The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.215

934.215 Unlawful use of a two-way communications device.—Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 2001-114.

F.S. 934.215 on Google Scholar

F.S. 934.215 on Casetext

Amendments to 934.215

Arrestable Offenses / Crimes under Fla. Stat. 934.215

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

S934.215 - PUBLIC ORDER CRIMES - USE 2 WAY COMM DEVICE TO FACIL FELONY - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

WEITZ, DOC v. STATE, 275 So. 3d 707 (Fla. App. Ct. 2019)

. . . Weitz argues that his dual convictions for unlawfully using a two-way communications device, see § 934.215 . . . Nothing in either section 934.215 or in section 847.0138(2) explicitly authorizes multiple punishments . . . Section 934.215 does not require proof that any content was sent to anyone via any mechanism, and so . . . section 847.0138(2) requires proof of multiple elements that section 934.215 does not. . . . this limitation, and we will not read such a limitation into section 934.215. . . .

SANCHEZ, Sr. v. STATE, 270 So. 3d 515 (Fla. App. Ct. 2019)

. . . Section 934.215, Florida Statutes (2015), provides: Any person who uses a two-way communications device . . .

COFFEY, v. STATE, 268 So. 3d 278 (Fla. App. Ct. 2019)

. . . commission of a felony, traveling to engage in sexual conduct with a minor, in violation of section 934.215 . . .

PASICOLAN, v. STATE, 268 So. 3d 279 (Fla. App. Ct. 2019)

. . . (2013) (Count I); one count of unlawful use of a two-way communications device, contrary to section 934.215 . . .

WRIGHT, v. STATE, 268 So. 3d 208 (Fla. App. Ct. 2019)

. . . violated when he was convicted of both the unlawful use of a two-way communications device under section 934.215 . . . the same criminal episode, a charge for unlawful use of a two-way communications device under section 934.215 . . .

PIZARRO- GARCIA, v. STATE, 265 So. 3d 732 (Fla. App. Ct. 2019)

. . . of a two-way communication device to facilitate the commission of a crime, in violation of section 934.215 . . .

LEE, v. STATE, 258 So. 3d 1297 (Fla. 2018)

. . . . § 934.215, Fla. Stat. (2013). . . . 154 So.3d at 399 (concluding that "the unlawful use of a two-way communications device" in section 934.215 . . . Stat. (2013). § 934.215, Fla. Stat. (2013). § 847.0135(3)(a), Fla. Stat. (2013). . . .

KANIA, v. STATE, 243 So. 3d 1032 (Fla. App. Ct. 2018)

. . . Stat. (2012), and unlawful use of a two-way communications device, see § 934.215, Fla. . . . , this court held that the offense of unlawful use of a two-way communications device under section 934.215 . . .

WATKINS, v. STATE, 244 So. 3d 341 (Fla. App. Ct. 2018)

. . . Florida Statutes (2010) ; and (4) unlawful use of a two-way communications device in violation of section 934.215 . . .

BERMUDEZ, v. STATE, 235 So. 3d 1057 (Fla. Dist. Ct. App. 2018)

. . . of a two-way communications device to facilitate the commission of a felony in violation of section 934.215 . . .

RUBIO, DOC v. STATE, 233 So. 3d 482 (Fla. Dist. Ct. App. 2017)

. . . communications device to facilitate or further the commission of a felony, in violation of section 934.215 . . .

WEITZ, v. STATE, 229 So. 3d 872 (Fla. Dist. Ct. App. 2017)

. . . 847.0138, Florida Statutes (2012), and unlawfully using a two-way communications device under section 934.215 . . .

COFFEY, v. STATE, 228 So. 3d 179 (Fla. Dist. Ct. App. 2017)

. . . commission of a felony, traveling to engage in sexual conduct with a minor, in violation of section 934.215 . . . accept the State’s concession of error and vacate the appellants judgment and sentence under section 934.215 . . .

PASICOLAN, v. STATE, 240 So. 3d 792 (Fla. App. Ct. 2017)

. . . (2013) (Count I); one count of unlawful use of a two-way communications device, contrary to section 934.215 . . . a minor under section 847.0135(4) and unlawful use of a two-way communications device under section 934.215 . . .

UNITED STATES v. GUZMAN- RENDON, A. A., 864 F.3d 409 (5th Cir. 2017)

. . . connection with the same offense, Guzman-Rendon was also convicted of violating Florida Statutes § 934.215 . . .

LEE, v. STATE, 223 So. 3d 342 (Fla. Dist. Ct. App. 2017)

. . . of a two-way communications device to facilitate the commission of a felony, in violation of section 934.215 . . . The offenses proscribed by sections 847.0135(4) and 934.215, Florida Statutes (counts I and II in this . . . followed in this determination that violations of section 847.0135(4) (traveling after solicitation) and 934.215 . . . . § 934.215, Fla. Stat. (2013). .§ 847.0135(3)(a), Fla. Stat. (2013). . See State v. . . . . §§ 775.082(3)(e), 847.0135(3)(a), 934.215, Fla. Stat. (2013). . . .

DETTLE, s v. STATE s, 226 So. 3d 285 (Fla. Dist. Ct. App. 2017)

. . . of a two-way communication device (cell phone) to further the commission of a felony, under section 934.215 . . . have applied the Block-burger test to the offenses described in sections 847.0135(3), 847.0135(4), and 934.215 . . . Likewise, this court has deemed the violation of sections 847.0135(4) and 934.215 to be the same offenses . . . the convictions for soliciting (§ 847.0135(3)) and unlawful use of two-way communications device (§ 934.215 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 1281 (Fla. 2017)

. . . (Unlawful Use of a Two-Way Communications Device) instructs upon the crime as set forth in section 934.215 . . . and amended in 2013 [131 So.3d 755] and 2017. 29.26 UNLAWFUL USE OF A TWO-WAY COMMUNICATIONS DEVICE § 934.215 . . .

F. HONAKER, v. STATE, 199 So. 3d 1068 (Fla. Dist. Ct. App. 2016)

. . . Appellant’s dual convictions for unlawful use of a two-way communications device, in violation of section 934.215 . . .

MILLS, v. STATE, 196 So. 3d 571 (Fla. Dist. Ct. App. 2016)

. . . , Florida Statutes (2013), unlawful use of a two-way communications device, in violation of section 934.215 . . . that double jeopardy principles preclude separate convictions under section 847.0135(3)(a), section 934.215 . . .

LASHLEY, v. STATE, 194 So. 3d 1084 (Fla. Dist. Ct. App. 2016)

. . . unlawful use of a two-way communications device to further the commission of a felony contrary to section 934.215 . . . 847.0135(4), Florida Statutes (2013), and unlawful use of a two-way communications device under section 934.215 . . .

R. BATCHELOR, v. STATE, 193 So. 3d 1054 (Fla. Dist. Ct. App. 2016)

. . . Florida Statutes (2012); (2) unlawful úse of a two-way communications device, á violation of section ’ 934.215 . . . minor under section 847.0135(4)(b) and unlawful use of a two-way communications device under section 934.215 . . . a Block burger “same elements test” — that the convictions under section 847.0135(4)(b) and section 934.215 . . . the statutes, specifically that section 847.0135 refers to “unlawful sexual activity” whereas section 934.215 . . . and other district courts of appeal.- As this court explained in Mizner, 154 So.3d at 399: Section 934.215 . . .

DETTLE, v. STATE, 218 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . and for use of a two-way communications device in the commission of a felony, in violation of section 934.215 . . . We vacate the conviction and sentence for violation of section 934.215 and remand for correction of the . . .

HOLUBEK, v. STATE, 173 So. 3d 1114 (Fla. Dist. Ct. App. 2015)

. . . second argument, raised for the first time 'on appeal, is that his conviction in Count 1 under section 934.215 . . . and charged with three counts: Count 1, unlawful use of a two-way communications device under section 934.215 . . . 4)(a), Florida Statutes (2013), and unlawful use of a two-way com-njunications device under section 934.215 . . . the same criminal episode, a charge for unlawful use of a two-way communications device under section 934.215 . . . and remand for the lower court to vacate Holu-bek’s conviction and sentence for Count 1 under section 934.215 . . .

HOLT, v. STATE, 173 So. 3d 1079 (Fla. Dist. Ct. App. 2015)

. . . 847.0135(4)(a), Florida Statutes (2013), and unlawful use of a two-way communications device under section 934.215 . . . Section 934.215, Florida Statutes, criminalizes the use of a two-way communications device to facilitate . . . there is no double jeopardy violation for dual convictions under section 847.0135(4)(a) and section 934.215 . . . authorize dual convictions for violations of section 847.0135 and any other statute, such as section 934.215 . . . Accordingly, we find that the dual convictions in this case under section 847.0135(4)(a) and section 934.215 . . .

HAMILTON, v. STATE, 163 So. 3d 1277 (Fla. Dist. Ct. App. 2015)

. . . 847.0135(4), Florida Statutes (2013), and unlawful use of a two-way communications device under section 934.215 . . . minor under section 847.0135(4), and unlawful use of a two-way communications device under section 934.215 . . .

MIZNER, v. STATE, 154 So. 3d 391 (Fla. Dist. Ct. App. 2014)

. . . second-degree felony; Count 3, unlawful use of a two-way communications device in violation of section 934.215 . . . section 847.0135(3)(b), and unlawful use of a two-way communications device, in violation of section 934.215 . . . Section 934.215 provides, in pertinent part, that “[a]ny person who uses a two-way communications device . . .

EXANTUS, v. STATE, 198 So. 3d 1 (Fla. Dist. Ct. App. 2014)

. . . multiple punishments for the same crime in sections 847.0135(2), (4), Florida Statutes (2011), or section 934.215 . . . communications device (2) for the purpose of facilitating or furthering the commission of any felony offense. § 934.215 . . .

STATE v. DAVIS,, 141 So. 3d 1230 (Fla. Dist. Ct. App. 2014)

. . . See §§ 847.0135(3)(a), (4)(a); 934.215, Fla. Stat. (2012). . . .

E. GENNETTE, v. STATE, 124 So. 3d 273 (Fla. Dist. Ct. App. 2013)

. . . of unlawful use of a two-way communications device to facilitate a felony, in violation of section 934.215 . . .