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. 934.08

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 electronic communication or evidence derived therefrom may disclose such contents to:

(a) The Department of Legal Affairs for use in investigations or proceedings pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895, to any attorney authorized by law to investigate and institute any action on behalf of the State of Florida or political subdivision thereof, or to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure.

(b) Any state or federal law enforcement official, state or federal intelligence official, state or federal protective services official, federal immigration official, state or federal defense official, or state or federal security official to the extent that the contents or evidence includes foreign intelligence or counterintelligence, as defined in 50 U.S.C. s. 401a, or foreign intelligence information, as defined in this chapter, in order to assist the official who receives that information in performing his or her official duties. Any state or federal official who receives information under this subsection may use that information only as necessary in conducting official duties and is subject to any limitations on the unauthorized disclosure of such information.

(2) 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 use such contents to the extent such use is appropriate to the proper performance of her or his official duties.

(3) Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived therefrom, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the state or of the United States; in any grand jury proceedings; in any proceeding pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895; in any investigation or proceeding in connection with the Judicial Qualifications Commission; or in any other proceeding or investigation held under the authority of the State of Florida or any political subdivision thereof, of the United States, or of any other state or political subdivision thereof, if such testimony is otherwise admissible.

(4) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character, provided that a communication otherwise lawfully intercepted pursuant to this chapter is not privileged when such communication is in furtherance of the commission of a crime.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (1) and (2). Such contents and any evidence derived therefrom may be used under subsection (3) when authorized or approved by a judge of competent jurisdiction when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.

History.—s. 8, ch. 69-17; s. 2, ch. 72-294; s. 1, ch. 73-361; s. 6, ch. 88-184; s. 6, ch. 89-269; s. 1583, ch. 97-102; s. 6, ch. 2002-72.

F.S. 934.08 on Google Scholar

F.S. 934.08 on Casetext

Amendments to 934.08

Arrestable Offenses / Crimes under Fla. Stat. 934.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . electronic recording did not fall within any of the situations permitting interception delineated in Section 934.08 . . .

STATE v. POWELL,, 140 So. 3d 1126 (Fla. Dist. Ct. App. 2014)

. . . for an Order Authorizing Interception of Wire, Oral and Electronic Communications pursuant to section 934.08 . . .

DAYIS, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,, 811 F. Supp. 2d 1240 (E.D. Va. 2011)

. . . Nationwide also paid $934.08 for "contents covered damages” minus a $500.00 deductible. . . .

UNITED STATES v. B. AISENBERG J., 247 F. Supp. 2d 1272 (M.D. Fla. 2003)

. . . . § 934.08(4) (1997). . . .

THE FLORIDA BAR, v. McCLURE,, 575 So. 2d 176 (Fla. 1991)

. . . evidence is inadmissible in such proceedings because its use is not affirmatively authorized by section 934.08 . . .

In MARCHAND Jo d b a EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, v. MARCHAND Jo d b a KANSAS CITY LIFE INSURANCE COMPANY, v. MARCHAND Jo d b a UNITED STATES v. MARCHAND Jo d b a MERCHANTS AND PLANTERS BANK OF NEWPORT, ARKANSAS, v. MARCHAND Jo d b a JOHN DEERE COMPANY, v. MARCHAND Jo d b a JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, v. MARCHAND Jo d b a, 61 B.R. 81 (Bankr. E.D. Ark. 1986)

. . . Court finds that the projected income, including government subsidies, from these three crops of $154,-934.08 . . .

STATE OF FLORIDA v. BELOSH STATE OF FLORIDA v. CROMER, 13 Fla. Supp. 2d 34 (Fla. Cir. Ct. 1985)

. . . Section 2517(5) and Section 934.08(5) 18 U.S.C. Section 2517(5) [18 USCS §2517(5)] and F.S. . . . Section 934.08(5) provide for the possibility that law enforcement officials conducting a wiretap may . . . Section 934.08(5). . . . Section 934.08(5) is a situation where the state legislature has enacted an extremely narrow exception . . . Under Section 934.08(5) evidence of another offense (RICO) obtained by a properly authorized wiretap . . .

PALM BEACH NEWSPAPERS, INC. v. BURK,, 471 So. 2d 571 (Fla. Dist. Ct. App. 1985)

. . . For example see Florida Statutes, Section 905.24 (grand jury proceedings); Section 934.08 (information . . .

LOMELO, Jr. v. O. SCHULTZ,, 422 So. 2d 1050 (Fla. Dist. Ct. App. 1982)

. . . improper disclosure of an intercepted wire or oral communication, in violation of Sections 934.10 and 934.08 . . . Section 934.08(3). . . . However, playing such a tape to persons other than those authorized in Section 934.08(3) constitutes . . .

UNITED STATES v. HARVEY,, 560 F. Supp. 1040 (S.D. Fla. 1982)

. . . . § 934.08(5). . . . .

STATE v. NAPOLI, Jr., 373 So. 2d 933 (Fla. Dist. Ct. App. 1979)

. . . Duplicate recordings may be made for use or disclosure pursuant to the provisions of § 934.08(1) and . . . disclosure of the contents of any wire or oral communication or evidence derived therefrom under § 934.08 . . .

F. SARMIENTO, v. STATE, 371 So. 2d 1047 (Fla. Dist. Ct. App. 1979)

. . . .” § 934.08(3), Fla.Stat. (1977). . . .

CAMPBELL, v. STATE, 365 So. 2d 751 (Fla. Dist. Ct. App. 1978)

. . . Duplicate recordings may be made for use or disclosure pursuant to the provisions of s. 934.08(1) and . . .

UNITED STATES v. LANZA,, 341 F. Supp. 405 (M.D. Fla. 1972)

. . . . § 2517(3); Florida Statutes § 934.08(3), F.S.A. . . . Fla.Stat. § 934.08, F.S.A. provides in part: (3) Any person who has received, by any means authorized . . .

A. B. C. v., 8 T.C. 1099 (T.C. 1947)

. . . The petitioners have assigned as error the inclusion in the gross estate by the Commissioner of $934.08 . . .