Florida Statute 934.07 | 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. 934.07

934.07 Authorization for interception of wire, oral, or electronic communications.—

(1) The Governor, the Attorney General, the statewide prosecutor, or any state attorney may authorize an application to a judge of competent jurisdiction for, and such judge may grant in conformity with ss. 934.03-934.09 an order authorizing or approving the interception of, wire, oral, or electronic communications by:

(a) The Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 having responsibility for the investigation of the offense as to which the application is made when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, aircraft piracy, arson, gambling, robbery, burglary, theft, dealing in stolen property, criminal usury, bribery, or extortion; any felony violation of ss. 790.161-790.166, inclusive; any violation of s. 787.06; any violation of chapter 893; any violation of the provisions of the Florida Anti-Fencing Act; any violation of chapter 895; any violation of chapter 896; any violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40; or any conspiracy or solicitation to commit any violation of the laws of this state relating to the crimes specifically enumerated in this paragraph.

(b) The Department of Law Enforcement, together with other assisting personnel as authorized and requested by the department under s. 934.09(5), for the investigation of the offense as to which the application is made when such interception may provide or has provided evidence of the commission of any offense that may be an act of terrorism or in furtherance of an act of terrorism or evidence of any conspiracy or solicitation to commit any such violation.

(2)(a) If, during the course of an interception of communications by a law enforcement agency as authorized under paragraph (1)(a), the law enforcement agency finds that the intercepted communications may provide or have provided evidence of the commission of any offense that may be an act of terrorism or in furtherance of an act of terrorism, or evidence of any conspiracy or solicitation to commit any such violation, the law enforcement agency shall promptly notify the Department of Law Enforcement and apprise the department of the contents of the intercepted communications. The agency notifying the department may continue its previously authorized interception with appropriate minimization, as applicable, and may otherwise assist the department as provided in this section.

(b) Upon its receipt of information of the contents of an intercepted communications from a law enforcement agency, the Department of Law Enforcement shall promptly review the information to determine whether the information relates to an actual or anticipated act of terrorism as defined in this section. If, after reviewing the contents of the intercepted communications, there is probable cause that the contents of the intercepted communications meet the criteria of paragraph (1)(b), the Department of Law Enforcement may make application for the interception of wire, oral, or electronic communications consistent with paragraph (1)(b). The department may make an independent new application for interception based on the contents of the intercepted communications. Alternatively, the department may request the law enforcement agency that provided the information to join with the department in seeking an amendment of the original interception order, or may seek additional authority to continue intercepting communications under the direction of the department. In carrying out its duties under this section, the department may use the provisions for an emergency interception provided in s. 934.09(7) if applicable under statutory criteria.

(3) As used in this section, the term “terrorism” means an activity that:

(a)1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:

1. Intimidate, injure, or coerce a civilian population;

2. Influence the policy of a government by intimidation or coercion; or

3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

History.—s. 7, ch. 69-17; ss. 11, 20, 35, ch. 69-106; s. 42, ch. 73-334; s. 1, ch. 77-174; s. 15, ch. 77-342; s. 33, ch. 79-8; s. 5, ch. 88-184; s. 5, ch. 89-269; s. 14, ch. 91-33; s. 10, ch. 2000-369; s. 1, ch. 2001-359; s. 3, ch. 2002-72; s. 10, ch. 2012-97; s. 115, ch. 2019-167.

F.S. 934.07 on Google Scholar

F.S. 934.07 on Casetext

Amendments to 934.07

Arrestable Offenses / Crimes under Fla. Stat. 934.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.07.

Annotations, Discussions, Cases:

Cases Citing Statute 934.07

Total Results: 20

R.A., A JUVENILE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-08

Snippet: occurs.” Tillman v. State, 934 7 So. 2d 1263, 1272 (Fla. 2006)

STATE OF FLORIDA vs YAHAIRA MOJICA PHIPPS

Court: District Court of Appeal of Florida | Date Filed: 2022-08-05

Snippet: in relevant part, the Statewide Prosecutor. § 934.07(1), Fla. Stat. (2021). Notably absent from this

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

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

Snippet: surveillance for prostitution- related offenses. See § 934.07, Fla. Stat. (2019); State v. Rivers, 660 So. 2d

Hentz v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-08

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

Snippet: (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason

O'Brien v. O'Brien

Court: District Court of Appeal of Florida | Date Filed: 2005-04-29

Citation: 899 So. 2d 1133, 2005 WL 322367

Snippet: (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason

State v. Otte

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

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

Snippet: which the district court declared invalid section 934.07, Florida Statutes (1999), to the extent that it

Figueroa v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-04-08

Citation: 870 So. 2d 897, 2004 WL 741425

Snippet: to seek court authorization pursuant to sections 934.07 and 934.09, Florida Statutes (1991), to lawfully

State v. Fratello

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 835 So. 2d 312, 2002 Fla. App. LEXIS 19249, 2002 WL 31875023

Snippet: Legislature enacted a wiretap statute, section 934.07 of the Florida Statutes (1999)3, which authorizes

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-08-21

Snippet: pursuant to a court order obtained under sections 934.07 and934.09, Florida Statutes, that office was not

Ago

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

Snippet: has obtained a court order pursuant to sections 934.07 and 934.09, Florida Statutes, on the basis that

State v. McCormick

Court: District Court of Appeal of Florida | Date Filed: 1998-09-25

Citation: 719 So. 2d 1220, 1998 WL 653600

Snippet: oral and wire communications under subsections 934.07 and 934.09(1)(a), Florida Statutes. The application

State v. Hershkowitz

Court: District Court of Appeal of Florida | Date Filed: 1998-06-24

Citation: 714 So. 2d 545

Snippet: relate to any of the offenses specified in section 934.07,[2] which permits judicial authorization of obviously

State v. Stout

Court: District Court of Appeal of Florida | Date Filed: 1997-05-07

Citation: 693 So. 2d 657, 1997 WL 227441

Snippet: obtain an order of authorization pursuant to section 934.07, Florida Statutes (1993) prior to the interception

Brandin v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-02-06

Citation: 669 So. 2d 280, 1996 WL 44163

Snippet: meeting or any electronic communication. Section 934.07 provides that a state attorney may authorize an

Stevenson v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-01-16

Citation: 667 So. 2d 410, 1996 WL 12615

Snippet: a warrant prior to its interception. §§ 934.03, 934.07, Fla. Stat. (1993). Section 934.02(2), Florida

State v. Rivers

Court: Supreme Court of Florida | Date Filed: 1995-07-06

Citation: 660 So. 2d 1360, 1995 WL 392855

Snippet: section 3(b)(1) of the Florida Constitution. Section 934.07, Florida Statutes (1991), part of which the district

State v. Jackson

Court: Supreme Court of Florida | Date Filed: 1995-02-09

Citation: 650 So. 2d 24, 1995 WL 48439

Snippet: MUST FIRST SEEK AUTHORIZATION PURSUANT TO SECTIONS 934.07 AND 934.09, FLORIDA STATUTES (1991)? Id. at 1377

State v. Rivers

Court: District Court of Appeal of Florida | Date Filed: 1994-08-12

Citation: 643 So. 2d 3, 1994 Fla. App. LEXIS 8009, 1994 WL 419603

Snippet: to the interception of communications. Section 934.07, Florida Statutes (1991) states in relevant part:

Jackson v. State

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

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

Snippet: display pager, the specific requirements of sections 934.07 and 934.09, Florida Statutes (1991), must be followed

Shaktman v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-05-17

Citation: 529 So. 2d 711, 1988 WL 26257

Snippet: to commit a particular offense enumerated in s. 934.07. § 934.09(3)(a), Fla. Stat. (1983). [15] The necessity