Florida Statute 934.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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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;

(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 CourtListener

Amendments to 934.02

Annotations, Discussions, Cases:

Cases Citing Statute 934.02

Total Results: 98

Jackson v. State

18 So. 3d 1016, 34 Fla. L. Weekly Supp. 547, 2009 Fla. LEXIS 1578, 2009 WL 3029668

Supreme Court of Florida | Filed: Sep 24, 2009 | Docket: 1640419

Cited 41 times | Published

definition. See S.C.Code Ann. § 17-30-15(2) (2005); cf. § 934.02(2), Fla. Stat. (2005). Under both the Fourth Amendment

State v. Mozo

655 So. 2d 1115, 1995 WL 215031

Supreme Court of Florida | Filed: Apr 13, 1995 | Docket: 1327279

Cited 40 times | Published

to be protected by chapter 934 is defined by section 934.02(2) as: [A]ny oral communication uttered by

State v. Smith

641 So. 2d 849, 1994 WL 261441

Supreme Court of Florida | Filed: Jun 16, 1994 | Docket: 1152131

Cited 39 times | Published

public meeting or any electronic communication." § 934.02(2), Fla. Stat. (1991) (emphasis added). Thus,

Shaktman v. State

553 So. 2d 148, 1989 WL 120852

Supreme Court of Florida | Filed: Oct 12, 1989 | Docket: 1675568

Cited 36 times | Published

telephone line to which such device is attached ... § 934.02(20), Fla. Stat. (Supp. 1988). See also 18 U.S

State v. Inciarrano

473 So. 2d 1272, 10 Fla. L. Weekly 340

Supreme Court of Florida | Filed: Jun 27, 1985 | Docket: 451710

Cited 32 times | Published

home was an "oral communication" as defined in section 934.02(2). We answered that it was an "oral communication;"

State v. Tsavaris

394 So. 2d 418

Supreme Court of Florida | Filed: Feb 12, 1981 | Docket: 1315382

Cited 30 times | Published

received into evidence. Intercept is defined by section 934.02(3) to mean the "aural acquisition of the contents

State v. Keaton

371 So. 2d 86

Supreme Court of Florida | Filed: May 10, 1979 | Docket: 1786008

Cited 29 times | Published

ordinary course of business. In such a case, section 934.02(4)(a) provides that the contents of the call

Dorsey v. State

402 So. 2d 1178

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 382984

Cited 18 times | Published

definitions, found in subsections (1) and (2) of section 934.02, Florida Statutes (1977), are as follows: "Wire

State v. Nova

361 So. 2d 411

Supreme Court of Florida | Filed: Jul 27, 1978 | Docket: 1288524

Cited 18 times | Published

testimony did not fall within the exclusion of Section 934.02(4)(a), Florida Statutes (1975), the District

State v. Nova

361 So. 2d 411

Supreme Court of Florida | Filed: Jul 27, 1978 | Docket: 1288524

Cited 18 times | Published

testimony did not fall within the exclusion of Section 934.02(4)(a), Florida Statutes (1975), the District

Brown v. State

349 So. 2d 1196

District Court of Appeal of Florida | Filed: Aug 12, 1977 | Docket: 1226625

Cited 18 times | Published

circumstances justifying such expectation... ." Section 934.02(2). Because we hold that a person in appellant's

Minotty v. Baudo

42 So. 3d 824, 2010 WL 2882460

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2396651

Cited 15 times | Published

any electronic, mechanical, or other device." § 934.02(3), Fla. Stat. (2007) (emphasis added). Thus,

United States v. Van Horn

789 F.2d 1492, 54 U.S.L.W. 2633

Court of Appeals for the Eleventh Circuit | Filed: May 23, 1986 | Docket: 66216137

Cited 15 times | Published

authorized to enter such orders under Fla.Stat.Ann. § 934.02(8). For the foregoing reasons, the order of the

Royal Health Care Services, Incorporated, D/B/A Best Care v. Jefferson-Pilot Life Insurance Company

924 F.2d 215, 1991 U.S. App. LEXIS 2713, 1991 WL 11506

Court of Appeals for the Eleventh Circuit | Filed: Feb 21, 1991 | Docket: 828516

Cited 14 times | Published

electronic, mechanical, or other device.” Fla.Stat.Ann. § 934.02(3) (West Supp.1990). To intercept a communication

Horn v. State

298 So. 2d 194

District Court of Appeal of Florida | Filed: Jul 2, 1974 | Docket: 1439301

Cited 14 times | Published

"being nosey" and was "eavesdropping." Florida Statute 934.02, F.S.A. defines "oral communication" to

Delgado v. State

948 So. 2d 681, 2006 WL 3313734

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 564085

Cited 12 times | Published

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

Koch v. Kimball

710 So. 2d 5, 1998 WL 75000

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 1445188

Cited 12 times | Published

the point of origin and the point of reception." § 934.02(1), Fla. Stat. (1995) (emphasis supplied). Under

State v. Jackson

650 So. 2d 24, 1995 WL 48439

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1703051

Cited 12 times | Published

CONSTITUTE AN ELECTRONIC COMMUNICATION AS DEFINED BY SECTION 934.02(12), FLORIDA STATUTES (1991), SUCH THAT TO

Mozo v. State

632 So. 2d 623, 1994 WL 10803

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 2516923

Cited 12 times | Published

defendant was not an "aggrieved person," defined in section 934.02(9) as one "who was a party to any intercepted

Chandler v. State

366 So. 2d 64

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 1228443

Cited 12 times | Published

suppress the tape recorded conversation.[6] *70 Section 934.02(1), Florida Statutes (1977), defines "wire

State v. Walls

356 So. 2d 294

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1739858

Cited 12 times | Published

home is an "oral communication" as defined in Section 934.02(2), Florida Statutes, that this electronic

James Eric McDonough v. Katherine Fernandez-Rundle

862 F.3d 1314, 2017 WL 2960724, 2017 U.S. App. LEXIS 12419

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 2017 | Docket: 6088730

Cited 11 times | Published

subsection (4). Fla. Stat. § 934.03 (2016). Section 934.02 in turn defines “oral communication” as any

Stevenson v. State

667 So. 2d 410, 1996 WL 12615

District Court of Appeal of Florida | Filed: Jan 16, 1996 | Docket: 149396

Cited 11 times | Published

interception. §§ 934.03, 934.07, Fla. Stat. (1993). Section 934.02(2), Florida Statutes (1993), defines "oral

Lewis v. State

570 So. 2d 346, 1990 WL 152112

District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 374120

Cited 11 times | Published

would not be subject to interception under section 934.02(2), Florida Statutes (1987), and because the

Shaktman v. State

529 So. 2d 711, 1988 WL 26257

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793

Cited 11 times | Published

enumerated in section 934.02, Florida Statutes (1983). The absence of pen registers in section 934.02 supports

Guilder v. State

899 So. 2d 412, 2005 WL 714859

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 2514087

Cited 10 times | Published

any electronic, mechanical, or other device." § 934.02(3), Fla. Stat. In Shevin v. Sunbeam Television

Dept. of Agriculture v. Edwards

654 So. 2d 628, 1995 WL 258910

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 179141

Cited 10 times | Published

recording to take place, the question whether section 934.02(3), Florida Statutes, had been violated should

State v. News-Press Pub. Co.

338 So. 2d 1313, 2 Media L. Rep. (BNA) 1240

District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 1511834

Cited 10 times | Published

to the definition of "oral communication" in Section 934.02(2). We, therefore, hold that the Florida Security

State v. McCormick

719 So. 2d 1220, 1998 WL 653600

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 151519

Cited 9 times | Published

any electronic, mechanical, or other device." § 934.02(3), Fla. Stat. (1997). The State notes that no

Brandin v. State

669 So. 2d 280, 1996 WL 44163

District Court of Appeal of Florida | Filed: Feb 6, 1996 | Docket: 530696

Cited 9 times | Published

felony. An "oral communication" is defined in section 934.02(2) as: any oral communication uttered by a

State v. Tsavaris

382 So. 2d 56

District Court of Appeal of Florida | Filed: Mar 6, 1980 | Docket: 1255198

Cited 9 times | Published

an electronic, mechanical or other device. Section 934.02(3). A telephone instrument furnished to a subscriber

Sogo v. GARCIA'S NAT. GUN, INC.

615 So. 2d 184, 1993 WL 52995

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1184121

Cited 8 times | Published

by any law enforcement agency as defined in Section 934.02, Florida Statutes. (d) Exceptions. The following

LaPorte v. State

512 So. 2d 984, 12 Fla. L. Weekly 2007

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 473201

Cited 7 times | Published

conversation that contains privileged communications. Section 934.02(2) defines "oral communication" as "any oral

Inciarrano v. State

447 So. 2d 386

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 1311840

Cited 7 times | Published

circumstances justifying such expectation...." § 934.02(2), Fla. Stat. (1981). The legislature is presumed

O'Brien v. O'Brien

899 So. 2d 1133, 2005 WL 322367

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 755420

Cited 6 times | Published

any electronic, mechanical, or other device." § 934.02(3), Fla. Stat. (2003). We discern that there is

Cinci v. State

642 So. 2d 572, 1994 WL 234303

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 464205

Cited 6 times | Published

area are more likely to be protected under section 934.02(2). See Ruiz v. State, 416 So.2d 32 (Fla. 5th

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

their own definition, perhaps by looking at Fla. Stat. 934,02(12) and Fla. Stat. 668.602(7), The definition

United States v. Nelson

837 F.2d 1519, 1988 WL 8210

Court of Appeals for the Eleventh Circuit | Filed: Feb 25, 1988 | Docket: 66231431

Cited 5 times | Published

communication_” 18 U.S.C. § 2510(4); Fla.Stat. § 934.02(3). The government relies upon a decision of the

Department of Prof. Reg. v. Rentfast

467 So. 2d 486

District Court of Appeal of Florida | Filed: Apr 18, 1985 | Docket: 1274806

Cited 5 times | Published

granted. That ruling has not been appealed. [2] Section 934.02(5), Florida Statutes (1983) provides, "`Person'

Burgess v. Burgess

447 So. 2d 220

Supreme Court of Florida | Filed: Mar 15, 1984 | Docket: 109188

Cited 5 times | Published

joint stock company, trust, or corporation; ... § 934.02, Fla. Stat. (1979). This definition draws no distinction

Chiarenza v. State

406 So. 2d 66

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 449811

Cited 5 times | Published

any electronic, mechanical, or other device." § 934.02(3), Fla. Stat. (1979). Obviously one party to

France v. France

90 So. 3d 860, 2012 WL 1956352, 2012 Fla. App. LEXIS 8799

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60309668

Cited 4 times | Published

of any electronic, mechanical, or other device. § 934.02(3), Fla. Stat. (2009). . Like Koch, the Kountze

Pinellas County School Bd. v. Suncam, Inc.

829 So. 2d 989, 31 Media L. Rep. (BNA) 1095, 2002 Fla. App. LEXIS 16178, 2002 WL 31487175

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1454341

Cited 4 times | Published

regulates the interception of oral communication. Section 934.02(2), Florida Statutes, however, defines "oral

State v. Williams

443 So. 2d 952

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 1458679

Cited 4 times | Published

intrastate, interstate, or foreign communications. § 934.02(1), Fla. Stat. (1979). "Oral communication" means:

Nova v. State

346 So. 2d 1214

District Court of Appeal of Florida | Filed: May 17, 1977 | Docket: 17908

Cited 4 times | Published

the meaning of the above statutory section. Section 934.02(3) defines "intercept" to mean the "aural acquisition

Taylor v. State

292 So. 2d 375

District Court of Appeal of Florida | Filed: Mar 26, 1974 | Docket: 1511706

Cited 4 times | Published

information would be in violation of this chapter." Section 934.02 defines "intercept" as follows: "`Intercept'

Tracey v. State

69 So. 3d 992, 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2355513

Cited 3 times | Published

not include the contents of any communication." § 934.02(20), Fla. Stat. (2009). [2] A "trap and trace

Hentz v. State

62 So. 3d 1184, 2011 Fla. App. LEXIS 8418, 2011 WL 2200628

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 692401

Cited 3 times | Published

of any electronic, mechanical, or other device. § 934.02(1-3), Fla. Stat. (2008). Finally, as the Florida

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

872 So. 2d 321, 2004 WL 784885

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1357001

Cited 3 times | Published

association, joint stock company, trust, or corporation. § 934.02(5), Fla. Stat. (1999). To establish a claim under

State v. Hershkowitz

714 So. 2d 545, 23 Fla. L. Weekly Fed. D 1522

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 198476

Cited 3 times | Published

"investigative or law enforcement officer" contained in section 934.02(6) was not amended to conform to the expansion

Jackson v. State

636 So. 2d 1372, 1994 WL 180402

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1361718

Cited 3 times | Published

a protected electronic communication under section 934.02(12), Florida Statutes (1991), such that the

Jackson v. State

636 So. 2d 1372, 1994 WL 180402

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1361718

Cited 3 times | Published

a protected electronic communication under section 934.02(12), Florida Statutes (1991), such that the

Richard R. Mcdade v. State of Florida

154 So. 3d 292, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3681, 2014 WL 6977944

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613861

Cited 2 times | Published

any wire, oral, or electronic communications. Section 934.02(2), Florida Statutes (2010), defines the term

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

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

Figueroa v. State

870 So. 2d 897, 2004 WL 741425

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1698129

Cited 2 times | Published

communication." The term, "contents," is defined in section 934.02(7), Florida Statutes (2000), as it relates

Armstrong v. Southern Bell Tel. & Tel. Co.

366 So. 2d 88

District Court of Appeal of Florida | Filed: Jan 3, 1979 | Docket: 1227810

Cited 2 times | Published

communication; * * * shall be guilty of a felony * * *" F.S. 934.02(2), Florida Statutes 1973, defined oral communication

Abdo v. State

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

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 795329

Cited 1 times | Published

circumstances justifying such expectation .... ” § 934.02(2). Protection under chapter 934 requires not

Stalley v. ADS Alliance Data Systems, Inc.

997 F. Supp. 2d 1259, 2014 WL 349489, 2014 U.S. Dist. LEXIS 12124

District Court, M.D. Florida | Filed: Jan 31, 2014 | Docket: 65997453

Cited 1 times | Published

electronic, mechanical, or other device.” See § 934.02(3), Fla. Stat. Therefore, to intercept a communication

Brugmann v. State

117 So. 3d 39, 2013 WL 2494244, 2013 Fla. App. LEXIS 9297

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232659

Cited 1 times | Published

communication was unlawfully intercepted[.] Section 934.02(2), Florida Statutes (2004), defines the term

McDade v. State

114 So. 3d 465, 2013 WL 2451347, 2013 Fla. App. LEXIS 8996

District Court of Appeal of Florida | Filed: Jun 7, 2013 | Docket: 60231945

Cited 1 times | Published

in that communication under the circumstances. § 934.02(2) (defining “oral communication” as “any oral

Cuomo v. State

98 So. 3d 1275, 2012 Fla. App. LEXIS 18386, 2012 WL 5233474

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60312181

Cited 1 times | Published

justifying such expectation Id. at 852 (citing to section 934.02(2), Florida Statutes (1991)) (emphasis in original)

Jatar v. Lamaletto

758 So. 2d 1167, 2000 Fla. App. LEXIS 5252, 2000 WL 525888

District Court of Appeal of Florida | Filed: May 3, 2000 | Docket: 64797555

Cited 1 times | Published

Inciarrano, 473 So.2d 1272, 1275 (Fla.1985), Section 934.02(2) in defining oral communication, expressly

State Ex Rel. Kennedy v. Lee

274 So. 2d 881

Supreme Court of Florida | Filed: Mar 13, 1973 | Docket: 1676520

Cited 1 times | Published

or Section 4(2), or under Florida Statutes Section 934.02 and 934.09(1), (2), (3), and Chapter 25, Florida

Emily Mize English v. Port St. Lucie Police Department

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525399

Published

public meeting or any electronic communication.” § 934.02(2), Fla. Stat. (2023) (emphasis added). As

South Broward Hospital District D/B/A Memorial Healthcare System v. Joseph Kaplan and Donald Solomon

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151383

Published

of timely filed motion for rehearing. 1 Section 934.02(5), Florida Statutes (2022), states that “‘[p]erson’

Michael L. Waite v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050030

Published

definition of “oral communication” as defined by section 934.02(2), Florida Statutes, because the deputies

Maddie Joy Langlois v. State of Florida

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68896433

Published

point of origin and the point of reception.” Id. § 934.02(18). 3

MICHAEL L. WAITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 67718504

Published

definition of “oral communication” as defined by section 934.02(2), Florida Statutes, because the deputies

SCOTT ALEXANDER JOHNSTONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389447

Published

communications under certain circumstances as defined in section 934.02(2), Florida Statutes (2017), but the defendant

JOSE ESTACHE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588194

Published

not include the contents of any communication.” § 934.02(20), Fla. Stat. (2021). A trap and trace “captures

RYAN D. GESTEN and ANDREA GESTEN v. AMERICAN STRATEGIC INSURANCE CORP.

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352044

Published

any electronic communication.” § 934.02(2), Fla. Stat. (1991) (emphasis added). Thus

RYAN D. GESTEN and ANDREA GESTEN v. AMERICAN STRATEGIC INSURANCE CORP.

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63359320

Published

any electronic communication.” § 934.02(2), Fla. Stat. (1991) (emphasis added). Thus

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108417

Published

934.03(1)(a), Florida Statutes (2009), and section 934.02(2), Florida Statutes (2009), there was no probable

STATE OF FLORIDA v. KIMBERLY D. FOSTER

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073795

Published

statements were oral communications, as defined in section 934.02, Florida Statutes (2019), obtained in violation

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882200

Published

any electronic, mechanical, or other device.” Section 934.02(3), Fla. Stat. (2009). “Oral communication”

Corey Smiley v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2019 | Docket: 16068377

Published

1275 (Fla. 1985) (emphasis in original); see also § 934.02(2), Fla. Stat. (2018) (defining “oral communication”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.

260 So. 3d 1024

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439935

Published

perhaps by looking at Fla. Stat. § 934.02(12) , Fla. Stat. and Fla. Stat

Smith v. State

261 So. 3d 714

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700834

Published

circumstances justifying such expectation." Id. § 934.02(2). When a protected oral communication has been

Smith v. State

261 So. 3d 714

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64700835

Published

circumstances justifying such expectation." Id. § 934.02(2). When a protected oral communication has been

State v. Caraballo

198 So. 3d 819, 2016 Fla. App. LEXIS 3523, 2016 WL 886538

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044946

Published

information would be in violation of this chapter.” Section 934.02(2) defines oral communication as “any oral

Belle v. State

177 So. 3d 285, 2015 Fla. App. LEXIS 14453, 2015 WL 5709461

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863178

Published

circumstances justifying such expectation.... ” § 934.02(2). Except “in cases of prosecution for criminal

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

Trial judges may consult § 790.01, Fla. Stat., § 934.02, Fla. Stat., and § 943.10, Fla. Stat. in deciding

Perdue v. State

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

District Court of Appeal of Florida | Filed: Feb 2, 2012 | Docket: 2515992

Published

meet the definition of "wire communication" in section 934.02(1). Cf. Dorsey v. State, 402 So.2d 1178, 1183

Ago

Florida Attorney General Reports | Filed: Aug 21, 2002 | Docket: 3256325

Published

See, ss. 934.03(1)(a) and (4), Fla. Stat. 2 Section 934.02(10), Fla. Stat., defines "[l]aw enforcement

Ago

Florida Attorney General Reports | Filed: Jan 11, 2002 | Docket: 3258059

Published

934.03-934.09, Fla. Stat. 3 Section 934.02(1), Fla. Stat. 4 Section 934.02(3), Fla. Stat. 5 State v. Tsavaris

Paredes v. State

760 So. 2d 167, 2000 Fla. App. LEXIS 3723, 2000 WL 313544

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64797914

Published

communication for purposes of chapter 934. See id. § 934.02(3), (4); 934.03(1). Either the mother intentionally

Ago

Florida Attorney General Reports | Filed: Mar 7, 1997 | Docket: 3256218

Published

phone" exception merely restates the language of section 934.02(4)(a), Florida Statutes, and gives it a short

Ago

Florida Attorney General Reports | Filed: Feb 14, 1995 | Docket: 3256119

Published

read with the act to determine its meaning.9 Section 934.02(10), Florida Statutes, defines "Law enforcement

State v. Edwards

645 So. 2d 588, 1994 Fla. App. LEXIS 11450, 1994 WL 653464

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 64752258

Published

attempting to tape record their conversations. Section 934.02(2), Florida Statutes, defines “oral communications”

Ago

Florida Attorney General Reports | Filed: Apr 28, 1991 | Docket: 3257371

Published

regulates the interception of oral communications.3 Section 934.02(2), F.S., however, defines "[o]ral communication"

State v. Jones

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

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 64651030

Published

the contents of an unlawful interception, and section 934.02(9) defines an “aggrieved person” as “a person

State v. Eber

502 So. 2d 32, 1987 Fla. App. LEXIS 6367, 12 Fla. L. Weekly 304

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 64624863

Published

aggrieved person as that term is defined in Section 934.02(9), Florida Statutes (1981),1 and has no standing

Snowdon v. Sambo's

491 So. 2d 1154, 11 Fla. L. Weekly 1235, 1986 Fla. App. LEXIS 8067

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 64620795

Published

under circumstances justifying such expectation." § 934.02(2), Fla. Stat. (1983). Although Captain Titus

P.J. v. State

453 So. 2d 470, 1984 Fla. App. LEXIS 14257

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606106

Published

substance, purport or meaning of that communication. § 934.02(7), Fla.Stat. (1981). Applying the above definitions

Brown v. Shearson Hayden Stone, Inc.

94 F.R.D. 159, 34 Fed. R. Serv. 2d 380, 1982 U.S. Dist. LEXIS 12107

District Court, S.D. Florida | Filed: Apr 21, 1982 | Docket: 66080366

Published

10. The term “person” is defined in Fla.Stat. § 934.02(5) to include a corporation: ‘Person’ means any

Ago

Florida Attorney General Reports | Filed: Jan 15, 1980 | Docket: 3255321

Published

electronic, mechanical, or other device.' [Section 934.02(3), F. S.; emphasis supplied.] In s. 934.02(1)

Ago

Florida Attorney General Reports | Filed: Sep 23, 1976 | Docket: 3256340

Published

subject to the qualifications expressed herein. Section 934.02(2), F. S., provides: "Oral communication" means

Ago

Florida Attorney General Reports | Filed: Mar 1, 1974 | Docket: 3257882

Published

essentially codified the decision in Katz. Section 934.02(2), (3), and (4), F.S., states: "(2) "Oral