The 2023 Florida Statutes (including Special Session C)
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. . . . § 934.02(12), Fla. Stat. and Fla. Stat. § 668.602(7), Fla. Stat. . . .
. . . 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. . . .
. . . 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. . . .
. . . communication is not subject to interception under circumstances justifying such expectation.... ” § 934.02 . . . See § 934.02(2). It may be that Mr. . . .
. . . Stat., § 934.02, Fla. Stat., and § 943.10, Fla. . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 “ . . .
. . . 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. . . .
. . . 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 . . .
. . . . §§ 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 . . .
. . . subject to interception under circumstances justifying such expectation Id. at 852 (citing to section 934.02 . . .
. . . “Electronic communication” has the meaning provided in s. 934.02[ (12), Fla. . . .
. . . . § 934.02(3), Fla. Stat. (2009). . . . .
. . . . § 934.02(2); Ohio Rev.Code Ann. § 2933.51(B); Texas Penal Code § 16.02(b)(1), incorporating Tex.Code . . .
. . . 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 . . .
. . . .” § 934.02(20), Fla. Stat. (2009). . . . . .” § 934.02(21), Fla. . . .
. . . . § 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 . . .
. . . .” § 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 . . .
. . . . § 17-30-15(2) (2005); cf § 934.02(2), Fla. Stat. (2005). . . .
. . . Stat. (2002) (defining “federal law enforcement officer”); § 934.02(6), Fla. . . .
. . . Stat. (2002) (making legislative findings); § 934.02(20), Fla. . . .
. . . .” § 934.02(2), Fla. Stat. . . .
. . . 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 . . .
. . . .” § 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 . . .
. . . .” § 934.02(3), Fla. Stat. (2003). . . . The term "electronic communications” is defined in section 934.02(12), Florida Statutes (2003), as "any . . .
. . . . § 934.02(5), Fla. Stat. (1999). . . . electronic, or oral communication through the use of any electronic, mechanical, or other device." § 934.02 . . .
. . . 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. . . .
. . . communications by the Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 934.02(3), (4); 934.03(1). . . .
. . . (Claim No. 7) GMAC had a remaining unsecured claim of $934.02. . . .
. . . .” § 934.02(3), Fla. Stat. (1997). . . .
. . . 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 . . .
. . . .” § 934.02(1), Fla. Stat. (1995) (emphasis supplied). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . “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 . . .
. . . 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 . . .
. . . Section 934.02(2), Florida Statutes, defines “oral communications” as any communication “uttered by a . . .
. . . .” § 934.02(2), Fla.Stat. (1991) (emphasis added). . . .
. . . occurring inside an enclosed area or in a secluded area are more likely to be protected under section 934.02 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . reasonable expectation that their oral communications would not be subject to interception under section 934.02 . . .
. . . aggrieved person to bring an action to suppress the contents of an unlawful interception, and section 934.02 . . .
. . . 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 . . .
. . . . § 934.02(20), Fla. Stat. (Supp.1988). See also 18 U.S.C. § 3126(3) (1988); United States v. . . .
. . . 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) . . .
. . . 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 . . .
. . . . § 934.02(3). . . .
. . . Section 934.02(2) defines “oral communication” as “any oral communication uttered by a person exhibiting . . .
. . . 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 . . .
. . . ." § 934.02(2), Fla. Stat. (1983). . . .
. . . . § 934.02(8). . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . According to Florida Section 934.02(3): Intercept means to be aural acquisition of the contents of any . . .
. . . .” § 934.02(2), Fla.Stat. (1981). . . .
. . . 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. . . .
. . . . § 934.02(1), Fla.Stat. (1979). . . . . § 934.02(2). . . . ." § 934.02(3). . . .
. . . See Florida Statute, Section 934.02(9). In Alderman v. . . .
. . . . § 934.02(5) to include a corporation: ‘Person’ means any employee or agent of the state or political . . .
. . . .” § 934.02(3), Fla.Stat. (1979). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . endeavor to intercept any wire or oral communication; * * * shall be guilty of a felony * * * ” F.S. 934.02 . . .
. . . Section 934.02(1), Florida Statutes (1977), defines “wire communication” as “. . . any communication . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 934.02(3) defines “intercept” to mean the “aural acquisition of the contents of any wire or oral . . .
. . . clear that the 1974 Amendment to §934.03(2) (d), particularly when considered with the amendment to §934.02 . . .
. . . 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 . . .
. . . Florida Statute 934.02, F.S.A. defines “oral communication” to mean any oral communication uttered by . . .
. . . A., §§ 934.02(8) and 934.07 are inconsistent with Title 18 U.S.C., Ch. 119, and the Fourth, Fifth and . . .
. . . Section 934.02 defines “intercept” as follows: . “ ‘Intercept’ means the aural acquisition of the contents . . .
. . . . § 934.02(8), F.S.A. . . .
. . . Court from issuing an order for the interception of wire and oral communications, pursuant to Sections 934.02 . . .
. . . Section 1, Section 2, Section 3 and Section 4(2)), or Section 4(2), or under Florida Statutes Section 934.02 . . .