. (1991); 18 U.S.C. § 2510(12)(c) (1988). . . . by wire, we rejected the argument that such messages constituted wire communications under section 934.02 . . . identify the numbers dialed or transmitted on the telephone line to which the device is attached. § 934.02 . . . Section 934.02(12), Florida Statutes (1991), defines "electronic communication” as any transfer of signs . . .

STATE v. EDWARDS,, 645 So. 2d 588 (Fla. Dist. Ct. App. 1994)

. . . Section 934.02(2), Florida Statutes, defines “oral communications” as any communication “uttered by a . . .

STATE v. SMITH,, 641 So. 2d 849 (Fla. 1994)

. . . .” § 934.02(2), Fla.Stat. (1991) (emphasis added). . . .

CINCI, v. STATE, 642 So. 2d 572 (Fla. Dist. Ct. App. 1994)

. . . occurring inside an enclosed area or in a secluded area are more likely to be protected under section 934.02 . . .

JACKSON, v. STATE, 636 So. 2d 1372 (Fla. Dist. Ct. App. 1994)

. . . Ch. 88-184, § 1, at 1017 (codified as amended at § 934.02(12), Fla.Stat. . . . Ch. 88-184, § 1, at 1016 (codified as amended at § 934.02(3), Fla.Stat. . . . we hold that information transmitted to a display pager is an electronic communication under section 934.02 . . . The court rejected the argument that such messages were wire communications under section 934.02(1), . . . Section 934.02(20), Florida Statutes (1991), defines pen register to mean "a device which records or . . .

MOZO, v. STATE, 632 So. 2d 623 (Fla. Dist. Ct. App. 1994)

. . . Eber, 502 So.2d 32 (Fla. 3d DCA) (where defendant was not an “aggrieved person,” defined in section 934.02 . . . Section 934.02(1) defines “wire communication” as: any aural transfer made in whole or in part through . . . An “electronic communication” is defined in section 934.02(12) as: any transfer of signs, signals, writing . . . cordless phone conversations are covered by “oral communication” as protected and defined by section 934.02 . . . Accordingly, we hold cordless communications do not qualify as an “oral communication” under section 934.02 . . . Section 934.02(2), Florida Statutes (1991), defines a protected oral communication as “any communication . . .

SOGO, v. GARCIA S NATIONAL GUN, INC., 615 So. 2d 184 (Fla. Dist. Ct. App. 1993)

. . . available for inspection during normal business hours by any law enforcement agency as defined in Section 934.02 . . . as defined in section 943.10, Florida Statutes; (4) A law enforcement agency as defined in Section 934.02 . . .

ROYAL HEALTH CARE SERVICES, INCORPORATED, d b a v. JEFFERSON- PILOT LIFE INSURANCE COMPANY,, 924 F.2d 215 (11th Cir. 1991)

. . . . § 934.02(3) (West Supp.1990). . . . Fla.Stat.Ann. § 934.02(4)(a) (West Supp. 1990) (emphasis added). . . . Fla.Stat.Ann. § 934.02(4)(a) (West Supp.1990). .JP Life makes other arguments we need not address because . . .

LEWIS, v. STATE JONES, v. STATE, 570 So. 2d 346 (Fla. Dist. Ct. App. 1990)

. . . reasonable expectation that their oral communications would not be subject to interception under section 934.02 . . .

STATE v. JONES,, 562 So. 2d 740 (Fla. Dist. Ct. App. 1990)

. . . aggrieved person to bring an action to suppress the contents of an unlawful interception, and section 934.02 . . .

SGOUROS v. STATE OF FLORIDA, 41 Fla. Supp. 2d 35 (Fla. Cir. Ct. 1990)

. . . The court focused on the definition of oral communication in § 934.02(2) in allowing the introduction . . . battery, his expectation of privacy dissolved and there was no oral communication as defined by section 934.02 . . .

SHAKTMAN, v. STATE, 553 So. 2d 148 (Fla. 1989)

. . . . § 934.02(20), Fla. Stat. (Supp.1988). See also 18 U.S.C. § 3126(3) (1988); United States v. . . .

STATE OF FLORIDA v. ROSA,, 37 Fla. Supp. 2d 157 (Fla. Cir. Ct. 1988)

. . . specifically finds that the “bionic ear” or amplified microphone is a device as defined by Section 934.02 . . . and the occupants of Defendant’s vehicle was, in fact, an oral communication as defined by Section 934.02 . . . Negri eavesdropped on that conversation that constituted an intercept as defined by Section 934.02(3) . . .

SHAKTMAN, J. v. STATE, 529 So. 2d 711 (Fla. Dist. Ct. App. 1988)

. . . register use, it could easily have included pen registers in its list of definitions enumerated in section 934.02 . . . The absence of pen registers in section 934.02 supports the reasonable assumption that the type of privacy . . .

UNITED STATES v. NELSON, a k a S. Jr. H. a k a Mr. a k a a k a a k a, 837 F.2d 1519 (11th Cir. 1988)

. . . . § 934.02(3). . . .

J. LaPORTE, v. STATE, 512 So. 2d 984 (Fla. Dist. Ct. App. 1987)

. . . Section 934.02(2) defines “oral communication” as “any oral communication uttered by a person exhibiting . . .

STATE v. EBER STATE v. DELMONICO, STATE v. SPECTOR, STATE v. ROMAN, STATE v. WOLCOFF,, 502 So. 2d 32 (Fla. Dist. Ct. App. 1987)

. . . Unlike the other defendants, San Roman is not an aggrieved person as that term is defined in Section 934.02 . . . Section 934.02(9) reads: " ‘Aggrieved person’ means a person who was a party to any intercepted wire . . .

SNOWDON, v. SAMBO S, 491 So. 2d 1154 (Fla. Dist. Ct. App. 1986)

. . . ." § 934.02(2), Fla. Stat. (1983). . . .

UNITED STATES v. VAN HORN, UNITED STATES v. HARVEY, a k a, 789 F.2d 1492 (11th Cir. 1986)

. . . . § 934.02(8). . . .

STATE v. INCIARRANO,, 473 So. 2d 1272 (Fla. 1985)

. . . admitted into evidence did not constitute “oral communications” within the meaning of Florida Statutes 934.02 . . . In Walls, this Court addressed the constitutionality of sections 934.02(2), 934.-03, and 934.06 and the . . . Section 934.02(2), in defining oral communication, expressly provides: “ ‘Oral communication’ means any . . .

DEPARTMENT OF PROFESSIONAL REGULATION v. RENTFAST, INC., 467 So. 2d 486 (Fla. Dist. Ct. App. 1985)

. . . Section 934.02(5), Florida Statutes (1983) provides, "‘Person’ means any employee or agent of the state . . . thereof and individual, partnership, association, joint stock company, trust, or corporation.” . § 934.02 . . .

P. J. a v. STATE, 453 So. 2d 470 (Fla. Dist. Ct. App. 1984)

. . . . § 934.02(3), Fla.Stat. (1981). . . . parties to such communication or the existence, substance, purport or meaning of that communication. § 934.02 . . . tracing telephone numbers, provided information “concerning the identity of the parties” under section 934.02 . . . (7), it was not an “aural acquisition” under section 934.02(3) in that information was not received through . . .

DOANE v. ASSOCIATED BUREAUS, INC., 7 Fla. Supp. 2d 12 (Orange Cty. Ct. 1984)

. . . According to Florida Section 934.02(3): Intercept means to be aural acquisition of the contents of any . . .

D. BURGESS, v. F. BURGESS,, 447 So. 2d 220 (Fla. 1984)

. . . . § 934.02, Fla.Stat. (1979). . . .

INCIARRANO, v. STATE, 447 So. 2d 386 (Fla. Dist. Ct. App. 1984)

. . . .” § 934.02(2), Fla.Stat. (1981). . . .

STATE v. EARLE, Sr. a k a El, 444 So. 2d 84 (Fla. Dist. Ct. App. 1984)

. . . Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); Sections 934.09(1)(a), 934.02(6), Florida . . . See Secs. 934.09(4)(d); 934.02(10), Fla.Stat. . . .

STATE v. D. WILLIAMS,, 443 So. 2d 952 (Fla. 1983)

. . . . § 934.02(1), Fla.Stat. (1979). . . . . § 934.02(2). . . . ." § 934.02(3). . . .

STATE OF FLORIDA v. QUESADA,, 3 Fla. Supp. 2d 28 (Fla. Cir. Ct. 1982)

. . . See Florida Statute, Section 934.02(9). In Alderman v. . . .

M. BROWN, v. SHEARSON HAYDEN STONE, INC., 94 F.R.D. 159 (S.D. Fla. 1982)

. . . . § 934.02(5) to include a corporation: ‘Person’ means any employee or agent of the state or political . . .

CHIARENZA, v. STATE, 406 So. 2d 66 (Fla. Dist. Ct. App. 1981)

. . . .” § 934.02(3), Fla.Stat. (1979). . . .

DORSEY, v. STATE BRITTEN, v. STATE, 402 So. 2d 1178 (Fla. 1981)

. . . These definitions, found in subsections (1) and (2) of section 934.02, Florida Statutes (1977), are as . . . The definition of wire communications contained in section 934.02 must be interpreted in a common sense . . .

STATE v. J. TSAVARIS,, 394 So. 2d 418 (Fla. 1981)

. . . Intercept is defined by section 934.02(3) to mean the “aural acquisition of the contents of any wire . . . the premise that the extortionary threat was an oral communication within the definition of section 934.02 . . . The issue of whether the recording was an “interception” within the definition of section 934.02(3) was . . . When section 934.02(2)(d) was amended to provide that it was lawful to intercept a wire or oral communication . . . Intercept is defined by section 934.02(3) to mean the “aural acquisition of the contents of any wire . . . Thus pursuant to section 934.02(3), “to intercept” means to gain control or possession of a communication . . .

STATE v. J. TSAVARIS,, 382 So. 2d 56 (Fla. Dist. Ct. App. 1980)

. . . Section 934.02(3). . . . Section 934.02(4). Dr. Feegel answered the telephone when Dr. . . . Section 934.02(7) provides that the word “contents”, when used with respect to a wire or oral communication . . .

STATE v. KEATON,, 371 So. 2d 86 (Fla. 1979)

. . . In such a case, section 934.02(4)(a) provides that the contents of the call are exempted from the exclusion . . . In affirming the trial court’s ruling that the exclusion provided by section 934.02(4)(a) was applicable . . .

ARMSTRONG v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 366 So. 2d 88 (Fla. Dist. Ct. App. 1979)

. . . endeavor to intercept any wire or oral communication; * * * shall be guilty of a felony * * * ” F.S. 934.02 . . .

CHANDLER v. STATE, 366 So. 2d 64 (Fla. Dist. Ct. App. 1978)

. . . Section 934.02(1), Florida Statutes (1977), defines “wire communication” as “. . . any communication . . .

STATE v. NOVA,, 361 So. 2d 411 (Fla. 1978)

. . . After determining that Juanita Bentley’s testimony did not fall within the exclusion of Section 934.02 . . . The word “intercept” is defined in Section 934.02(3): “Intercept” means the aural acquisition of the . . . The term “electronic, mechanical, or other device” is defined in Section 934.02(4)(a) as any device or . . . The determinative issue is whether the exclusion provided by Section 934.02(4)(a) is applicable. . . . employer and was in the ordinary course of business, and he found that the exclusion provided by Section 934.02 . . .

STATE v. WALLS, 356 So. 2d 294 (Fla. 1978)

. . . granted an interlocutory order of the trial court upholding the constitutional validity of Sections 934.02 . . . delivered personally to the victim in the victim’s home is an “oral communication” as defined in Section 934.02 . . . Granting the motion to suppress, the trial judge expressly ruled Sections 934.02(2), 934.03 and 934.06 . . . Section 934.02(2), Florida Statutes (1975), provides: “ ‘Oral communication’ means any oral communication . . . personally to the victim in the victim’s home is an “oral communication” within the definition of Section 934.02 . . .

L. BROWN, v. STATE, 349 So. 2d 1196 (Fla. Dist. Ct. App. 1977)

. . . Section 934.02(2). . . .

NOVA, v. STATE, 346 So. 2d 1214 (Fla. Dist. Ct. App. 1977)

. . . Section 934.02(3) defines “intercept” to mean the “aural acquisition of the contents of any wire or oral . . .

SUNBEAM TELEVISION CORPORATION, v. SHEVIN,, 45 Fla. Supp. 53 (Fla. Cir. Ct. 1977)

. . . clear that the 1974 Amendment to §934.03(2) (d), particularly when considered with the amendment to §934.02 . . .

STATE v. NEWS- PRESS PUBLISHING COMPANY, a k a a, 338 So. 2d 1313 (Fla. Dist. Ct. App. 1976)

. . . The following statutory definitions are pertinent to this discussion: “934.02 Definitions. — As used . . . communication uttered at a public meeting,” were added to the definition of “oral communication” in Section 934.02 . . . of all parties to the conversation, provided the conversation is not public as provided by Section 934.02 . . .

G. HORN, v. STATE, 298 So. 2d 194 (Fla. Dist. Ct. App. 1974)

. . . Florida Statute 934.02, F.S.A. defines “oral communication” to mean any oral communication uttered by . . .

E. WRIGHT, v. STATE OF FLORIDA, 495 F.2d 1086 (5th Cir. 1974)

. . . A., §§ 934.02(8) and 934.07 are inconsistent with Title 18 U.S.C., Ch. 119, and the Fourth, Fifth and . . .

TAYLOR, v. STATE, 292 So. 2d 375 (Fla. Dist. Ct. App. 1974)

. . . Section 934.02 defines “intercept” as follows: . “ ‘Intercept’ means the aural acquisition of the contents . . .

UNITED STATES v. B. PACHECO N. Jr., 489 F.2d 554 (5th Cir. 1974)

. . . . § 934.02(8), F.S.A. . . .

In GRAND JURY INVESTIGATION. In COBO,, 287 So. 2d 43 (Fla. 1973)

. . . Court from issuing an order for the interception of wire and oral communications, pursuant to Sections 934.02 . . .

STATE KENNEDY v. E. LEE,, 274 So. 2d 881 (Fla. 1973)

. . . Section 1, Section 2, Section 3 and Section 4(2)), or Section 4(2), or under Florida Statutes Section 934.02 . . .