Florida Statute 934.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.01

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 facilities which form part of an intrastate network. The same facilities are used for interstate and intrastate communications.

(2) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of intrastate commerce, it is necessary for the Legislature to define the circumstances and conditions under which the interception of wire and oral communications may be authorized and to prohibit any unauthorized interception of such communications and the use of the contents thereof in evidence in courts and administrative proceedings.

(3) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice.

(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of crime with assurance that the interception is justified and that the information obtained thereby will not be misused.

History.—s. 1, ch. 69-17.

F.S. 934.01 on Google Scholar

F.S. 934.01 on Casetext

Amendments to 934.01

Arrestable Offenses / Crimes under Fla. Stat. 934.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.01.

Annotations, Discussions, Cases:

Cases Citing Statute 934.01

Total Results: 20

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

Court: District Court of Appeal of Florida | Date Filed: 2020-08-19

Snippet: interception of “wire and oral communications.” § 934.01(2), Fla. Stat. (2019). In Minotty v. Baudo, 42

Abdo v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-08-01

Citation: 144 So. 3d 594, 2014 WL 3765446, 2014 Fla. App. LEXIS 11777

Snippet: evidence in courts and administrative proceedings.” § 934.01(2). “Oral communication” is defined as “any

Perdue v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-02-02

Citation: 78 So. 3d 712, 2012 Fla. App. LEXIS 1372, 2012 WL 310878

Snippet: He argued that the recording violated section 934.01(4), Florida Statutes (2009), and his right to privacy

Jenkins v. State

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 978 So. 2d 116, 2008 WL 596782

Snippet: area or in their buttocks area.'"). [13] Cf. § 934.01(2), Fla. Stat. (2006) ("In order to protect effectively

Horning-Keating v. Employers Ins. of Wausau

Court: District Court of Appeal of Florida | Date Filed: 2007-10-26

Citation: 969 So. 2d 412, 2007 WL 3118841

Snippet: erred in entering summary judgment on her section 934.01 claim regarding the issue of whether Spangler procured

Delgado v. State

Court: Supreme Court of Florida | Date Filed: 2006-11-16

Citation: 948 So. 2d 681, 2006 WL 3313734

Snippet: law does regulate the use of pen registers. See § 934.01, Fla. Stat. (2002) (making legislative findings);

Jenkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-01-25

Citation: 924 So. 2d 20, 2006 WL 167672

Snippet: evidence in any trial" or other proceeding. See also § 934.01(2); Davis v. State, *31 529 So.2d 732 (Fla. 4th

State v. Otte

Court: Supreme Court of Florida | Date Filed: 2004-10-07

Citation: 887 So. 2d 1186, 2004 WL 2251849

Snippet: enforcement and the administration of justice. § 934.01(3), Fla. Stat. (1999). In light of the legislative

Cohen Brothers, LLC. v. Me Corp., Sa

Court: District Court of Appeal of Florida | Date Filed: 2004-04-14

Citation: 872 So. 2d 321, 2004 WL 784885

Snippet: Florida's Security of Communications Act, section 934.01 et seq., Florida Statutes (1999) (the "Wiretap

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-01-11

Snippet: Butterworth Attorney General RAB/tgh 1 See, s. 934.01, Fla. Stat., setting forth legislative findings

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-13

Citation: 636 So. 2d 1372, 1994 WL 180402

Snippet: wiretap legislation to safeguard privacy interests. § 934.01, Fla. Stat. (1991); Copeland. We also find it reasonable

Mozo v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-01-19

Citation: 632 So. 2d 623, 1994 WL 10803

Snippet: (1928). [3] In fact, the historical note to section 934.01 states: "With one exception the state law follows

Payne v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-05-23

Citation: 562 So. 2d 372, 1990 Fla. App. LEXIS 3555, 1990 WL 67306

Snippet: of “electronic, mechanical or other device.” § 934.01(4)(a), Fla.Stat. (1987). Therefore, no interception

State v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1990-05-08

Citation: 562 So. 2d 740, 1990 Fla. App. LEXIS 3115, 1990 WL 58281

Snippet: wire, oral and electronic communication. See § 934.01, Fla.Stat. (1989). Section 934.03, Florida Statutes

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-08-31

Citation: 529 So. 2d 732, 1988 WL 65140

Snippet: provisions of that chapter. For example, section 934.01(2), Florida Statutes (1985), provides: In order

Welker v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-04-01

Citation: 504 So. 2d 802, 12 Fla. L. Weekly 918

Snippet: " 272 So.2d at 493. The court also discussed § 934.01(4), Florida Statutes, which serves to further implement

Palmer v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-04-05

Citation: 448 So. 2d 55, 1984 Fla. App. LEXIS 12663

Snippet: Constitution, in effect at that time, and section 934.01(4), Florida Statutes, relating to the interception

Inciarrano v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-03-14

Citation: 447 So. 2d 386

Snippet: safeguard the privacy of innocent persons... ." Section 934.01, Fla. Stat. (1981). We suggest again that the material

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-07-08

Snippet: allowed in narrowly prescribed circumstances. Section 934.01, F.S. See, s 934.03, F.S., which provides that

Copeland v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-05-13

Citation: 435 So. 2d 842

Snippet: interception of private communications by any means. See § 934.01(2). To decide, as the state suggests, that the