Florida Statute 934.08 | 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. 934.08

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.

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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 Citing Statute 934.08

Total Results: 10

Richard R. Mcdade v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-12-11

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

Snippet: interception delineated in Section *298 934.08(2), Florida Statutes (1975). Section 934.06, Florida

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-04-30

Citation: 979 So. 2d 1257, 2008 WL 1886376

Snippet: within the sixty days. [7] Steele, 747 So.2d at 934. [8] Pet. at p. 7; record references deleted. [9]

The Florida Bar v. McClure

Court: Supreme Court of Florida | Date Filed: 1991-01-17

Citation: 575 So. 2d 176, 16 Fla. L. Weekly Supp. 128, 1991 Fla. LEXIS 94, 1991 WL 6537

Snippet: use is not affirmatively authorized by section 934.08, Florida Statutes (1981). We reject this argument

Palm Beach Newspapers v. Burk

Court: District Court of Appeal of Florida | Date Filed: 1985-06-11

Citation: 471 So. 2d 571, 10 Fla. L. Weekly 1435

Snippet: Section 905.24 (grand jury proceedings); Section 934.08 (information gained through wiretaps). Section

Lomelo v. Schultz

Court: District Court of Appeal of Florida | Date Filed: 1982-12-01

Citation: 422 So. 2d 1050, 1982 Fla. App. LEXIS 22154

Snippet: communication, in violation of Sections 934.10 and 934.08, Florida Statutes (1981). The complaint alleged

State v. Shaktman

Court: District Court of Appeal of Florida | Date Filed: 1980-10-14

Citation: 389 So. 2d 1045

Snippet: U.S.C.A. § 2511(2)(c) (1970); §§ 934.03(2)(c), 934.08(3), Fla. Stat. (1979). These statutes, however

State v. Napoli

Court: District Court of Appeal of Florida | Date Filed: 1979-06-27

Citation: 373 So. 2d 933

Snippet: use or disclosure pursuant to the provisions of § 934.08(1) and (2) for investigations. The presence of

Sarmiento v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-04-17

Citation: 371 So. 2d 1047

Snippet: subsequent passage of Sections 934.03(2)(c),[1] 934.08(3),[2] Florida Statutes (1977) impliedly overruled

Campbell v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-11-15

Citation: 365 So. 2d 751, 1978 Fla. App. LEXIS 17157

Snippet: or disclosure pursuant to the provisions of s. 934.08(1) and (2) for investigations. . The distinctions

Lambert v. Heaton

Court: District Court of Appeal of Florida | Date Filed: 1961-11-14

Citation: 134 So. 2d 536

Snippet: immaterial. Railton v. Mathews (1844), 10 Clark & F. 934, 8 Eng.Reprint 933; Jungk v. Holbrook, 15 Utah 198