Florida Statute 934.33 | 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. 934.33

934.33 Issuance of an order for a pen register or a trap and trace device.—

(1) Upon application made under s. 934.32, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the applicant specified in s. 934.32(1) has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Whenever such order is served on any person or entity not specifically named in the order, upon request of such person or entity, the person specified in s. 934.32 who has requested and is serving such order shall provide written or electronic certification that such order applies to the person or entity being served.

(2) An order issued under this section:

(a) Must specify the following:

1. The identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied.

2. The identity, if known, of the person who is the subject of the criminal investigation.

3. The attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of an order authorizing installation and use of a trap and trace device, the geographic limits of the order.

4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

(b) Must direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under s. 934.34.

(3)(a) An order issued under this section may not authorize the installation and use of a pen register or a trap and trace device for more than 60 days.

(b) Extensions of such an order may be granted but only upon an application for an order under s. 934.32 and upon the judicial finding required by subsection (1). The period of extension may not exceed 60 days.

(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device must direct that:

(a) The order be sealed until otherwise ordered by the court, and

(b) The person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person except as otherwise ordered by the court.

(5) A court may not require greater specificity or additional information beyond that which is required under s. 934.32 and this section as a requisite for issuing an order as provided in this section.

(6)(a) If an investigative or law enforcement agency implementing an ex parte order under this section seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency must ensure that a record is maintained which identifies:

1. Each officer who installed the device and each officer who accessed the device to obtain information from the network;

2. The date and time the device was installed; the date and time the device was uninstalled; and the date, time, and duration of each occasion the device was accessed to obtain information;

3. The configuration of the device at the time of its installation and any subsequent modification of that configuration; and

4. Any information that was collected by the device.

(b) To the extent that the pen register or trap and trace device can be set automatically to record electronically the information required in paragraph (a), the record shall be maintained electronically throughout the installation and use of the device.

(7) The record maintained under subsection (6) shall be provided ex parte and under seal to the court that entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order, including any extension of the order.

History.—s. 10, ch. 88-184; s. 13, ch. 89-269; s. 11, ch. 2002-72.

F.S. 934.33 on Google Scholar

F.S. 934.33 on Casetext

Amendments to 934.33

Arrestable Offenses / Crimes under Fla. Stat. 934.33

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.33.

Annotations, Discussions, Cases:

Cases Citing Statute 934.33

Total Results: 7

ANTHONY FERRARI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 260 So. 3d 295

Snippet: detectives had obtained an order pursuant to section 934.33 authorizing a pen register, but then they used

Rafael Andres v. State of Florida

Court: Fla. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 254 So. 3d 283

Snippet: for Andres' cell phone pursuant to section 934.33, Florida Statutes (2005). On January 27, the police

ANTHONY FERRARI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-05T00:53:00-07:00

Snippet: provided an affidavit pursuant to sections 934.32 and 934.33, Florida Statutes (2001), which allows for the … CSLI. Instead, the detective relied on section 934.33, Florida Statutes, to secure an order authorizing… had also obtained an order pursuant to section 934.33 authorizing a pen register, but then they used

Shawn Alvin Tracey v. State of Florida

Court: Fla. | Date Filed: 2014-10-16T00:00:00-07:00

Citation: 152 So. 3d 504, 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072

Snippet: device.”6 § 934.31(1), Fla. Stat. (2007). Section 934.33(1), Florida Statutes (2007), allowed entry of

Tracey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

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

Snippet: 934.31-934.34 require a court order under section 934.33 "to install or use a pen register or a trap

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-13T00:53:00-07:00

Citation: 636 So. 2d 1372

Snippet: to the procedure outlined in sections 934.32 and 934.33, Florida Statutes (1991), to authorize law enforcement…installation of a pen register under sections 934.32 and 934.33 are considerably less stringent.[2] Unlike a wiretap…order without requiring any greater specificity. § 934.33(1) and (5). With this background, the issue we …1038-1039 (codified as amended at §§ 934.32 and 934.33, Fla. Stat. (Supp. 1988)); 18 U.S.C. §§ 3122 and

Shaktman v. State

Court: Fla. | Date Filed: 1989-10-12T00:53:00-07:00

Citation: 553 So. 2d 148

Snippet: Admin. News (100 Stat.) 1872). [12] §§ 934.32-934.33, Fla. Stat. (Supp. 1988) (effective October 1,