Constitutional and Statutory Provisions Involved, Petition No. 12-7747

No: 12-7747

IN THE

SUPREME COURT OF THE UNITED STATES____________________

NEIL J. GILLESPIE, ET AL - PETITIONERS

VS.

THIRTEENTH JUDICIAL CIRCUIT, FLORIDA, ET AL - RESPONDENTS________________________

PETITION FOR A WRIT OF CERTIORARI______________________

SEPARATE VOLUME APPENDIX

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

1. Provisions of the Constitution of the United States Involved

U.S. Const. art. I, § 8 U.S. Const. amend. VIII

U.S. Const. amend. I U.S. Const. amend. IX

U.S. Const. amend. IV U.S. Const. amend. X

U.S. Const. amend. V U.S. Const. amend. XI

U.S. Const. amend. VI U.S. Const. amend. XIV

U.S. Const. amend. VII

Statutes of the United States Involved

2. 15 USC Chapter 1 - 15 USC §§ 1-38, Monopolies and Combinations inRestraint of Trade; §§ 1-7 Sherman Act, §§ 12-27, Clayton Act

3. 15 USC Chapter 2 - Federal Trade Commission (FTC); Promotion of ExportTrade and Prevention of Unfair Methods of Competition;

Subchapter 1 § 45, Section 5, FTC Act

4. 15 USC Chapter 41 - Consumer Credit Protection;Subchapter 1, Part B Credit Transactions

15 USC § 1640 Civil Liability (Truth in Lending Act - TILA)

5. 18 USC Chapter 63 - Mail Fraud and Other Fraud (inadvertently omitted frompage 3, Constitutional and Statutory Provisions, but cited in the petition, pp. 12-20)

18 USC § 1341 - Frauds and swindles18 USC § 1343 - Fraud by wire, radio, or television18 USC § 1344 - Bank fraud18 USC § 1346 - Definition of “scheme or artifice to defraud”

6. 18 USC Chapter 73 - Obstruction of Justice (inadvertently omitted frompage 3, Constitutional and Statutory Provisions, but cited in the petition, pp. 12-20)

18 USC § 1512 - Tampering with a witness, victim, or an informant18 USC § 1513 - Retaliating against a witness, victim, or an informant

7. 18 USC Chapter 95 - Racketeering18 USC § 1951, The Hobbs Act

8. 18 USC Chapter 96 - RICO18 USC § 1961-68, Racketeer Influenced and Corrupt Organizations Act

9. 18 USC Chapter 119 - Wire and Electronic Communications Interception and Interceptionof Oral Communications

18 USC § 2511 - Interception and disclosure of wire, oral, or electroniccommunications prohibited

10. 28 USC Chapter 151 - Declaratory Judgments28 USC §§ 2201-2202 Declaratory Judgment Act

11. 29 USC Chapter 16 - Vocational Rehabilitation and Other Rehabilitation Services29 USC § 701 et seq. The Rehabilitation Act of 1973, Sections 504 and 508

12. 42 USC Chapter 114 - Protection and Advocacy for Individuals with Mental Illness42 USC § 10801 et seq., Protection and Advocacy for Mentally Ill Individuals Act

13. 42 USC Chapter 126 - Equal Opportunities for Individuals with Disabilities Act42 USC § 12101 et seq., The Americans with Disabilities Act (ADA)

Title II, Public Services (courts etc., State of Florida)Title III, Public Accommodations and Services by Private EntitiesTitle IV, Miscellaneous Provisions, state immunity, retaliation, atty. fees, etc.

14. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1981, Equal rights under the law

15. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1982, Property rights of citizens

16. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1983, Civil action for deprivation of rights

17. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1985, Conspiracy to interfere with civil rights

18. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1986, Action for neglect to prevent

19. 42 USC Chapter 21 - CIVIL RIGHTS, Subchapter I42 USC § 1988, Proceedings in vindication of civil rights

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UNITED STATES CONSTITUTIONAL PROVISIONS INVOLVED

U.S. Const. art. I, § 8, The Commerce Clause (and dormant doctrine)

[The Congress shall have Power] To regulate Commerce with foreign Nations,and among the several States, and with the Indian tribes;

U.S. Const. amend. I

Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof; or abridging the freedom of speech, or of thepress; or the right of the people peaceably to assemble, and to petition theGovernment for a redress of grievances.

U.S. Const. amend. IV

The right of the people to be secure in their persons, houses, papers, andeffects, against unreasonable searches and seizures, shall not be violated, and noWarrants shall issue, but upon probable cause, supported by Oath or affirmation,and particularly describing the place to be searched, and the persons or things tobe seized.

U.S. Const. amend. V

No person shall be held to answer for a capital, or otherwise infamous crime,unless on a presentment or indictment of a Grand Jury, except in cases arising inthe land or naval forces, or in the Militia, when in actual service in time of War orpublic danger; nor shall any person be subject for the same offense to be twice putin jeopardy of life or limb; nor shall be compelled in any criminal case to be awitness against himself, nor be deprived of life, liberty, or property, without dueprocess of law; nor shall private property be taken for public use, without justcompensation

U.S. Const. amend. VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy andpublic trial, by an impartial jury of the State and district wherein the crime shallhave been committed, which district shall have been previously ascertained bylaw, and to be informed of the nature and cause of the accusation; to beconfronted with the witnesses against him; to have compulsory process forobtaining witnesses in his favor, and to have the Assistance of Counsel for hisdefence.

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U.S. Const. amend. VII

In Suits at common law, where the value in controversy shall exceed twentydollars, the right of trial by jury shall be preserved, and no fact tried by a jury,shall be otherwise re-examined in any Court of the United States, than accordingto the rules of the common law.

U.S. Const. amend. VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel andunusual punishments inflicted.

U.S. Const. amend. IX

The enumeration in the Constitution, of certain rights, shall not be construed todeny or disparage others retained by the people.

U.S. Const. amend. X

The powers not delegated to the United States by the Constitution, nor prohibitedby it to the States, are reserved to the States respectively, or to the people.

U.S. Const. amend. XI

The Judicial power of the United States shall not be construed to extend to anysuit in law or equity, commenced or prosecuted against one of the United Statesby Citizens of another State, or by Citizens or Subjects of any Foreign State.

U.S. Const. amend. XIV

Citizenship Clause, Due Process Clause, Equal Protection Clause

Section 1. All persons born or naturalized in the United States, and subject to thejurisdiction thereof, are citizens of the United States and of the State wherein theyreside. No State shall make or enforce any law which shall abridge the privilegesor immunities of citizens of the United States; nor shall any State deprive anyperson of life, liberty, or property, without due process of law; nor deny to anyperson within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several Statesaccording to their respective numbers, counting the whole number of persons ineach State, excluding Indians not taxed. But when the right to vote at any electionfor the choice of electors for President and Vice President of the United States,Representatives in Congress, the Executive and Judicial officers of a State, or themembers of the Legislature thereof, is denied to any of the male inhabitants ofsuch State, being twenty-one years of age, and citizens of the United States, or in

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any way abridged, except for participation in rebellion, or other crime, the basisof representation therein shall be reduced in the proportion which the number ofsuch male citizens shall bear to the whole number of male citizens twenty-oneyears of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or electorof President and Vice President, or hold any office, civil or military, under theUnited States, or under any State, who, having previously taken an oath, as amember of Congress, or as an officer of the United States, or as a member of anyState legislature, or as an executive or judicial officer of any State, to support theConstitution of the United States, shall have engaged in insurrection or rebellionagainst the same, or given aid or comfort to the enemies thereof. But Congressmay, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law,including debts incurred for payment of pensions and bounties for services insuppressing insurrection or rebellion, shall not be questioned. But neither theUnited States nor any State shall assume or pay any debt or obligation incurred inaid of insurrection or rebellion against the United States, or any claim for the lossor emancipation of any slave; but all such debts, obligations and claims shall beheld illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation,the provisions of this article.

No: _______________________

IN THE



VS.





State of Florida Provisions Involved

1. Provisions of the Constitution of the State of Florida Involved

Fla. Const. art. 1, § 2. Basic rights Fla. Const. art. 1, § 17. Excessive punishmentsFla. Const. art. 1, § 9. Due process Fla. Const. art. 1, § 21. Access to courts

Florida Rules of Court Involved

The Rules Regulating The Florida Bar Florida Rules of Civil ProcedureFla. Sup.Ct. Manual Internal Operating P Florida Rules of Appellate ProcedureThe Florida Code of Judicial Conduct Florida Rules of Judicial Administration

Florida Statutes Involved

2. Fla. Stat. § 784.048(2) Stalking (criminal harassment)

3. Fla. Stat. §§ 768.16 to 768.26, The Florida Wrongful Death Act.

4. Fla. Stat. § 825.01 et seq., Abuse, Neglect, and Exploitation of Elderly Persons andDisabled Adults

Provisions of the Constitution of the State of Florida Involved

Fla. Const. art. 1, § 2. Basic rights. All natural persons, female and male alike, are equalbefore the law and have inalienable rights, among which are the right to enjoy and defendlife and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possessand protect property; except that the ownership, inheritance, disposition and possessionof real property by aliens ineligible for citizenship may be regulated or prohibited by law.No person shall be deprived of any right because of race, religion, national origin, orphysical disability.

Fla. Const. art. 1, § 9. Due process. No person shall be deprived of life, liberty orproperty without due process of law, or be twice put in jeopardy for the same offense, orbe compelled in any criminal matter to be a witness against oneself.

Fla. Const. art. 1, § 17. Excessive punishments. Excessive fines, cruel and unusualpunishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonabledetention of witnesses are forbidden. The death penalty is an authorized punishment forcapital crimes designated by the legislature. The prohibition against cruel or unusualpunishment, and the prohibition against cruel and unusual punishment, shall be construedin conformity with decisions of the United States Supreme Court which interpret theprohibition against cruel and unusual punishment provided in the Eighth Amendment tothe United States Constitution. Any method of execution shall be allowed, unlessprohibited by the United States Constitution. Methods of execution may be designated bythe legislature, and a change in any method of execution may be applied retroactively. Asentence of death shall not be reduced on the basis that a method of execution is invalid.In any case in which an execution method is declared invalid, the death sentence shallremain in force until the sentence can be lawfully executed by any valid method. Thissection shall apply retroactively.

Fla. Const. art. 1, § 21. Access to courts. The courts shall be open to every person forredress of any injury, and justice shall be administered without sale, denial or delay.

Select Year:

The 2012 Florida Statutes

Title XLVICRIMES

Chapter 784ASSAULT; BATTERY; CULPABLE NEGLIGENCE

View Entire Chapter

784.048 Stalking; definitions; penalties.—(1) As used in this section, the term:(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial

emotional distress to that person and serves no legitimate purpose.(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time,

however short, which evidences a continuity of purpose. The term does not include constitutionally protectedactivity such as picketing or other organized protests.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threatsdelivered by electronic communication or implied by a pattern of conduct, which places the person who is thetarget of the threat in reasonable fear for his or her safety or the safety of his or her family members orindividuals closely associated with the person, and which is made with the apparent ability to carry out thethreat to cause such harm. It is not necessary to prove that the person making the threat had the intent toactually carry out the threat. The present incarceration of the person making the threat is not a bar toprosecution under this section.

(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to becommunicated, words, images, or language by or through the use of electronic mail or electroniccommunication, directed at a specific person, causing substantial emotional distress to that person andserving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another personcommits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person andmakes a credible threat to that person commits the offense of aggravated stalking, a felony of the thirddegree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or datingviolence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s.741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’sproperty, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another personcommits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082,s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as providedin s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable causeto believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and

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prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedlyfollows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the thirddegree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for aconviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining thedefendant from any contact with the victim, which may be valid for up to 10 years, as determined by thecourt. It is the intent of the Legislature that the length of any such order be based upon the seriousness of thefacts before the court, the probability of future violations by the perpetrator, and the safety of the victim andhis or her family members or individuals closely associated with the victim.

(b) The order may be issued by the court even if the defendant is sentenced to a state prison or a countyjail or even if the imposition of the sentence is suspended and the defendant is placed on probation.

History.—s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27; s. 23, ch. 2002-55; s. 1, ch. 2003-23; s. 3, ch.2004-17; s. 3, ch. 2004-256; s. 17, ch. 2008-172; s. 2, ch. 2012-153.

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other breach of the applicable streetlight agreement or upon termination of the applicable streetlightagreement. In no event shall a public utility or electric utility be liable or held liable for civil damages forpersonal injury, wrongful death, or property damage under any circumstance affected or caused by the design,layout, quantity, or placement of streetlights or level of illumination resulting from the proper operation of astreetlight or series of streetlights.

(5) In any civil action for damages arising out of personal injury, wrongful death, or property damage whena streetlight provider’s fault regarding the provision or maintenance of streetlights is at issue, if thestreetlight provider responsible for providing or maintaining the streetlights is immune from liability pursuantto this section or is not a party to the litigation, such streetlight provider may not be named on the juryverdict form or be deemed or found in such action to be in any way at fault or responsible for the injury ordeath or damage that gave rise to the damages.

(6) In no event shall a streetlight provider’s noncompliance with the provisions of subsection (3) create apresumption of negligence on the part of the streetlight provider in any civil action for damages arising out ofpersonal injury, wrongful death, or property damage.

(7) In the event that there is any conflict between this section and s. 768.81, or any other section of theFlorida Statutes, this section shall control. Further, nothing in this section shall impact or waive any provisionof s. 768.28.

History.—s. 1, ch. 2005-272.

768.14 Suit by state; waiver of sovereign immunity.—Suit by the state or any of its agencies orsubdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability and suitfor damages in tort to the extent of permitting the defendant to counterclaim for damages resulting from thesame transaction or occurrence.

History.—s. 1, ch. 67-2204.

768.16 Wrongful Death Act.—Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.

768.17 Legislative intent.—It is the public policy of the state to shift the losses resulting when wrongfuldeath occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial andshall be liberally construed.

History.—s. 1, ch. 72-35; s. 106, ch. 2003-1.

768.18 Definitions.—As used in ss. 768.16-768.26:(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on

the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes thechild born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father hasrecognized a responsibility for the child’s support.

(2) “Minor children” means children under 25 years of age, notwithstanding the age of majority.(3) “Support” includes contributions in kind as well as money.(4) “Services” means tasks, usually of a household nature, regularly performed by the decedent that will

be a necessary expense to the survivors of the decedent. These services may vary according to the identity ofthe decedent and survivor and shall be determined under the particular facts of each case.

(5) “Net accumulations” means the part of the decedent’s expected net business or salary income,including pension benefits, that the decedent probably would have retained as savings and left as part of heror his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is thepart of the decedent’s probable gross income after taxes, excluding income from investments continuingbeyond death, that remains after deducting the decedent’s personal expenses and support of survivors,

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excluding contributions in kind.History.—s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102;

s. 107, ch. 2003-1.

768.19 Right of action.—When the death of a person is caused by the wrongful act, negligence, default,or breach of contract or warranty of any person, including those occurring on navigable waters, and the eventwould have entitled the person injured to maintain an action and recover damages if death had not ensued,the person or watercraft that would have been liable in damages if death had not ensued shall be liable fordamages as specified in this act notwithstanding the death of the person injured, although death was causedunder circumstances constituting a felony.

History.—s. 1, ch. 72-35.

768.20 Parties.—The action shall be brought by the decedent’s personal representative, who shallrecover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused bythe injury resulting in death. When a personal injury to the decedent results in death, no action for thepersonal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’spersonal representative shall be the defendant if the wrongdoer dies before or pending the action. A defensethat would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against thesurvivor, but shall not affect the recovery of any other survivor.

History.—s. 1, ch. 72-35; s. 1168, ch. 97-102.

768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’sestate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damagesmay be awarded as follows:

(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injuryto her or his death, with interest, and future loss of support and services from the date of death and reducedto present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, theamount of the decedent’s probable net income available for distribution to the particular survivor, and thereplacement value of the decedent’s services to the survivor may be considered. In computing the duration offuture losses, the joint life expectancies of the survivor and the decedent and the period of minority, in thecase of healthy minor children, may be considered.

(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and formental pain and suffering from the date of injury.

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, mayalso recover for lost parental companionship, instruction, and guidance and for mental pain and suffering fromthe date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as aresult of the same wrongful act or series of acts arising out of the same incident, each spouse is considered tohave been predeceased by the other.

(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date ofinjury. Each parent of an adult child may also recover for mental pain and suffering if there are no othersurvivors.

(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor whohas paid them.

(6) The decedent’s personal representative may recover for the decedent’s estate the following:(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of

survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of anestate, which might reasonably have been expected but for the wrongful death, reduced to present moneyvalue, may also be recovered:


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1. If the decedent’s survivors include a surviving spouse or lineal descendants; or2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services

recoverable under subsection (1), and there is a surviving parent.(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against

her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable undersubsection (5).

(c) Evidence of remarriage of the decedent’s spouse is admissible.(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the

requirements of probate law concerning claims.(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages

specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims formedical negligence as defined by s. 766.106(1).

History.—s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch.2003-416.

768.22 Form of verdict.—The amounts awarded to each survivor and to the estate shall be statedseparately in the verdict.


768.23 Protection of minors and incompetents.—The court shall provide protection for any amountawarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.


768.24 Death of a survivor before judgment.—A survivor’s death before final judgment shall limit thesurvivor’s recovery to lost support and services to the date of his or her death. The personal representativeshall pay the amount recovered to the personal representative of the deceased survivor.

History.—s. 1, ch. 72-35; s. 1170, ch. 97-102.

768.25 Court approval of settlements.—While an action under this act is pending, no settlement as toamount or apportionment among the beneficiaries which is objected to by any survivor or which affects asurvivor who is a minor or an incompetent shall be effective unless approved by the court.


768.26 Litigation expenses.—Attorneys’ fees and other expenses of litigation shall be paid by thepersonal representative and deducted from the awards to the survivors and the estate in proportion to theamounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall bepaid from their awards.


768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees;statute of limitations; exclusions; indemnification; risk management programs.—

(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies orsubdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in thisact. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort formoney damages against the state or its agencies or subdivisions for injury or loss of property, personal injury,or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivisionwhile acting within the scope of the employee’s office or employment under circumstances in which the stateor such agency or subdivision, if a private person, would be liable to the claimant, in accordance with thegeneral laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action


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Select Year:


TitleXLVI

CRIMES

Chapter 825ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND

DISABLED ADULTS

View EntireChapter

CHAPTER 825ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

825.101 Definitions.825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabledperson.825.103 Exploitation of an elderly person or disabled adult; penalties.825.104 Knowledge of victim’s age.825.105 Good faith assistance.825.106 Criminal actions involving elderly persons or disabled adults; speedy trial.

825.101 Definitions.—As used in this chapter:(1) “Business relationship” means a relationship between two or more individuals or entities where there

exists an oral or written contract or agreement for goods or services.(2) “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or

the property of an elderly person or disabled adult. “Caregiver” includes, but is not limited to, relatives,court-appointed or voluntary guardians, adult household members, neighbors, health care providers, andemployees and volunteers of facilities as defined in subsection (7).

(3) “Deception” means:(a) Misrepresenting or concealing a material fact relating to:1. Services rendered, disposition of property, or use of property, when such services or property are

intended to benefit an elderly person or disabled adult;2. Terms of a contract or agreement entered into with an elderly person or disabled adult; or3. An existing or preexisting condition of any property involved in a contract or agreement entered into

with an elderly person or disabled adult; or(b) Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit

an elderly person or disabled adult to enter into a contract or agreement.(4) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or

mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who hasone or more physical or mental limitations that restrict the person’s ability to perform the normal activities ofdaily living.

(5) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of agingas manifested by advanced age or organic brain damage, or other physical, mental, or emotionaldysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care orprotection is impaired.


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(6) “Endeavor” means to attempt or try.(7) “Facility” means any location providing day or residential care or treatment for elderly persons or

disabled adults. The term “facility” may include, but is not limited to, any hospital, training center, stateinstitution, nursing home, assisted living facility, adult family-care home, adult day care center, group home,mental health treatment center, or continuing care community.

(8) “Intimidation” means the communication by word or act to an elderly person or disabled adult that theelderly person or disabled adult will be deprived of food, nutrition, clothing, shelter, supervision, medicine,medical services, money, or financial support or will suffer physical violence.

(9) “Lacks capacity to consent” means an impairment by reason of mental illness, developmentaldisability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication,short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficientunderstanding or capacity to make or communicate reasonable decisions concerning the elderly person’s ordisabled adult’s person or property.

(10) “Obtains or uses” means any manner of:(a) Taking or exercising control over property; or(b) Making any use, disposition, or transfer of property.(11) “Position of trust and confidence” with respect to an elderly person or a disabled adult means the

position of a person who:(a) Is a parent, spouse, adult child, or other relative by blood or marriage of the elderly person or disabled

adult;(b) Is a joint tenant or tenant in common with the elderly person or disabled adult;(c) Has a legal or fiduciary relationship with the elderly person or disabled adult, including, but not limited

to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;(d) Is a caregiver of the elderly person or disabled adult; or(e) Is any other person who has been entrusted with or has assumed responsibility for the use or

management of the elderly person’s or disabled adult’s funds, assets, or property.(12) “Property” means anything of value and includes:(a) Real property, including things growing on, affixed to, and found in land.(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.(c) Services.(13) “Services” means anything of value resulting from a person’s physical or mental labor or skill, or from

the use, possession, or presence of property, and includes:(a) Repairs or improvements to property.(b) Professional services.(c) Private, public, or governmental communication, transportation, power, water, or sanitation services.(d) Lodging accommodations.(e) Admissions to places of exhibition or entertainment.(14) “Value” means value determined according to any of the following:(a)1. The market value of the property at the time and place of the offense or, if the market value cannot

be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the offense.2. In the case of a written instrument such as a check, draft, or promissory note, which does not have a

readily ascertainable market value, the value is the amount due or collectible. The value of any otherinstrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, orobligation is the greatest amount of economic loss that the owner of the instrument might reasonably suffer bythe loss of the instrument.

3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable


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value representing the damage to the owner suffered by reason of losing advantage over those who do notknow of or use the trade secret.

(b) If the value of the property cannot be ascertained, the trier of fact may find the value to be not lessthan a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.

(c) Amounts of value of separate properties involved in exploitation committed pursuant to one scheme orcourse of conduct, whether the exploitation involves the same person or several persons, may be aggregatedin determining the degree of the offense.

History.—s. 2, ch. 95-158; s. 1, ch. 96-322; s. 1, ch. 2002-195.

825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.—(1) “Abuse of an elderly person or disabled adult” means:(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an

elderly person or disabled adult; or(c) Active encouragement of any person to commit an act that results or could reasonably be expected to

result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodilyharm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits afelony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:(a) Commits aggravated battery on an elderly person or disabled adult;(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled

adult; or(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily

harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the firstdegree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) “Neglect of an elderly person or disabled adult” means:1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care,

supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mentalhealth, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medicalservices that a prudent person would consider essential for the well-being of the elderly person or disabledadult; or

2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult fromabuse, neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident oromission that results in, or could reasonably be expected to result in, serious physical or psychological injury,or a substantial risk of death, to an elderly person or disabled adult.

(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in sodoing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person ordisabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.

(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult withoutcausing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabledadult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


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825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person ordisabled person.—

(1) As used in this section, “sexual activity” means the oral, anal, or vaginal penetration by, or union with,the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexualactivity does not include an act done for a bona fide medical purpose.

(2)(a) “Lewd or lascivious battery upon an elderly person or disabled person” occurs when a personencourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexualbestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably shouldknow that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.

(b) A person who commits lewd or lascivious battery upon an elderly person or disabled person commits afelony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) “Lewd or lascivious molestation of an elderly person or disabled person” occurs when a personintentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or theclothing covering them, of an elderly person or disabled person when the person knows or reasonably shouldknow that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.

(b) A person who commits lewd or lascivious molestation of an elderly person or disabled person commits afelony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)(a) “Lewd or lascivious exhibition in the presence of an elderly person or disabled person” occurs whena person, in the presence of an elderly person or disabled person:

1. Intentionally masturbates;2. Intentionally exposes his or her genitals in a lewd or lascivious manner; or3. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual

contact with the elderly person or disabled person, including but not limited to, sadomasochistic abuse, sexualbestiality, or the simulation of any act involving sexual activity,

when the person knows or reasonably should know that the elderly person or disabled person either lacks thecapacity to consent or fails to give consent to having such act committed in his or her presence.

(b) A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabledperson commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 96-322; s. 1, ch. 2002-159.

825.103 Exploitation of an elderly person or disabled adult; penalties.—(1) “Exploitation of an elderly person or disabled adult” means:(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly

person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprivethe elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or tobenefit someone other than the elderly person or disabled adult, by a person who:

1. Stands in a position of trust and confidence with the elderly person or disabled adult; or2. Has a business relationship with the elderly person or disabled adult;(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly

person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprivethe elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or tobenefit someone other than the elderly person or disabled adult, by a person who knows or reasonably shouldknow that the elderly person or disabled adult lacks the capacity to consent; or

(c) Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian or agentunder a power of attorney which results in an unauthorized appropriation, sale, or transfer of property.


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(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult isvalued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult isvalued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree,punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult isvalued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 95-158; s. 5, ch. 96-322; s. 1, ch. 97-78; s. 29, ch. 2009-223.

825.104 Knowledge of victim’s age.—It does not constitute a defense to a prosecution for any violationof this chapter that the accused did not know the age of the victim.

History.—s. 5, ch. 95-158.

825.105 Good faith assistance.—This chapter is not intended to impose criminal liability on a personwho makes a good faith effort to assist an elderly person or disabled adult in the management of the funds,assets, or property of the elderly person or disabled adult, which effort fails through no fault of the person.

History.—s. 6, ch. 95-158; s. 6, ch. 96-322.

825.106 Criminal actions involving elderly persons or disabled adults; speedy trial.—In a criminalaction in which an elderly person or disabled adult is a victim, the state may move the court to advance thetrial on the docket. The presiding judge, after consideration of the age and health of the victim, may advancethe trial on the docket. The motion may be filed and served with the information or charges or at any timethereafter.

History.—s. 7, ch. 95-158.



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No: _______________________

IN THE



VS.





This petition draws into question the constitutionality of certain Florida Statutes:

1. Constitutional challenge, Fla. Stat., sec. 454.021 Attorneys; admission to practice law;Supreme Court to govern and regulate.

2. Constitutional challenge, Fla. Stat., sec. 25.382 State courts system.

3. Constitutional challenge, Fla. Stat., sec. 43.20 Judicial Qualifications Commission.

4. Constitutional challenge, Fla. Stat., sec. 43.291 Judicial nominating commissions.

5. Constitutional challenge, Fla. Stat., sec. 38.01 et seq., Disqualification of judges

6. Constitutional challenge, Fla. Stat., sec. 57.105, award attorney’s fees against pro se.

7. Constitutional challenge, Fla. Stat., sec. 27.52 appointment of counsel, to include disabled

8. Constitutional challenge, Fla. Stat., sec. 934.01 et seq., Security of Communications

Select Year:


Title XXXIIREGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 454ATTORNEYS AT LAW

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454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate.—(1) Admissions of attorneys and counselors to practice law in the state is hereby declared to be a judicial

function.(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and

regulate admissions of attorneys and counselors to practice law in said state.History.—ss. 1, 2, 7, ch. 29796, 1955; s. 10, ch. 61-530.



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Select Year:


Title VJUDICIAL BRANCH

Chapter 25SUPREME COURT

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25.382 State courts system.—(1) As used in this section, “state courts system” means all officers, employees, and divisions of the

Supreme Court, district courts of appeal, circuit courts, and county courts.(2) It is declared and determined that the officers, employees, committees, and divisions of the state

courts system of the judicial branch are and shall continue to be officers, employees, committees, anddivisions of the state courts system to perform such services as may be provided by the State Constitution, bylaw, by rules of practice and procedure adopted by the Supreme Court, or by administrative order of the ChiefJustice, whichever is applicable.

(3) The manner of selection of employees, the determination of qualifications and compensation, and theestablishment of policies relating to the work of such employees, including hours of work, leave, and othermatters, shall be determined by rule of the Supreme Court as provided in s. 2(a), Art. V of the StateConstitution.

(4) The Supreme Court shall ensure that clearly written policies, procedures, and goals for therecruitment, selection, promotion, and retention of minorities, including minority women, are establishedthroughout all levels of the judicial system. An annual report shall be submitted to the Chief Justice outliningprogress, problems, and corrective actions relating to the implementation of this plan.




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Chapter 43COURTS: GENERAL PROVISIONS

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43.20 Judicial Qualifications Commission.—(1) PURPOSE.—The purpose of this section is to implement s. 12(b), Art. V of the State Constitution which

provides for a Judicial Qualifications Commission.(2) MEMBERSHIP; TERMS.—The commission shall consist of 13 members. The members of the commission

shall serve for terms of 6 years.(3) VACANCIES.—An appointment to fill a vacancy shall be for the remainder of the term.(4) SELECTION OF MEMBERS BY DISTRICT COURTS OF APPEAL JUDGES, CIRCUIT COURT JUDGES, COUNTY

COURT JUDGES AND BOARD OF GOVERNORS OF THE FLORIDA BAR.—The members appointed by the judges ofthe district courts of appeal, the circuit judges, the county court judges, and the Board of Governors of TheFlorida Bar shall be selected by not less than a majority of the membership of the respective appointinggroups.

(5) EXPENSES.—The compensation of members and referees shall be the travel expense or transportationand per diem allowance provided by s. 112.061.

History.—ss. 1, 2, 3, 4, ch. 67-163; s. 1, ch. 73-306; s. 34, ch. 81-259.



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Chapter 43COURTS: GENERAL PROVISIONS

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43.291 Judicial nominating commissions.—(1) Each judicial nominating commission shall be composed of the following members:(a) Four members of The Florida Bar, appointed by the Governor, who are engaged in the practice of law,

each of whom is a resident of the territorial jurisdiction served by the commission to which the member isappointed. The Board of Governors of The Florida Bar shall submit to the Governor three recommendednominees for each position. The Governor shall select the appointee from the list of nominees recommendedfor that position, but the Governor may reject all of the nominees recommended for a position and requestthat the Board of Governors submit a new list of three different recommended nominees for that position whohave not been previously recommended by the Board of Governors.

(b) Five members appointed by the Governor, each of whom is a resident of the territorial jurisdictionserved by the commission to which the member is appointed, of which at least two are members of TheFlorida Bar engaged in the practice of law.

(2) A justice or judge may not be a member of a judicial nominating commission. A member of a judicialnominating commission may hold public office other than judicial office. A member of a judicial nominatingcommission is not eligible for appointment, during his or her term of office and for a period of 2 yearsthereafter, to any state judicial office for which that commission has the authority to make nominations. Allacts of a judicial nominating commission must be made with a concurrence of a majority of its members.

(3) Notwithstanding any other provision of this section, each current member of a judicial nominatingcommission appointed directly by the Board of Governors of The Florida Bar shall serve the remainder of his orher term, unless removed for cause. The terms of all other members of a judicial nominating commission arehereby terminated, and the Governor shall appoint new members to each judicial nominating commission inthe following manner:

(a) Two appointments for terms ending July 1, 2002, one of which shall be an appointment selected fromnominations submitted by the Board of Governors of The Florida Bar pursuant to paragraph (1)(a);

(b) Two appointments for terms ending July 1, 2003; and(c) Two appointments for terms ending July 1, 2004.

Every subsequent appointment, except an appointment to fill a vacant, unexpired term, shall be for 4 years.Each expired term or vacancy shall be filled by appointment in the same manner as the member whoseposition is being filled.

(4) In making an appointment, the Governor shall seek to ensure that, to the extent possible, themembership of the commission reflects the racial, ethnic, and gender diversity, as well as the geographicdistribution, of the population within the territorial jurisdiction of the court for which nominations will beconsidered. The Governor shall also consider the adequacy of representation of each county within the judicialcircuit.

(5) A member of a judicial nominating commission may be suspended for cause by the Governor pursuantto uniform rules of procedure established by the Executive Office of the Governor consistent with s. 7 of Art.


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IV of the State Constitution.(6) A quorum of the judicial nominating commission is necessary to take any action or transact any

business. For purposes of this section, a quorum consists of a majority of commission members currentlyappointed.

(7) The Executive Office of the Governor shall provide all administrative support for each judicialnominating commission. The Executive Office of the Governor shall adopt rules necessary to administer thissection.

History.—s. 1, ch. 2001-282.



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Select Year:



Chapter 38JUDGES: GENERAL PROVISIONS

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CHAPTER 38JUDGES: GENERAL PROVISIONS

38.01 Disqualification when judge party; effect of attempted judicial acts.38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect.38.03 Waiver of grounds of disqualification by parties.38.04 Sworn statement by judge holding himself or herself qualified.38.05 Disqualification of judge on own motion.38.06 Effect of acts where judge fails to disqualify himself or herself.38.07 Effect of orders entered prior to disqualification; petition for reconsideration.38.08 Effect of orders where petition for reconsideration not filed.38.09 Designation of judge to hear cause when order of disqualification entered.38.10 Disqualification of judge for prejudice; application; affidavits; etc.38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.38.13 Judge ad litem; when may be selected in the circuit or county court.38.22 Power to punish contempts.38.23 Contempts defined.

38.01 Disqualification when judge party; effect of attempted judicial acts.—Every judge of this statewho appears of record as a party to any cause before him or her shall be disqualified to act therein, and shallforthwith enter an order declaring himself or herself to be disqualified in said cause. Any and all attemptedjudicial acts by any judge so disqualified in a cause, whether done inadvertently or otherwise, shall be utterlynull and void and of no effect. No judge shall be disqualified from sitting in the trial of any suit in which anycounty or municipal corporation is a party by reason that such judge is a resident or taxpayer within suchcounty or municipal corporation.

History.—s. 2, ch. 16053, 1933; CGL 1936 Supp. 4155(1); s. 1, ch. 59-43; s. 205, ch. 95-147.

38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect.—In any cause inany of the courts of this state any party to said cause, or any person or corporation interested in the subjectmatter of such litigation, may at any time before final judgment, if the case be one at law, and at any timebefore final decree, if the case be one in chancery, show by a suggestion filed in the cause that the judgebefore whom the cause is pending, or some person related to said judge by consanguinity or affinity within thethird degree, is a party thereto, or is interested in the result thereof, or that said judge is related to anattorney or counselor of record in said cause by consanguinity or affinity within the third degree, or that saidjudge is a material witness for or against one of the parties to said cause, but such an order shall not besubject to collateral attack. Such suggestions shall be filed in the cause within 30 days after the party filingthe suggestion, or the party’s attorney, or attorneys, of record, or either of them, learned of such


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disqualification, otherwise the ground, or grounds, of disqualification shall be taken and considered as waived.If the truth of any suggestion appear from the record in said cause, the said judge shall forthwith enter anorder reciting the filing of the suggestion, the grounds of his or her disqualification, and declaring himself orherself to be disqualified in said cause. If the truth of any such suggestion does not appear from the record insaid cause, the judge may by order entered therein require the filing in the cause of affidavits touching thetruth or falsity of such suggestion. If the judge finds that the suggestion is true, he or she shall forthwith enteran order reciting the ground of his or her disqualification and declaring himself or herself disqualified in thecause; if the judge finds that the suggestion is false, he or she shall forthwith enter the order so reciting anddeclaring himself or herself to be qualified in the cause. Any such order declaring a judge to be disqualifiedshall not be subject to collateral attack nor shall it be subject to review. Any such order declaring a judgequalified shall not be subject to collateral attack but shall be subject to review by the court having appellatejurisdiction of the cause in connection with which the order was entered.

History.—s. 3, ch. 16053, 1933; CGL 1936 Supp. 4155(2); s. 1, ch. 26890, 1951; s. 6, ch. 63-559; s. 206, ch. 95-147.

38.03 Waiver of grounds of disqualification by parties.—The parties to any cause, or their attorneys ofrecord, may, by written stipulation filed in the cause, waive any of the grounds of disqualification named in s.38.02 and such waiver shall be valid and binding as to orders previously entered as well as to future acts of thejudge therein; provided, however, that nothing herein shall prevent a judge from disqualifying himself orherself of his or her own motion under s. 38.05.

History.—s. 4, ch. 16053, 1933; CGL 1936 Supp. 4155(3); s. 207, ch. 95-147.

38.04 Sworn statement by judge holding himself or herself qualified.—Whenever any judge shallenter an order under s. 38.02 declaring qualification to act in said cause, he or she shall contemporaneouslytherewith file therein a sworn statement that to the best of his or her knowledge and belief the ground orgrounds of the disqualification named in the suggestion do not exist.


38.05 Disqualification of judge on own motion.—Any judge may of his or her own motion disqualifyhimself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification,as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall notbe assignable as error or subject to review.

History.—s. 6, ch. 16053, 1933; CGL 1936 Supp. 4155(5); s. 6, ch. 63-559; s. 209, ch. 95-147.

38.06 Effect of acts where judge fails to disqualify himself or herself.—In any cause where thegrounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but nosuggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judgeshall be valid. Where, on a suggestion of disqualification the judge enters an order declaring himself or herselfqualified, the orders, judgments, and decrees entered therein by the said judge shall not be void and shall notbe subject to collateral attack.


38.07 Effect of orders entered prior to disqualification; petition for reconsideration.—When ordershave been entered in any cause by a judge prior to the entry of any order of disqualification under s. 38.02 ors. 38.05, any party to the cause may, within 30 days after the filing in the cause of the order of the chief judgeof the circuit or the Chief Justice of the Supreme Court, as provided for in s. 38.09, petition the judge sodesignated for a reconsideration of the orders entered by the disqualified judge prior to the date of the entryof the order of disqualification. Such a petition shall set forth with particularity the matters of law or fact tobe relied upon as grounds for the modification or vacation of the orders. Such a petition shall be granted as amatter of right. Upon the granting of the petition, notice of the time and place of the hearing thereon,


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together with a copy of the petition, shall be mailed by the attorney, or attorneys, of record for thepetitioners to the other attorney or attorneys of record, or to the party or parties if they have no attorneys ofrecord. This notice shall be mailed at least 8 days prior to the date fixed by the judge for the hearing. Thejudge before whom the cause is then pending may, after the hearing, affirm, approve, confirm, reenter,modify, or vacate the orders.

History.—s. 8, ch. 16053, 1933; CGL 1936 Supp. 4155(7); s. 10, ch. 63-572; s. 30, ch. 81-259; s. 1, ch. 83-260.

38.08 Effect of orders where petition for reconsideration not filed.—If no petition for reconsiderationis filed, as provided for in s. 38.07, all orders entered by the disqualified judge prior to the entry of the orderof disqualification shall be as binding and valid as if said orders had been duly entered by a qualified judgeauthorized to act in the cause. The fact that an order was entered by a judge who is subsequently disqualifiedunder s. 38.02 or s. 38.05, shall not be assignable as error subject to review by the appropriate appellate courtunless a petition for reconsideration as provided for in s. 38.07, was filed by the party urging the matter aserror, and the judge before whom the cause was then pending refused to vacate or modify said order.


38.09 Designation of judge to hear cause when order of disqualification entered.—Every judge of thisstate shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order ofassignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event anyjudge is disqualified as herein provided, upon application for any temporary writ of injunction or habeascorpus, the judge shall immediately enter an order of disqualification, whereupon the cause may be presentedto any other judge of a court of the same jurisdiction as the court in which that cause is pending; and it shallbe the duty of any such judge to hear and determine such matters until a substitute judge is so designated.

History.—s. 10, ch. 16053, 1933; CGL 1936 Supp. 4155(9)81s. 11, ch. 63-572; s. 20, ch. 73-333; s. 2, ch. 83-260; s. 211, ch.95-147.

38.10 Disqualification of judge for prejudice; application; affidavits; etc.—Whenever a party to anyaction or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in thecourt where the suit is pending on account of the prejudice of the judge of that court against the applicant orin favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in themanner prescribed by the laws of this state for the substitution of judges for the trial of causes in which thepresiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that anysuch bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavitand application are made in good faith. However, when any party to any action has suggested thedisqualification of a trial judge and an order has been made admitting the disqualification of such judge andanother judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, thejudge so assigned and transferred is not disqualified on account of alleged prejudice against the party makingthe suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that itis then a fact that he or she does not stand fair and impartial between the parties. If such judge holds, rules,and adjudges that he or she does stand fair and impartial as between the parties and their respectiveinterests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed topreside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewedas are other rulings of the trial court.

History.—s. 4, ch. 7852, 1919; RGS 2674; s. 1, ch. 9276, 1923; CGL 4341; s. 3, ch. 83-260; s. 212, ch. 95-147.

38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Uponthe resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard anddetermined by the judge’s successor, and parties making any motion before such judge shall suffer no


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detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation orimpeachment, shall file all papers pending before them with the clerk of the court in which the cause ispending; and the executor or administrator of any judge who dies pending any matter before him or her shallfile all papers found among the papers of his or her intestate or testator with the said clerk.

History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch.95-147.

38.13 Judge ad litem; when may be selected in the circuit or county court.—When, from any cause,the judge of a circuit or county court is disqualified from presiding in any civil case, the parties may agreeupon an attorney at law, which agreement shall be entered upon the record of said cause, who shall be judgead litem and shall preside over the trial of, and make orders in, said case as if he or she were the judge of thecourt. Nothing in this section shall prevent the parties from transferring the cause to another circuit or countycourt, as the case may be.

History.—s. 1, ch. 3713, 1887; RS 974; GS 1344; RGS 2533; CGL 4160; s. 7, ch. 22858, 1945; s. 4, ch. 73-334; s. 213, ch. 95-147.

38.22 Power to punish contempts.—Every court may punish contempts against it whether suchcontempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear anddetermine all questions of law and fact.

History.—s. 1, Nov. 23, 1828; RS 975; GS 1345; RGS 2534; CGL 4161; s. 1, ch. 23004, 1945; s. 4, ch. 73-334.

38.23 Contempts defined.—A refusal to obey any legal order, mandate or decree, made or given by anyjudge either in term time or in vacation relative to any of the business of said court, after due notice thereof,shall be considered a contempt, and punished accordingly. But nothing said or written, or published, invacation, to or of any judge, or of any decision made by a judge, shall in any case be construed to be acontempt.

History.—s. 2, Nov. 23, 1828; RS 976; GS 1346; RGS 2535; CGL 4162.



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Title VICIVIL PRACTICE AND PROCEDURE

Chapter 57COURT COSTS

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57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service ofmotions; damages for delay of litigation.—

(1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee,including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and thelosing party’s attorney on any claim or defense at any time during a civil proceeding or action in which thecourt finds that the losing party or the losing party’s attorney knew or should have known that a claim ordefense when initially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish the claim or defense; or(b) Would not be supported by the application of then-existing law to those material facts.(2) At any time in any civil proceeding or action in which the moving party proves by a preponderance of

the evidence that any action taken by the opposing party, including, but not limited to, the filing of anypleading or part thereof, the assertion of or response to any discovery demand, the assertion of any claim ordefense, or the response to any request by any other party, was taken primarily for the purpose ofunreasonable delay, the court shall award damages to the moving party for its reasonable expenses incurred inobtaining the order, which may include attorney’s fees, and other loss resulting from the improper delay.

(3) Notwithstanding subsections (1) and (2), monetary sanctions may not be awarded:(a) Under paragraph (1)(b) if the court determines that the claim or defense was initially presented to the

court as a good faith argument for the extension, modification, or reversal of existing law or theestablishment of new law, as it applied to the material facts, with a reasonable expectation of success.

(b) Under paragraph (1)(a) or paragraph (1)(b) against the losing party’s attorney if he or she has acted ingood faith, based on the representations of his or her client as to the existence of those material facts.

(c) Under paragraph (1)(b) against a represented party.(d) On the court’s initiative under subsections (1) and (2) unless sanctions are awarded before a voluntary

dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to besanctioned.

(4) A motion by a party seeking sanctions under this section must be served but may not be filed with orpresented to the court unless, within 21 days after service of the motion, the challenged paper, claim,defense, contention, allegation, or denial is not withdrawn or appropriately corrected.

(5) In administrative proceedings under chapter 120, an administrative law judge shall award a reasonableattorney’s fee and damages to be paid to the prevailing party in equal amounts by the losing party and a losingparty’s attorney or qualified representative in the same manner and upon the same basis as provided insubsections (1)-(4). Such award shall be a final order subject to judicial review pursuant to s. 120.68. If thelosing party is an agency as defined in s. 120.52(1), the award to the prevailing party shall be against and paidby the agency. A voluntary dismissal by a nonprevailing party does not divest the administrative law judge ofjurisdiction to make the award described in this subsection.

(6) The provisions of this section are supplemental to other sanctions or remedies available under law or


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under court rules.(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take

any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other partywhen that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. Thissubsection applies to any contract entered into on or after October 1, 1988.

History.—s. 1, ch. 78-275; s. 61, ch. 86-160; ss. 1, 2, ch. 88-160; s. 1, ch. 90-300; s. 316, ch. 95-147; s. 4, ch. 99-225; s. 1, ch.2002-77; s. 9, ch. 2003-94; s. 1, ch. 2010-129.



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Select Year:


Title VJUDICIALBRANCH

Chapter 27STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED

OFFICES

View EntireChapter

27.52 Determination of indigent status.—(1) APPLICATION TO THE CLERK.—A person seeking appointment of a public defender under s. 27.51 based

upon an inability to pay must apply to the clerk of the court for a determination of indigent status using anapplication form developed by the Florida Clerks of Court Operations Corporation with final approval by theSupreme Court.

(a) The application must include, at a minimum, the following financial information:1. Net income, consisting of total salary and wages, minus deductions required by law, including court-

ordered support payments.2. Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits,

workers’ compensation, other regular support from absent family members, public or private employeepensions, reemployment assistance or unemployment compensation, dividends, interest, rent, trusts, andgifts.

3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificatesof deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.

4. All liabilities and debts.5. If applicable, the amount of any bail paid for the applicant’s release from incarceration and the source

of the funds.

The application must include a signature by the applicant which attests to the truthfulness of the informationprovided. The application form developed by the corporation must include notice that the applicant may seekcourt review of a clerk’s determination that the applicant is not indigent, as provided in this section.

(b) An applicant shall pay a $50 application fee to the clerk for each application for court-appointedcounsel filed. The applicant shall pay the fee within 7 days after submitting the application. If the applicantdoes not pay the fee prior to the disposition of the case, the clerk shall notify the court, and the court shall:

1. Assess the application fee as part of the sentence or as a condition of probation; or2. Assess the application fee pursuant to s. 938.29.(c) Notwithstanding any provision of law, court rule, or administrative order, the clerk shall assign the first

$50 of any fees or costs paid by an indigent person as payment of the application fee. A person found to beindigent may not be refused counsel or other required due process services for failure to pay the fee.

(d) All application fees collected by the clerk under this section shall be transferred monthly by the clerkto the Department of Revenue for deposit in the Indigent Criminal Defense Trust Fund administered by theJustice Administrative Commission, to be used to as appropriated by the Legislature. The clerk may retain 2percent of application fees collected monthly for administrative costs prior to remitting the remainder to theDepartment of Revenue.

(e)1. The clerk shall assist a person who appears before the clerk and requests assistance in completing theapplication, and the clerk shall notify the court if a person is unable to complete the application after the


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clerk has provided assistance.2. If the person seeking appointment of a public defender is incarcerated, the public defender is

responsible for providing the application to the person and assisting him or her in its completion and isresponsible for submitting the application to the clerk on the person’s behalf. The public defender may enterinto an agreement for jail employees, pretrial services employees, or employees of other criminal justiceagencies to assist the public defender in performing functions assigned to the public defender under thissubparagraph.

(2) DETERMINATION BY THE CLERK.—The clerk of the court shall determine whether an applicant seekingappointment of a public defender is indigent based upon the information provided in the application and thecriteria prescribed in this subsection.

(a) An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if theapplicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines prescribedfor the size of the household of the applicant by the United States Department of Health and Human Servicesor if the person is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-relatedveterans’ benefits, or Supplemental Security Income (SSI).

1. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, anyintangible or tangible personal property or real property or the expectancy of an interest in any such propertyhaving a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehiclehaving a net value not exceeding $5,000.

2. Notwithstanding the information that the applicant provides, the clerk may conduct a review of theproperty records for the county in which the applicant resides and the motor vehicle title records of the stateto identify any property interests of the applicant under this paragraph. The clerk may evaluate and considerthe results of the review in making a determination under this subsection. If the review is conducted, theclerk shall maintain the results of the review in a file with the application and provide the file to the court ifthe applicant seeks review under subsection (4) of the clerk’s determination of indigent status.

(b) Based upon its review, the clerk shall make one of the following determinations:1. The applicant is not indigent.2. The applicant is indigent.(c)1. If the clerk determines that the applicant is indigent, the clerk shall submit the determination to the

office of the public defender and immediately file the determination in the case file.2. If the public defender is unable to provide representation due to a conflict pursuant to s. 27.5303, the

public defender shall move the court for withdrawal from representation and appointment of the office ofcriminal conflict and civil regional counsel.

(d) The duty of the clerk in determining whether an applicant is indigent shall be limited to receiving theapplication and comparing the information provided in the application to the criteria prescribed in thissubsection. The determination of indigent status is a ministerial act of the clerk and not a decision based onfurther investigation or the exercise of independent judgment by the clerk. The clerk may contract with thirdparties to perform functions assigned to the clerk under this section.

(e) The applicant may seek review of the clerk’s determination that the applicant is not indigent in thecourt having jurisdiction over the matter at the next scheduled hearing. If the applicant seeks review of theclerk’s determination of indigent status, the court shall make a final determination as provided in subsection(4).

(3) APPOINTMENT OF COUNSEL ON INTERIM BASIS.—If the clerk of the court has not made a determinationof indigent status at the time a person requests appointment of a public defender, the court shall make apreliminary determination of indigent status, pending further review by the clerk, and may, by court order,appoint a public defender, the office of criminal conflict and civil regional counsel, or private counsel on an

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interim basis.(4) REVIEW OF CLERK’S DETERMINATION.—(a) If the clerk of the court determines that the applicant is not indigent, and the applicant seeks review

of the clerk’s determination, the court shall make a final determination of indigent status by reviewing theinformation provided in the application against the criteria prescribed in subsection (2) and by considering thefollowing additional factors:

1. Whether the applicant has been released on bail in an amount of $5,000 or more.2. Whether a bond has been posted, the type of bond, and who paid the bond.3. Whether paying for private counsel in an amount that exceeds the limitations in s. 27.5304, or other due

process services creates a substantial hardship for the applicant or the applicant’s family.4. Any other relevant financial circumstances of the applicant or the applicant’s family.(b) Based upon its review, the court shall make one of the following determinations and, if the applicant is

indigent, shall appoint a public defender, the office of criminal conflict and civil regional counsel, or, ifappropriate, private counsel:

1. The applicant is not indigent.2. The applicant is indigent.(5) INDIGENT FOR COSTS.—A person who is eligible to be represented by a public defender under s. 27.51

but who is represented by private counsel not appointed by the court for a reasonable fee as approved by thecourt or on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he orshe is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and29.007, funded by the state.

(a) The person must file a written motion with the court and submit to the court:1. The completed application prescribed in subsection (1).2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of

attorney’s fees and the source of payment for these fees.(b) The person shall arrange for service of a copy of the motion and attachments on the Justice

Administrative Commission. The commission has standing to appear before the court to contest any motion todeclare a person indigent for costs and may participate in a hearing on the motion by use of telephonic orother communication equipment.

(c) If the person did not apply for a determination of indigent status under subsection (1) in the same caseand is not already liable for the application fee required under that subsection, he or she becomes liable forpayment of the fee upon filing the motion with the court.

(d) In reviewing the motion, the court shall consider:1. Whether the applicant applied for a determination of indigent status under subsection (1) and the

outcome of such application.2. The extent to which the person’s income equals or exceeds the income criteria prescribed in subsection

(2).3. The additional factors prescribed in subsection (4).4. Whether the applicant is proceeding pro se.5. When the applicant retained private counsel.6. The amount of any attorney’s fees and who is paying the fees. There is a presumption that the applicant

is not indigent for costs if the amount of attorney’s fees exceeds $5,000 for a noncapital case or $25,000 for acapital case in which the state is seeking the death penalty. To overcome this presumption, the applicant hasthe burden to show through clear and convincing evidence that the fees are reasonable based on the natureand complexity of the case. In determining the reasonableness of the fees, the court shall consider the amountthat a private court-appointed attorney paid by the state would receive for providing representation for that


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type of case.(e) Based upon its review, the court shall make one of the following determinations:1. The applicant is not indigent for costs.2. The applicant is indigent for costs.(f) The provision of due process services based upon a determination that a person is indigent for costs

under this subsection must be effectuated pursuant to a court order, a copy of which the clerk shall provide tocounsel representing the person, or to the person directly if he or she is proceeding pro se, for use inrequesting payment of due process expenses through the Justice Administrative Commission. Private counselrepresenting a person declared indigent for costs shall execute the Justice Administrative Commission’scontract for counsel representing persons determined to be indigent for costs. Private counsel representing aperson declared indigent for costs may not receive state funds, either directly or on behalf of due processproviders, unless the attorney has executed the contract required under this paragraph.

(g) Costs shall be reimbursed at the rates established under ss. 27.425 and 27.5305. To receivereimbursement of costs, either directly or on behalf of due process providers, private counsel representing aperson declared indigent for costs shall comply with the procedures and requirements under this chaptergoverning billings by and compensation of private court-appointed counsel.

(h) The court may not appoint an attorney paid by the state based on a finding that the defendant isindigent for costs if the defendant has privately retained and paid counsel.

(i) A defendant who is found guilty of a criminal act by a court or jury or enters a plea of guilty or nolocontendere and who received due process services after being found indigent for costs under this subsection isliable for payment of due process costs expended by the state.

1. The attorney representing the defendant, or the defendant if he or she is proceeding pro se, shallprovide an accounting to the court delineating all costs paid or to be paid by the state within 90 days afterdisposition of the case notwithstanding any appeals.

2. The court shall issue an order determining the amount of all costs paid by the state and any costs forwhich prepayment was waived under this section or s. 57.081. The clerk shall cause a certified copy of theorder to be recorded in the official records of the county, at no cost. The recording constitutes a lien againstthe person in favor of the state in the county in which the order is recorded. The lien may be enforced in thesame manner prescribed in s. 938.29.

3. If the attorney or the pro se defendant fails to provide a complete accounting of costs expended by thestate and consequently costs are omitted from the lien, the attorney or pro se defendant may not receivereimbursement or any other form of direct or indirect payment for those costs if the state has not paid thecosts. The attorney or pro se defendant shall repay the state for those costs if the state has already paid thecosts. The clerk of the court may establish a payment plan under s. 28.246 and may charge the attorney or prose defendant a one-time administrative processing charge under s. 28.24(26)(c).

(6) DUTIES OF PARENT OR LEGAL GUARDIAN.—A nonindigent parent or legal guardian of an applicant who isa minor or an adult tax-dependent person shall furnish the minor or adult tax-dependent person with thenecessary legal services and costs incident to a delinquency proceeding or, upon transfer of such person forcriminal prosecution as an adult pursuant to chapter 985, a criminal prosecution in which the person has aright to legal counsel under the Constitution of the United States or the Constitution of the State of Florida.The failure of a parent or legal guardian to furnish legal services and costs under this section does not bar theappointment of legal counsel pursuant to this section, s. 27.40, or s. 27.5303. When the public defender, theoffice of criminal conflict and civil regional counsel, a private court-appointed conflict counsel, or a privateattorney is appointed to represent a minor or an adult tax-dependent person in any proceeding in circuit courtor in a criminal proceeding in any other court, the parents or the legal guardian shall be liable for payment ofthe fees, charges, and costs of the representation even if the person is a minor being tried as an adult.


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Liability for the fees, charges, and costs of the representation shall be imposed in the form of a lien againstthe property of the nonindigent parents or legal guardian of the minor or adult tax-dependent person. The lienis enforceable as provided in s. 27.561 or s. 938.29.

(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—(a) If the court learns of discrepancies between the application or motion and the actual financial status of

the person found to be indigent or indigent for costs, the court shall determine whether the public defender,office of criminal conflict and civil regional counsel, or private attorney shall continue representation orwhether the authorization for any other due process services previously authorized shall be revoked. Theperson may be heard regarding the information learned by the court. If the court, based on the information,determines that the person is not indigent or indigent for costs, the court shall order the public defender,office of criminal conflict and civil regional counsel, or private attorney to discontinue representation andrevoke the provision of any other authorized due process services.

(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, wasimproperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney.Twenty-five percent of any amount recovered by the state attorney as reasonable value of the servicesrendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to theDepartment of Revenue for deposit into the Grants and Donations Trust Fund within the Justice AdministrativeCommission. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenuefor deposit into the General Revenue Fund.

(c) A person who knowingly provides false information to the clerk or the court in seeking a determinationof indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083.

History.—s. 3, ch. 63-409; s. 1, ch. 70-57; s. 4, ch. 73-334; s. 1, ch. 77-99; s. 1, ch. 77-378; s. 8, ch. 79-164; s. 3, ch. 80-376; s. 1,ch. 81-273; s. 139, ch. 95-147; s. 1, ch. 96-232; s. 4, ch. 97-107; s. 28, ch. 97-271; s. 6, ch. 98-280; s. 3, ch. 2001-122; s. 16, ch.2003-402; s. 9, ch. 2004-265; s. 3, ch. 2005-236; s. 6, ch. 2007-62; s. 4, ch. 2008-111; s. 8, ch. 2010-162; s. 31, ch. 2012-30; s. 1, ch.2012-100; s. 3, ch. 2012-123.

Note.—As amended by s. 3, ch. 2012-123. The amendment by s. 1, ch. 2012-100, used the words “completed by the clerk”instead of the word “conducted.”


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Select Year:


Title XLVIICRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934SECURITY OF COMMUNICATIONS

View Entire Chapter

CHAPTER 934SECURITY OF COMMUNICATIONS

934.01 Legislative findings.934.02 Definitions.934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.934.04 Manufacture, distribution, or possession of wire, oral, or electronic communication interceptingdevices prohibited.934.05 Confiscation of wire, oral, or electronic communication intercepting devices.934.06 Prohibition of use as evidence of intercepted wire or oral communications; exception.934.07 Authorization for interception of wire, oral, or electronic communications.934.08 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.934.09 Procedure for interception of wire, oral, or electronic communications.934.10 Civil remedies.934.15 Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted.934.21 Unlawful access to stored communications; penalties.934.215 Unlawful use of a two-way communications device.934.22 Voluntary disclosure of customer communications or records.934.23 Required disclosure of customer communications or records.934.24 Backup preservation; customer notification; challenges by customer.934.25 Delayed notice.934.26 Cost reimbursement.934.27 Civil action: relief; damages; defenses.934.28 Exclusivity of remedies and sanctions.934.31 General prohibition on pen register and trap and trace device use; exception.934.32 Application for an order for a pen register or a trap and trace device.934.33 Issuance of an order for a pen register or a trap and trace device.934.34 Assistance in installation and use of a pen register or a trap and trace device.934.41 Alternative penalty.934.42 Mobile tracking device authorization.934.43 Criminal disclosure of subpoena, order, or authorization.

934.01 Legislative findings.—On the basis of its own investigations and of published studies, theLegislature makes the following findings:

(1) Wire communications are normally conducted through the use of facilities which form part of anintrastate network. The same facilities are used for interstate and intrastate communications.

(2) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of


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court and administrative proceedings, and to prevent the obstruction of intrastate commerce, it is necessaryfor the Legislature to define the circumstances and conditions under which the interception of wire and oralcommunications may be authorized and to prohibit any unauthorized interception of such communications andthe use of the contents thereof in evidence in courts and administrative proceedings.

(3) Organized criminals make extensive use of wire and oral communications in their criminal activities.The interception of such communications to obtain evidence of the commission of crimes or to prevent theircommission is an indispensable aid to law enforcement and the administration of justice.

(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications whennone of the parties to the communication has consented to the interception should be allowed only whenauthorized by a court of competent jurisdiction and should remain under the control and supervision of theauthorizing court. Interception of wire and oral communications should further be limited to certain majortypes of offenses and specific categories of crime with assurance that the interception is justified and that theinformation obtained thereby will not be misused.


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 pointof origin and the point of reception including the use of such connection in a switching station furnished oroperated 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 foreigncommerce.

(2) “Oral communication” means any oral communication uttered by a person exhibiting an expectationthat such communication is not subject to interception under circumstances justifying such expectation anddoes 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 oralcommunication 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 tointercept 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 orfurnished by such subscriber or user for connection to the facilities of such service and used in the ordinarycourse of its business; or

2. Being used by a provider of wire or electronic communications service in the ordinary course of itsbusiness 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 politicalsubdivision thereof, of the United States, or of any other state or political subdivision thereof, who isempowered by law to conduct on behalf of the Government investigations of, or to make arrests for, offensesenumerated in this chapter or similar federal offenses, any attorney authorized by law to prosecute orparticipate in the prosecution of such offenses, or any other attorney representing the State of Florida orpolitical subdivision thereof in any civil, regulatory, disciplinary, or forfeiture action relating to, based upon,or derived from such offenses.


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(7) “Contents,” when used with respect to any wire, oral, or electronic communication, includes anyinformation 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 ofappeal, 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 electroniccommunication 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 thereofor of the United States if the primary responsibility of the agency is the prevention and detection of crime orthe enforcement of the penal, traffic, or highway laws of this state and if its agents and officers areempowered by law to conduct criminal investigations and to make arrests.

(11) “Communication common carrier” shall have the same meaning which is given the term “commoncarrier” in 47 U.S.C. s. 153(10).

(12) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, orintelligence 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 computerfacilities 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 tosend or receive wire or electronic communications.

(16) “Readily accessible to the general public” means, with respect to a radio communication, that suchcommunication 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;(c) Carried on a subcarrier or other signal subsidiary to a radio transmission;(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 communicationtransmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliaryservices, 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


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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 communicationis transmitted, but such information does not include the contents of any communication. The term does notinclude any device or process used by a provider or customer of a wire or electronic communication servicefor billing or recording as an incident to billing or for communication services provided by such provider, anddoes not include any device or process used by a provider or customer of a wire communication service forcost 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 otherimpulses that identify the originating number or other dialing, routing, addressing, or signaling informationreasonably likely to identify the source of a wire or electronic communication, but such information does notinclude the contents of any communication.

(22) “State” means any state of the United States, the District of Columbia, the Commonwealth of PuertoRico, or any other possession or territory of the United States.

(23) “Subpoena” means any administrative subpoena authorized by federal or Florida law, federal orFlorida grand jury subpoena, or any criminal investigative subpoena as authorized by Florida statute whichmay 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 Statesperson, 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 actsof 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 canaffect 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 computerlocated outside the United States.

(26) “Computer trespasser” means a person who accesses a protected computer without authorization andthus 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 operatorof the protected computer to have an existing contractual relationship with the owner or operator of theprotected 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.

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—(1) Except as otherwise specifically provided in this chapter, any person who:


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(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavorto intercept any wire, oral, or electronic communication;

(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use anyelectronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other likeconnection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of suchcommunication;

(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, orelectronic communication, knowing or having reason to know that the information was obtained through theinterception of a wire, oral, or electronic communication in violation of this subsection;

(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication,knowing or having reason to know that the information was obtained through the interception of a wire, oral,or electronic communication in violation of this subsection; or

(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, orelectronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b),paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the informationwas obtained through the interception of such a communication in connection with a criminal investigation,has obtained or received the information in connection with a criminal investigation, and intends toimproperly obstruct, impede, or interfere with a duly authorized criminal investigation;

shall be punished as provided in subsection (4).(2)(a)1. It is lawful under ss. 934.03-934.09 for an operator of a switchboard, or an officer, employee, or

agent of a provider of wire or electronic communication service whose facilities are used in the transmissionof a wire or electronic communication, to intercept, disclose, or use that communication in the normal courseof his or her employment while engaged in any activity which is a necessary incident to the rendition of his orher service or to the protection of the rights or property of the provider of that service, except that aprovider of wire communication service to the public shall not utilize service observing or random monitoringexcept for mechanical or service quality control checks.

2. Notwithstanding any other law, a provider of wire, oral, or electronic communication service, or anofficer, employee, or agent thereof, or landlord, custodian, or other person, may provide information,facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electroniccommunications if such provider, or an officer, employee, or agent thereof, or landlord, custodian, or otherperson, has been provided with:

a. A court order directing such assistance signed by the authorizing judge; orb. A certification in writing by a person specified in s. 934.09(7) that no warrant or court order is required

by law, that all statutory requirements have been met, and that the specified assistance is required, settingforth the period of time during which the provision of the information, facilities, or technical assistance isauthorized and specifying the information, facilities, or technical assistance required.

3. A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof,or landlord, custodian, or other person may not disclose the existence of any interception or the device usedto accomplish the interception with respect to which the person has been furnished an order under ss.934.03-934.09, except as may otherwise be required by legal process and then only after prior notice to theGovernor, the Attorney General, the statewide prosecutor, or a state attorney, as may be appropriate. Anysuch disclosure renders such person liable for the civil damages provided under s. 934.10, and such person maybe prosecuted under s. 934.43. An action may not be brought against any provider of wire, oral, or electroniccommunication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for


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providing information, facilities, or assistance in accordance with the terms of a court order under ss.934.03-934.09.

(b) It is lawful under ss. 934.03-934.09 for an officer, employee, or agent of the Federal CommunicationsCommission, in the normal course of his or her employment and in discharge of the monitoring responsibilitiesexercised by the commission in the enforcement of 47 U.S.C. ch. 5, to intercept a wire, oral, or electroniccommunication transmitted by radio or to disclose or use the information thereby obtained.

(c) It is lawful under ss. 934.03-934.09 for an investigative or law enforcement officer or a person actingunder the direction of an investigative or law enforcement officer to intercept a wire, oral, or electroniccommunication when such person is a party to the communication or one of the parties to the communicationhas given prior consent to such interception and the purpose of such interception is to obtain evidence of acriminal act.

(d) It is lawful under ss. 934.03-934.09 for a person to intercept a wire, oral, or electronic communicationwhen all of the parties to the communication have given prior consent to such interception.

(e) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committingany criminal act.

(f) It is lawful under ss. 934.03-934.09 for an employee of a telephone company to intercept a wirecommunication for the sole purpose of tracing the origin of such communication when the interception isrequested by the recipient of the communication and the recipient alleges that the communication is obscene,harassing, or threatening in nature. The individual conducting the interception shall notify local policeauthorities within 48 hours after the time of the interception.

(g) It is lawful under ss. 934.03-934.09 for an employee of:1. An ambulance service licensed pursuant to s. 401.25, a fire station employing firefighters as defined by

s. 633.30, a public utility, a law enforcement agency as defined by s. 934.02(10), or any other entity withpublished emergency telephone numbers;

2. An agency operating an emergency telephone number “911” system established pursuant to s. 365.171;or

3. The central abuse hotline operated pursuant to s. 39.201

to intercept and record incoming wire communications; however, such employee may intercept and recordincoming wire communications on designated “911” telephone numbers and published nonemergencytelephone numbers staffed by trained dispatchers at public safety answering points only. It is also lawful forsuch employee to intercept and record outgoing wire communications to the numbers from which suchincoming wire communications were placed when necessary to obtain information required to provide theemergency services being requested. For the purpose of this paragraph, the term “public utility” has the samemeaning as provided in s. 366.02 and includes a person, partnership, association, or corporation now orhereafter owning or operating equipment or facilities in the state for conveying or transmitting messages orcommunications by telephone or telegraph to the public for compensation.

(h) It shall not be unlawful under ss. 934.03-934.09 for any person:1. To intercept or access an electronic communication made through an electronic communication system

that is configured so that such electronic communication is readily accessible to the general public.2. To intercept any radio communication which is transmitted:a. By any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in

distress;b. By any governmental, law enforcement, civil defense, private land mobile, or public safety

communications system, including any police or fire communications system, readily accessible to the generalpublic;

c. By a station operating on an authorized frequency within the bands allocated to the amateur, citizens


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band, or general mobile radio services; ord. By any marine or aeronautical communications system.3. To engage in any conduct which:a. Is prohibited by s. 633 of the Communications Act of 1934; orb. Is excepted from the application of s. 705(a) of the Communications Act of 1934 by s. 705(b) of that act.4. To intercept any wire or electronic communication the transmission of which is causing harmful

interference to any lawfully operating station of consumer electronic equipment to the extent necessary toidentify the source of such interference.

5. To intercept, if such person is another user of the same frequency, any radio communication that is notscrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged inthe provision or the use of such system.

6. To intercept a satellite transmission that is not scrambled or encrypted and that is transmitted:a. To a broadcasting station for purposes of retransmission to the general public; orb. As an audio subcarrier intended for redistribution to facilities open to the public, but not including data

transmissions or telephone calls, when such interception is not for the purposes of direct or indirectcommercial advantage or private financial gain.

7. To intercept and privately view a private satellite video communication that is not scrambled orencrypted or to intercept a radio communication that is transmitted on frequencies allocated under subpart Dof part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if suchinterception is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantageor private commercial gain.

(i) It shall not be unlawful under ss. 934.03-934.09:1. To use a pen register or a trap and trace device as authorized under ss. 934.31-934.34 or under federal

law; or2. For a provider of electronic communication service to record the fact that a wire or electronic

communication was initiated or completed in order to protect such provider, another provider furnishingservice toward the completion of the wire or electronic communication, or a user of that service, fromfraudulent, unlawful, or abusive use of such service.

(j) It is not unlawful under ss. 934.03-934.09 for a person acting under color of law to intercept the wire orelectronic communications of a computer trespasser which are transmitted to, through, or from a protectedcomputer if:

1. The owner or operator of the protected computer authorizes the interception of the communications ofthe computer trespasser;

2. The person acting under color of law is lawfully engaged in an investigation;3. The person acting under color of law has reasonable grounds to believe that the contents of the

communications of the computer trespasser will be relevant to the investigation; and4. The interception does not acquire communications other than those transmitted to, through, or from

the computer trespasser.(3)(a) Except as provided in paragraph (b), a person or entity providing an electronic communication

service to the public shall not intentionally divulge the contents of any communication while in transmissionon that service to any person or entity other than an addressee or intended recipient of such communicationor an agent of such addressee or intended recipient.

(b) A person or entity providing electronic communication service to the public may divulge the contentsof any such communication:

1. As otherwise authorized in paragraph (2)(a) or s. 934.08;2. With the lawful consent of the originator or any addressee or intended recipient of such communication;


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3. To a person employed or authorized, or whose facilities are used, to forward such communication to itsdestination; or

4. Which were inadvertently obtained by the service provider and which appear to pertain to thecommission of a crime, if such divulgence is made to a law enforcement agency.

(4)(a) Except as provided in paragraph (b), whoever violates subsection (1) is guilty of a felony of the thirddegree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.

(b) If the offense is a first offense under paragraph (a) and is not for any tortious or illegal purpose or forpurposes of direct or indirect commercial advantage or private commercial gain, and the wire or electroniccommunication with respect to which the offense under paragraph (a) was committed is a radiocommunication that is not scrambled, encrypted, or transmitted using modulation techniques the essentialparameters of which have been withheld from the public with the intention of preserving the privacy of suchcommunication, then:

1. If the communication is not the radio portion of a cellular telephone communication, a cordlesstelephone communication that is transmitted between the cordless telephone handset and the base unit, apublic land mobile radio service communication, or a paging service communication, and the conduct is notthat described in subparagraph (2)(h)7., the person committing the offense is guilty of a misdemeanor of thefirst degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the communication is the radio portion of a cellular telephone communication, a cordless telephonecommunication that is transmitted between the cordless telephone handset and the base unit, a public landmobile radio service communication, or a paging service communication, the person committing the offense isguilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 3, ch. 69-17; s. 1163, ch. 71-136; ss. 2, 3, ch. 74-249; s. 249, ch. 77-104; s. 1, ch. 78-376; s. 187, ch. 79-164; s. 2, ch.80-27; s. 1, ch. 87-301; s. 2, ch. 88-184; s. 2, ch. 89-269; s. 1582, ch. 97-102; s. 18, ch. 99-168; ss. 7, 9, ch. 2000-369; s. 2, ch.2002-72; s. 30, ch. 2010-117.

934.04 Manufacture, distribution, or possession of wire, oral, or electronic communicationintercepting devices prohibited.—

(1) Except as otherwise specifically provided in this chapter, any person who intentionally:(a) Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device,

knowing or having reason to know that the design of such device renders it primarily useful for the purpose ofthe illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or

(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing orhaving reason to know that the design of such device renders it primarily useful for the purpose of the illegalinterception of wire, oral, or electronic communications as specifically defined by this chapter;

shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) It is not unlawful under this section for:(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a

person under contract with, such a provider, in the normal course of the business of providing that wire orelectronic communication service; or

(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or inthe course of doing business with, the United States, a state, or a political subdivision thereof, in the normalcourse of the activities of the United States, a state, or a political subdivision thereof,

to send through the mail; send or carry in intrastate, interstate, or foreign commerce; or manufacture,assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know thatthe design of such device renders it primarily useful for the purpose of the surreptitious interception of wire,oral, or electronic communications.


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934.05 Confiscation of wire, oral, or electronic communication intercepting devices.—Any electronic,mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation ofthis chapter may be seized and forfeited to the state.

History.—s. 5, ch. 69-17; s. 4, ch. 88-184.

934.06 Prohibition of use as evidence of intercepted wire or oral communications; exception.—Whenever any wire or oral communication has been intercepted, no part of the contents of suchcommunication and no evidence derived therefrom may be received in evidence in any trial, hearing, or otherproceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislativecommittee, or other authority of the state, or a political subdivision thereof, if the disclosure of thatinformation would be in violation of this chapter. The prohibition of use as evidence provided in this sectiondoes not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter.

History.—s. 6, ch. 69-17; s. 4, ch. 89-269.

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 communicationsby:

(a) The Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 havingresponsibility for the investigation of the offense as to which the application is made when such interceptionmay 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; anyfelony violation of ss. 790.161-790.166, inclusive; any violation of s. 787.06; any violation of chapter 893; anyviolation of the provisions of the Florida Anti-Fencing Act; any violation of chapter 895; any violation ofchapter 896; any violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; anyviolation of s. 944.40; or any conspiracy or solicitation to commit any violation of the laws of this staterelating to the crimes specifically enumerated in this paragraph.

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

(2)(a) If, during the course of an interception of communications by a law enforcement agency asauthorized under paragraph (1)(a), the law enforcement agency finds that the intercepted communicationsmay provide or have provided evidence of the commission of any offense that may be an act of terrorism or infurtherance 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 thedepartment of the contents of the intercepted communications. The agency notifying the department maycontinue its previously authorized interception with appropriate minimization, as applicable, and mayotherwise assist the department as provided in this section.

(b) Upon its receipt of information of the contents of an intercepted communications from a lawenforcement agency, the Department of Law Enforcement shall promptly review the information to determinewhether the information relates to an actual or anticipated act of terrorism as defined in this section. If, afterreviewing the contents of the intercepted communications, there is probable cause that the contents of theintercepted communications meet the criteria of paragraph (1)(b), the Department of Law Enforcement may


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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 ofthe intercepted communications. Alternatively, the department may request the law enforcement agency thatprovided the information to join with the department in seeking an amendment of the original interceptionorder, or may seek additional authority to continue intercepting communications under the direction of thedepartment. In carrying out its duties under this section, the department may use the provisions for anemergency 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; or2. 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; or3. 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.

934.08 Authorization for disclosure and use of intercepted wire, oral, or electroniccommunications.—

(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, hasobtained knowledge of the contents of any wire, oral, or electronic communication or evidence derivedtherefrom may disclose such contents to:

(a) The Department of Legal Affairs for use in investigations or proceedings pursuant to s. 812.035, part IIof chapter 501, chapter 542, or chapter 895, to any attorney authorized by law to investigate and institute anyaction on behalf of the State of Florida or political subdivision thereof, or to another investigative or lawenforcement officer to the extent that such disclosure is appropriate to the proper performance of the officialduties 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 federalprotective services official, federal immigration official, state or federal defense official, or state or federalsecurity official to the extent that the contents or evidence includes foreign intelligence orcounterintelligence, as defined in 50 U.S.C. s. 401a, or foreign intelligence information, as defined in thischapter, 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 asnecessary in conducting official duties and is subject to any limitations on the unauthorized disclosure of suchinformation.

(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, hasobtained knowledge of the contents of any wire, oral, or electronic communication or evidence derivedtherefrom may use such contents to the extent such use is appropriate to the proper performance of her or hisofficial duties.

(3) Any person who has received, by any means authorized by this chapter, or by the laws of any otherstate or the United States, any information concerning a wire, oral, or electronic communication or evidencederived therefrom, intercepted in accordance with the provisions of this chapter, may disclose the contents ofthat communication or such derivative evidence while giving testimony under oath or affirmation in anycriminal proceeding in any court of the state or of the United States; in any grand jury proceedings; in anyproceeding pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895; in any investigation or


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proceeding in connection with the Judicial Qualifications Commission; or in any other proceeding orinvestigation held under the authority of the State of Florida or any political subdivision thereof, of the UnitedStates, 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 inviolation of, the provisions of this chapter shall lose its privileged character, provided that a communicationotherwise lawfully intercepted pursuant to this chapter is not privileged when such communication is infurtherance of the commission of a crime.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, orelectronic communications in the manner authorized herein, intercepts wire, oral, or electroniccommunications relating to offenses other than those specified in the order of authorization or approval, thecontents 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 orapproved by a judge of competent jurisdiction when such judge finds on subsequent application that thecontents were otherwise intercepted in accordance with the provisions of this chapter. Such application shallbe 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.

934.09 Procedure for interception of wire, oral, or electronic communications.—(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic

communication under ss. 934.03-934.09 shall be made in writing upon oath or affirmation to a judge ofcompetent jurisdiction and shall state the applicant’s authority to make such application. Each applicationshall include the following information:

(a) The identity of the investigative or law enforcement officer making the application and the officerauthorizing the application.

(b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify hisor her belief that an order should be issued, including:

1. Details as to the particular offense that has been, is being, or is about to be committed.2. Except as provided in subsection (11), a particular description of the nature and location of the facilities

from which, or the place where, the communications are to be intercepted.3. A particular description of the type of communications sought to be intercepted.4. The identity of the person, if known, committing the offense and whose communications are to be

intercepted.(c) A full and complete statement as to whether or not other investigative procedures have been tried and

failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.(d) A statement of the period of time for which the interception is required to be maintained and, if the

nature of the investigation is such that the authorization for interception should not automatically terminatewhen the described type of communication has been first obtained, a particular description of factsestablishing probable cause to believe that additional communications of the same type will occur thereafter.

(e) A full and complete statement of the facts concerning all previous applications known to the individualauthorizing and making the application, made to any judge for authorization to intercept, or for approval ofinterceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, orplaces specified in the application, and the action taken by the judge on each such application.

(f) When the application is for the extension of an order, a statement setting forth the results thus farobtained from the interception or a reasonable explanation of the failure to obtain such results.

(2) The judge may require the applicant to furnish additional testimony or documentary evidence insupport of the application.


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(3) Upon such application, the judge may enter an ex parte order, as requested or as modified, authorizingor approving interception of wire, oral, or electronic communications within the territorial jurisdiction of thecourt in which the judge is sitting, and outside such jurisdiction but within the State of Florida in the case of amobile interception device authorized by the judge within such jurisdiction, if the judge determines on thebasis of the facts submitted by the applicant that:

(a) There is probable cause for belief that an individual is committing, has committed, or is about tocommit an offense as provided in s. 934.07.

(b) There is probable cause for belief that particular communications concerning that offense will beobtained through such interception.

(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely tosucceed if tried or to be too dangerous.

(d) Except as provided in subsection (11), there is probable cause for belief that the facilities from which,or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or areabout to be used, in connection with the commission of such offense, or are leased to, listed in the name of,or commonly used by such person.

(4) Each order authorizing or approving the interception of any wire, oral, or electronic communicationshall specify:

(a) The identity of the person, if known, whose communications are to be intercepted.(b) The nature and location of the communications facilities as to which, or the place where, authority to

intercept is granted.(c) A particular description of the type of communication sought to be intercepted and a statement of the

particular offense to which it relates.(d) The identity of the agency authorized to intercept the communications and of the person authorizing

the application.(e) The period of time during which such interception is authorized, including a statement as to whether

or not the interception shall automatically terminate when the described communication has been firstobtained.

An order authorizing the interception of a wire, oral, or electronic communication shall, upon the request ofthe applicant, direct that a provider of wire or electronic communication service, landlord, custodian, orother person shall furnish the applicant forthwith all information, facilities, and technical assistance necessaryto accomplish the interception unobtrusively and with a minimum of interference with the services that suchservice provider, landlord, custodian, or person is according the person whose communications are to beintercepted. The obligation of a provider of wire, oral, or electronic communication service under such anorder may include, but is not limited to, conducting an in-progress trace during an interception, or providingother assistance to support the investigation as may be specified in the order. Any provider of wire orelectronic communication service, landlord, custodian, or other person furnishing such facilities or technicalassistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing suchfacilities or assistance.

(5) No order entered under this section may authorize or approve the interception of any wire, oral, orelectronic communication for any period longer than is necessary to achieve the objective of theauthorization or in any event longer than 30 days. Such 30-day period begins on the day on which the agent orofficer of the law enforcement agency first begins to conduct an interception under the order or 10 days afterthe order is entered, whichever occurs earlier. Extensions of an order may be granted but only uponapplication for an extension made in accordance with subsection (1) and upon the court making the findingsrequired by subsection (3). The period of extension shall be no longer than the authorizing judge deemsnecessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every


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order and extension thereof shall contain a provision that the authorization to intercept shall be executed assoon as practicable, shall be conducted in such a way as to minimize the interception of communications nototherwise subject to interception under ss. 934.03-934.09, and must terminate upon attainment of theauthorized objective or in any event in 30 days. If the intercepted communication is in code or foreignlanguage and an expert in that foreign language or code is not reasonably available during the interceptionperiod, minimization may be accomplished as soon as practicable after such interception. An interceptionunder ss. 934.03-934.09 may be conducted in whole or in part by government personnel or by an individualoperating under a contract with the government, acting under the supervision of an agent or officer of the lawenforcement agency authorized to conduct the interception.

(6) Whenever an order authorizing interception is entered pursuant to ss. 934.03-934.09, the order mayrequire reports to be made to the judge who issued the order showing what progress has been made towardachievement of the authorized objective and the need for continued interception. Such reports shall be madeat such intervals as the judge may require.

(7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officerspecially designated by the Governor, the Attorney General, the statewide prosecutor, or a state attorneyacting under this chapter, who reasonably determines that:

(a) An emergency exists that:1. Involves immediate danger of death or serious physical injury to any person, the danger of escape of a

prisoner, or conspiratorial activities threatening the security interest of the nation or state; and2. Requires that a wire, oral, or electronic communication be intercepted before an order authorizing such

interception can, with due diligence, be obtained; and(b) There are grounds upon which an order could be entered under this chapter to authorize such

interception

may intercept such wire, oral, or electronic communication if an application for an order approving theinterception is made in accordance with this section within 48 hours after the interception has occurred orbegins to occur. In the absence of an order, such interception shall immediately terminate when thecommunication sought is obtained or when the application for the order is denied, whichever is earlier. If suchapplication for approval is denied, or in any other case in which the interception is terminated without anorder having been issued, the contents of any wire, oral, or electronic communication intercepted shall betreated as having been obtained in violation of s. 934.03(4), and an inventory shall be served as provided for inparagraph (8)(e) on the person named in the application.

(8)(a) The contents of any wire, oral, or electronic communication intercepted by any means authorizedby ss. 934.03-934.09 shall, if possible, be recorded on tape or wire or other comparable device. The recordingof the contents of any wire, oral, or electronic communication under this subsection shall be kept in such away as will protect the recording from editing or other alterations. Immediately upon the expiration of theperiod of the order, or extensions thereof, such recordings shall be made available to the judge issuing suchorder and sealed under his or her directions. Custody of the recordings shall be wherever the judge orders.They shall not be destroyed except upon an order of the issuing or denying judge, or that judge’s successor inoffice, and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosurepursuant to the provisions of s. 934.08(1) and (2) for investigations.

(b) The presence of the seal provided for by this subsection, or a satisfactory explanation for the absencethereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electroniccommunication or evidence derived therefrom under s. 934.08(3), as required by federal law.

(c) Applications made and orders granted under ss. 934.03-934.09 shall be sealed by the judge. Custody ofthe applications and orders shall be wherever the judge directs. As required by federal law, such applicationsand orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and


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shall not be destroyed except on order of the issuing or denying judge, or that judge’s successor in office, andin any event shall be kept for 10 years.

(d) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denyingjudge.

(e) Within a reasonable time but not later than 90 days after the termination of the period of an order orextensions thereof, the issuing or denying judge shall cause to be served on the persons named in the order orthe application, and such other parties to intercepted communications as the judge may determine in his orher discretion to be in the interest of justice, an inventory which shall include notice of:

1. The fact of the entry of the order or the application.2. The date of the entry and the period of authorized, approved, or disapproved interception, or the

denial of the application.3. The fact that during the period wire, oral, or electronic communications were or were not intercepted.

The judge, upon the filing of a motion, may make available to such person or the person’s counsel forinspection such portions of the intercepted communications, applications, and orders as the judge determinesto be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, theserving of the inventory required by this paragraph may be postponed.

(9) As required by federal law, the contents of any intercepted wire, oral, or electronic communication orevidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, orother proceeding unless each party, not less than 10 days before the trial, hearing, or proceeding, has beenfurnished with a copy of the court order and accompanying application under which the interception wasauthorized or approved. This 10-day period may be waived by the judge if he or she finds that it was notpossible to furnish the party with the above information 10 days before the trial, hearing, or proceeding andthat the party will not be prejudiced by the delay in receiving such information.

(10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department,officer, agency, regulatory body, or other authority may move to suppress the contents of any interceptedwire, oral, or electronic communication, or evidence derived therefrom, on the grounds that:

1. The communication was unlawfully intercepted;2. The order of authorization or approval under which it was intercepted is insufficient on its face; or3. The interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to makesuch motion or the person was not aware of the grounds of the motion. If the motion is granted, the contentsof the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as havingbeen obtained in violation of ss. 934.03-934.09. The judge, upon the filing of such motion by the aggrievedperson, may make available to the aggrieved person or his or her counsel for inspection such portions of theintercepted communication or evidence derived therefrom as the judge determines to be in the interest ofjustice.

(b) In addition to any other right to appeal, the state shall have the right to appeal from an order grantinga motion to suppress made under paragraph (a) or the denial of an application for an order of approval if theattorney shall certify to the judge or other official granting such motion or denying such application that theappeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the orderwas entered and shall be diligently prosecuted.

(c) The remedies and sanctions described in ss. 934.03-934.10 with respect to the interception of electroniccommunications are the only judicial remedies and sanctions for violations of those sections involving suchcommunications.

(11) The requirements of subparagraph (1)(b)2. and paragraph (3)(d) relating to the specification of the


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facilities from which, or the place where, the communication is to be intercepted do not apply if:(a) In the case of an application with respect to the interception of an oral communication:1. The application is by an agent or officer of a law enforcement agency and is approved by the Governor,

the Attorney General, the statewide prosecutor, or a state attorney.2. The application contains a full and complete statement as to why such specification is not practical and

identifies the person committing the offense and whose communications are to be intercepted.3. The judge finds that such specification is not practical.(b) In the case of an application with respect to a wire or electronic communication:1. The application is by an agent or officer of a law enforcement agency and is approved by the Governor,

the Attorney General, the statewide prosecutor, or a state attorney.2. The application identifies the person believed to be committing the offense and whose communications

are to be intercepted and the applicant makes a showing that there is probable cause to believe that theperson’s actions could have the effect of thwarting interception from a specified facility or that the personwhose communications are to be intercepted has removed, or is likely to remove, himself or herself toanother judicial circuit within the state.

3. The judge finds that such showing has been adequately made.4. The order authorizing or approving the interception is limited to interception only for such time as it is

reasonable to presume that the person identified in the application is or was reasonably proximate to theinstrument through which such communication will be or was transmitted.

Consistent with this paragraph, a judge of competent jurisdiction may authorize interception within this state,whether the interception is within or outside the court’s jurisdiction, if the application for the interceptionmakes a showing that some activity or conspiracy believed to be related to, or in furtherance of, the criminalpredicate for the requested interception has occurred or will likely occur, or the communication to beintercepted or expected to be intercepted is occurring or will likely occur, in whole or in part, within thejurisdiction of the court where the order is being sought.

(12) If an interception of a communication is to be carried out pursuant to subsection (11), suchinterception may not begin until the facilities from which, or the place where, the communication is to beintercepted is ascertained by the person implementing the interception order. A provider of wire or electroniccommunications service that has received an order as provided under paragraph (11)(b) may petition the courtto modify or quash the order on the ground that the interception cannot be performed in a timely orreasonable fashion. The court, upon notice to the state, shall decide such a petition expeditiously.

History.—s. 9, ch. 69-17; s. 2, ch. 78-376; s. 7, ch. 88-184; s. 7, ch. 89-269; s. 1, ch. 94-101; s. 92, ch. 95-211; s. 1584, ch.97-102; s. 11, ch. 2000-369; ss. 2, 3, ch. 2001-359; ss. 4, 5, ch. 2002-72.

934.10 Civil remedies.—(1) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in

violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts,discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communicationsand shall be entitled to recover from any such person or entity which engaged in that violation such relief asmay be appropriate, including:

(a) Preliminary or equitable or declaratory relief as may be appropriate;(b) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day

of violation or $1,000, whichever is higher;(c) Punitive damages; and(d) A reasonable attorney’s fee and other litigation costs reasonably incurred.(2) A good faith reliance on:


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(a) A court order, subpoena, or legislative authorization as provided in ss. 934.03-934.09,(b) A request of an investigative or law enforcement officer under s. 934.09(7), or(c) A good faith determination that Florida or federal law, other than 18 U.S.C. s. 2511(2)(d), permitted the

conduct complained of

shall constitute a complete defense to any civil or criminal, or administrative action arising out of suchconduct under the laws of this state.

(3) A civil action under this section may not be commenced later than 2 years after the date upon whichthe claimant first has a reasonable opportunity to discover the violation.

History.—s. 10, ch. 69-17; s. 3, ch. 78-376; s. 8, ch. 88-184; s. 8, ch. 89-269; s. 12, ch. 2000-369.

934.15 Situations in which law enforcement officer may order telephone line cut, rerouted, ordiverted.—

(1) The supervising law enforcement officer at the scene of an incident where there is reasonable cause tobelieve:

(a) That a person is holding one or more hostages,(b) That a person has barricaded herself or himself and taken a position of confinement to avoid

apprehension,(c) That there is the probability that a subject about to be arrested will resist with the use of weapons, or(d) That a person has barricaded herself or himself and is armed and is threatening suicide,

may order law enforcement or telephone company personnel to cut, reroute, or divert telephone lines for thepurpose of preventing telephone communications between the suspect and any person other than a lawenforcement officer or the law enforcement officer’s designee, if such cutting, rerouting, or diverting oftelephone lines is technically feasible and can be performed without endangering the lives of telephonecompany or other utility personnel.

(2) The good faith reliance by a telephone company on an oral or written order to cut, reroute, or diverttelephone lines given by a supervising law enforcement officer under subsection (1) constitutes a completedefense to any civil, criminal, or administrative action arising out of such an order.

History.—ss. 1, 2, ch. 87-357; s. 1585, ch. 97-102.

934.21 Unlawful access to stored communications; penalties.—(1) Except as provided in subsection (3), whoever:(a) Intentionally accesses without authorization a facility through which an electronic communication

service is provided, or(b) Intentionally exceeds an authorization to access such facility,

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is inelectronic storage in such system shall be punished as provided in subsection (2).

(2) The punishment for an offense under subsection (1) is as follows:(a) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or

private commercial gain, the person is:1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree,

punishable as provided in s. 775.082, s. 775.083, or s. 934.41.2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree,

punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.(b) In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided

in s. 775.082 or s. 775.083.


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(3) Subsection (1) does not apply with respect to conduct authorized:(a) By the person or entity providing a wire or electronic communications service;(b) By a user of a wire or electronic communications service with respect to a communication of or

intended for that user; or(c) In s. 934.09, s. 934.23, or s. 934.24.History.—s. 9, ch. 88-184; s. 9, ch. 89-269.

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

History.—s. 1, ch. 2001-114.

934.22 Voluntary disclosure of customer communications or records.—(1) Except as provided in subsection (2) or subsection (3):(a) A provider of electronic communication service to the public may not knowingly divulge to:1. Any person or entity the contents of a communication while in electronic storage by that service; or2. Any governmental entity a record or other information pertaining to a subscriber to or customer of such

service.(b) A provider of remote computing service to the public may not knowingly divulge to:1. Any person or entity the contents of any communication that is carried or maintained on that service:a. On behalf of a subscriber or customer of such service and received by means of electronic transmission

from, or created by means of computer processing of communications received by means of electronictransmission from, a subscriber or customer of such remote computing service; and

b. Solely for the purpose of providing storage or computer processing services to its subscriber orcustomer, if the provider is not authorized to access the contents of any such communication for purposes ofproviding any service other than storage or computer processing; or

2. Any governmental entity a record or other information pertaining to a subscriber to or customer of suchservice.

(2) A provider described in subsection (1) may divulge the contents of a communication:(a) To an addressee or intended recipient of such communication or an agent of such addressee or intended

recipient.(b) As otherwise authorized in s. 934.03(2)(a), s. 934.07, or s. 934.23.(c) With the lawful consent of the originator or an addressee or intended recipient of such communication,

or the subscriber in the case of a remote computing service.(d) To a person employed or authorized, or whose facilities are used, to forward such communication to its

destination.(e) As may be necessarily incident to the rendition of the service or to the protection of the rights or

property of the provider of that service.(f) To a law enforcement agency, if:1. The contents were inadvertently obtained by the service provider;2. The contents appear to pertain to the commission of a crime; or3. The provider reasonably believes an emergency involving immediate danger of death or serious physical

injury to another person requires disclosure of the contents without delay.(3)(a) A provider described in subsection (1) may disclose a record or other information pertaining to a

subscriber to or customer of such service:1. As is otherwise authorized in s. 934.23.


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2. With the lawful consent of the customer or subscriber.3. As is necessary incident to rendering service or protecting the rights or property of the provider of that

service.4. To a governmental entity if the provider reasonably believes that an emergency involving immediate

danger of death or serious physical injury to any person justifies disclosure of the information.5. To any person other than a governmental entity.(b) Notwithstanding paragraph (a), a provider may not disclose the contents of communications specified

in paragraph (1)(a) or paragraph (1)(b).History.—s. 9, ch. 88-184; s. 7, ch. 2002-72.

934.23 Required disclosure of customer communications or records.—(1) An investigative or law enforcement officer may require the disclosure by a provider of electronic

communication service of the contents of a wire or electronic communication that has been in electronicstorage in an electronic communications system for 180 days or less only pursuant to a warrant issued by thejudge of a court of competent jurisdiction. As used in this section, the term “a court of competentjurisdiction” means a court that has jurisdiction over the investigation or that is otherwise authorized by law.An investigative or law enforcement officer may require the disclosure by a provider of electroniccommunication services of the contents of a wire or electronic communication that has been in electronicstorage in an electronic communications system for more than 180 days by the means available undersubsection (2).

(2) An investigative or law enforcement officer may require a provider of remote computing service todisclose the contents of any wire or electronic communication to which this subsection is made applicable bysubsection (3):

(a) Without required notice to the subscriber or customer if the investigative or law enforcement officerobtains a warrant issued by the judge of a court of competent jurisdiction; or

(b) With prior notice, or with delayed notice pursuant to s. 934.25, from the investigative or lawenforcement officer to the subscriber or customer if the investigative or law enforcement officer:

1. Uses a subpoena; or2. Obtains a court order for such disclosure under subsection (5).(3) Subsection (2) is applicable with respect to any electronic communication that is held or maintained on

a remote computing service:(a) On behalf of a subscriber or customer of such service and received by means of electronic transmission

from, or created by means of computer processing of communications received by means of electronictransmission from, a subscriber or customer of such service.

(b) Solely for the purposes of providing storage or computer processing services to a subscriber orcustomer, if the provider is not authorized to access the contents of any such communication for purposes ofproviding any service other than storage or computer processing.

(4)(a) An investigative or law enforcement officer may require a provider of electronic communicationservice or remote computing service to disclose a record or other information pertaining to a subscriber orcustomer of such service, not including the contents of a communication, only when the investigative or lawenforcement officer:

1. Obtains a warrant issued by the judge of a court of competent jurisdiction;2. Obtains a court order for such disclosure under subsection (5);3. Has the consent of the subscriber or customer to such disclosure; or4. Seeks information under paragraph (b).(b) A provider of electronic communication service or remote computing service shall disclose to an

investigative or law enforcement officer the name; address; local and long-distance telephone connection


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records, or records of session times or durations; length of service, including the starting date of service; typesof services used; telephone or instrument number or other subscriber number or identity, including anytemporarily assigned network address; and means and source of payment, including any credit card or bankaccount number of a subscriber to or customer of such service when the governmental entity uses a subpoenaor obtains such information in the manner specified in paragraph (a) for obtaining information under thatparagraph.

(c) An investigative or law enforcement officer who receives records or information under this subsectionis not required to provide notice to a subscriber or customer.

(5) A court order for disclosure under subsection (2), subsection (3), or subsection (4) shall issue only if theinvestigative or law enforcement officer offers specific and articulable facts showing that there arereasonable grounds to believe the contents of a wire or electronic communication or the records of otherinformation sought are relevant and material to an ongoing criminal investigation. A court issuing an orderpursuant to this section, on a motion made promptly by the service provider, may quash or modify such orderif the information or records requested are unusually voluminous in nature or compliance with such orderotherwise would cause an undue burden on such provider.

(6) No cause of action shall lie in any court against any provider of wire or electronic communicationservice, its officers, employees, agents, or other specified persons for providing information, facilities, orassistance in accordance with the terms of a court order, warrant, subpoena, or certification under ss.934.21-934.28.

(7)(a) A provider of wire or electronic communication services or a remote computing service, upon therequest of an investigative or law enforcement officer, shall take all necessary steps to preserve records andother evidence in its possession pending the issuance of a court order or other process.

(b) Records referred to in paragraph (a) shall be retained for a period of 90 days, which shall be extendedfor an additional 90 days upon a renewed request by an investigative or law enforcement officer.

(8) A provider of electronic communication service, a remote computing service, or any other person whofurnished assistance pursuant to this section shall be held harmless from any claim and civil liability resultingfrom the disclosure of information pursuant to this section and shall be reasonably compensated forreasonable expenses incurred in providing such assistance.

History.—s. 9, ch. 88-184; s. 10, ch. 89-269; s. 13, ch. 2000-369; s. 8, ch. 2002-72; s. 2, ch. 2003-71.

934.24 Backup preservation; customer notification; challenges by customer.—(1) An investigative or law enforcement officer acting under s. 934.23(2)(b) may include in the subpoena or

court order upon which such action is based a requirement that the service provider to whom the request isdirected create a backup copy of the contents of the electronic communications sought in order to preservethose communications. Without notifying the subscriber or customer of such subpoena or court order, suchservice provider must create such backup copy as soon as practicable consistent with its regular businesspractices and shall confirm to the investigative or law enforcement officer that such backup copy has beenmade. Such backup copy must be created within 2 business days after receipt by the service provider of thesubpoena or court order.

(2) Notice to the subscriber or customer must be made by the investigative or law enforcement officerwithin 3 days after the receipt of such confirmation, unless such notice is delayed pursuant to s. 934.25(1).

(3) The service provider may not destroy the backup copy until the later of:(a) The actual receipt by the requesting investigative or law enforcement officer of the information; or(b) The resolution of any proceeding, including appeals thereof, concerning the government’s subpoena or

court order.(4) The service provider shall release the backup copy to the requesting investigative or law enforcement

officer no sooner than 14 days after the investigative or law enforcement officer’s notice to the subscriber or


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customer if such service provider:(a) Has not received notice from the subscriber or customer that the subscriber or customer has

challenged the investigative or law enforcement officer’s request, and(b) Has not initiated proceedings to challenge the request of the investigative or law enforcement officer.(5) An investigative or law enforcement officer may seek to require the creation of a backup copy under

subsection (1) if in the sole discretion of such officer there is reason to believe that notification under s.934.23 of the existence of the subpoena or court order may result in destruction of or tampering withevidence. This determination is not subject to challenge by the subscriber or customer or the service provider.

(6) Within 14 days after notice by the investigative or law enforcement officer to the subscriber orcustomer under subsection (2), the subscriber or customer may file a motion to quash the subpoena or vacatethe court order seeking contents of electronic communications, with copies served upon the investigative orlaw enforcement officer and with written notice of such challenge to the service provider. A motion to vacatea court order must be filed in the court which issued the order. A motion to quash a subpoena must be filed inthe circuit court in the circuit from which the subpoena issued. Such motion or application must contain anaffidavit or sworn statement:

(a) Stating that the applicant is a subscriber or customer of the service from which the contents ofelectronic communications maintained for her or him have been sought, and

(b) Stating the applicant’s reasons for believing that the records sought are not relevant to a legitimatelaw enforcement inquiry or that there has not been substantial compliance with the provisions of ss.934.21-934.28 in some other respect.

(7) Except as otherwise obtained under paragraph (3)(a), service must be made under this section upon aninvestigative or law enforcement officer by delivering or mailing by registered or certified mail a copy of thepapers to the person, office, or department specified in the notice which the subscriber or customer hasreceived pursuant to ss. 934.21-934.28. For the purposes of this subsection, the term “delivering” shall beconstrued in accordance with the definition of “delivery” as provided in Rule 1.080, Florida Rules of CivilProcedure.

(8) If the court finds that the customer has complied with subsections (6) and (7), the court shall order theinvestigative or law enforcement officer’s agency or employing entity to file a sworn response, which may befiled in camera if the investigative or law enforcement officer’s agency or employing entity includes in itsresponse the reasons which make in camera review appropriate. If the court is unable to determine themotion or application on the basis of the parties’ initial allegations and response, the court may conduct suchadditional proceedings as it deems appropriate. All such proceedings must be completed and the motion orapplication decided as soon as practicable after the filing of the investigative or law enforcement officer’sagency’s or employing entity’s response.

(9)(a) If the court finds that the applicant is not the subscriber or customer for whom the communicationssought by the governmental entity are maintained, or that there is reason to believe that the lawenforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shalldeny the motion or application and order such process enforced.

(b) If the court finds that the applicant is the subscriber or customer for whom the communications soughtby the governmental entity are maintained, and that there is not reason to believe that the communicationssought are relevant to a legitimate law enforcement inquiry or that there has not been substantial compliancewith the provisions of this chapter, it shall order the process quashed.

(10) A court order denying a motion or application under this section shall not be deemed a final order andno interlocutory appeal or petition or request for discretionary review may be taken therefrom by thecustomer.

History.—s. 9, ch. 88-184; s. 1586, ch. 97-102.


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934.25 Delayed notice.—(1) An investigative or law enforcement officer acting under s. 934.23(2) may:(a) Where a court order is sought, include in the application a request for an order delaying the

notification required under s. 934.23(2) for a period not to exceed 90 days, which request the court shall grantif it determines that there is reason to believe that notification of the existence of the court order may havean adverse result described in subsection (2).

(b) Where a subpoena is obtained, delay the notification required under s. 934.23(2) for a period not toexceed 90 days upon the execution of a written certification of a supervisory official that there is reason tobelieve that notification of the existence of the subpoena may have an adverse result described in subsection(2).

(2) Any of the following acts constitute an adverse result for purposes of subsection (1):(a) Endangering the life or physical safety of an individual.(b) Fleeing from prosecution.(c) Destroying or tampering with evidence.(d) Intimidating potential witnesses.(e) Seriously jeopardizing an investigation or unduly delaying a trial.(3) The investigative or law enforcement officer shall maintain a true copy of a certification obtained

under paragraph (1)(b).(4) Extensions of the delay of notification provided in s. 934.23(2) of up to 90 days each may be granted by

the court upon application, or by certification by an investigative or law enforcement officer, but only inaccordance with subsection (6).

(5) Upon the expiration of the period of delay of notification under subsection (1) or subsection (4), theinvestigative or law enforcement officer must serve upon or deliver by registered or first-class mail to thesubscriber or customer a copy of the process or request together with notice which:

(a) States with reasonable specificity the nature of the law enforcement inquiry, and(b) Informs the subscriber or customer:1. That information maintained for such subscriber or customer by the service provider named in the

process or request was supplied to or requested by the investigative or law enforcement officer and the dateon which such information was so supplied or requested.

2. That notification of such subscriber or customer was delayed.3. What investigative or law enforcement officer or what court made the certification or determination

pursuant to which that delay was made.4. Which provision of ss. 934.21-934.28 allowed such delay.(6) An investigative or law enforcement officer acting under s. 934.23, when not required to notify the

subscriber or customer under s. 934.23(2)(a), or to the extent that such notice may be delayed pursuant tosubsection (1), may apply to a court for an order commanding a provider of electronic communication serviceor remote computing service to whom a warrant, subpoena, or court order is directed, for such period as thecourt deems appropriate, not to notify any other person of the existence of such warrant, subpoena, or courtorder. The court shall enter such order if it determines that there is reason to believe that notification of theexistence of the warrant, subpoena, or court order will result in any of the following:

(a) Endangering the life or physical safety of an individual.(b) Fleeing from prosecution.(c) Destroying or tampering with evidence.(d) Intimidating potential witnesses.(e) Seriously jeopardizing an investigation or unduly delaying a trial.(7) As used in paragraph (1)(b), the term “supervisory official” means the person in charge of an


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investigating or law enforcement agency’s or entity’s headquarters or regional office; the state attorney of thecircuit from which the subject subpoena has been issued; the statewide prosecutor; or an assistant stateattorney or assistant statewide prosecutor specifically designated by the state attorney or statewideprosecutor to make such written certification.

(8) As used in subsection (5), the term “deliver” shall be construed in accordance with the definition of“delivery” as provided in Rule 1.080, Florida Rules of Civil Procedure.

History.—s. 9, ch. 88-184.

934.26 Cost reimbursement.—(1) Except as otherwise provided in subsection (3), a governmental entity which obtains the contents of

communications, records, or other information under s. 934.22, s. 934.23, or s. 934.24 shall pay to the personor entity assembling or providing such information a fee for reimbursement for such costs as are reasonablynecessary and which have been directly incurred in searching for, assembling, reproducing, or otherwiseproviding such information. Such reimbursable costs include any costs incurred due to necessary disruption ofnormal operations of any electronic communication service or remote computing service in which suchinformation may be stored.

(2) The amount of the fee provided by subsection (1) shall be as mutually agreed upon by thegovernmental entity and the person or entity providing the information or, in the absence of agreement, shallbe as determined by the court which issued the order for production of such information or the court beforewhich a criminal prosecution relating to such information would be brought if no court order was issued forproduction of the information.

(3) The requirement of subsection (1) does not apply with respect to records or other informationmaintained by a communications carrier that relate to telephone toll records and telephone listings obtainedunder s. 934.23. The court may, however, order a payment as described in subsection (1) if the courtdetermines the information required is unusually voluminous in nature or otherwise causes an undue burdenon the provider.

History.—s. 9, ch. 88-184.

934.27 Civil action: relief; damages; defenses.—(1) Except as provided in s. 934.23(5), any provider of electronic communication service, or subscriber or

customer thereof, aggrieved by any violation of ss. 934.21-934.28 in which the conduct constituting theviolation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from theperson or entity which engaged in that violation such relief as is appropriate.

(2) In a civil action under this section, appropriate relief includes:(a) Such preliminary and other equitable or declaratory relief as is appropriate.(b) Damages under subsection (3).(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.(3) The court may assess as damages in a civil action under this section the sum of the actual damages

suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall aplaintiff entitled to recover be awarded less than $1,000.

(4) A good faith reliance on any of the following is a complete defense to any civil or criminal actionbrought under ss. 934.21-934.28:

(a) A court warrant or order, a subpoena, or a statutory authorization, including, but not limited to, arequest of an investigative or law enforcement officer to preserve records or other evidence, as provided in s.934.23(7).

(b) A request of an investigative or law enforcement officer under s. 934.09(7).(c) A good faith determination that s. 934.03(3) permitted the conduct complained of.


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(5) A civil action under this section may not be commenced later than 2 years after the date upon whichthe claimant first discovered or had a reasonable opportunity to discover the violation.


934.28 Exclusivity of remedies and sanctions.—The remedies and sanctions described in ss.934.21-934.27 are the only judicial remedies and sanctions for violation of those sections.

History.—s. 9, ch. 88-184.

934.31 General prohibition on pen register and trap and trace device use; exception.—(1) Except as provided in this section, no person may install or use a pen register or a trap and trace

device without first obtaining a court order under s. 934.33.(2) The prohibition of subsection (1) does not apply with respect to the use of a pen register or a trap and

trace device by a provider of electronic or wire communication service:(a) Which relates to the operation, maintenance, and testing of a wire or electronic communication

service or to the protection of the rights or property of the provider or to the protection of users of thatservice from abuse of service or unlawful use of service;

(b) To record the fact that a wire or electronic communication was initiated or completed in order toprotect the provider thereof, another provider furnishing service toward the completion of the wirecommunication, or a user of the service, from fraudulent, unlawful, or abusive use of service; or

(c) Where the consent of the user of the service has been obtained.(3) An investigative or law enforcement officer authorized to install and use a pen register or trap and

trace device under ss. 934.31-934.34 shall use technology reasonably available to him or her which restricts therecording or decoding of electronic or other impulses to the dialing, routing, addressing, and signalinginformation used in processing and transmitting wire or electronic communications so that the contents of anywire or electronic communications are not recorded or decoded.

(4)(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officerspecially designated by the Governor, the Attorney General, the statewide prosecutor, or a state attorneyacting pursuant to this chapter, who reasonably determines that:

1. An emergency exists which:a. Involves immediate danger of death or serious physical injury to any person or the danger of escape of a

prisoner; andb. Requires the installation and use of a pen register or a trap and trace device before an order

authorizing such installation and use can, with due diligence, be obtained; and2. There are grounds upon which an order could be entered under this chapter to authorize such

installation and use,

may have installed and use a pen register or trap and trace device if, within 48 hours after the installation hasoccurred or begins to occur, an order approving the installation or use is issued in accordance with s. 934.33.

(b) In the absence of an authorizing order, such use shall immediately terminate when the informationsought is obtained, when the application for the order is denied, or when 48 hours have lapsed since theinstallation of the pen register or trap and trace device, whichever is earlier.

(c) The knowing installation or use by any investigative or law enforcement officer of a pen register ortrap and trace device pursuant to paragraph (a) without application for the authorizing order within 48 hoursafter the installation constitutes a violation of s. 934.31.

(d) A provider of wire or electronic service, landlord, custodian, or other person who has furnishedfacilities or technical assistance pursuant to this subsection shall be held harmless from any claims and civilliability resulting from the disclosure of information pursuant to this subsection and shall be reasonablycompensated for reasonable expenses incurred in providing such facilities and assistance.


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(5) Whoever knowingly violates subsection (1) is guilty of a misdemeanor of the first degree, punishable asprovided in s. 775.082, s. 775.083, or s. 934.41.


934.32 Application for an order for a pen register or a trap and trace device.—(1)(a) The Governor, the Attorney General, a state attorney, the statewide prosecutor, or a designated

assistant state attorney or assistant statewide prosecutor may make application for an order or an extensionof an order under s. 934.33 authorizing or approving the installation and use of a pen register or a trap andtrace device under this chapter, in writing under oath or equivalent affirmation, to the judge of a court ofcompetent jurisdiction.

(b) An investigative or law enforcement officer may make application for an order or an extension of anorder under s. 934.33 authorizing or approving the installation and use of a pen register or a trap and tracedevice under this chapter, in writing under oath or equivalent affirmation, to the judge of a court ofcompetent jurisdiction.

(2) An application under subsection (1) must include:(a) The identity of the applicant specified in the section and the identity of the law enforcement agency

conducting the investigation, and(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing

criminal investigation being conducted by the investigating agency.History.—s. 10, ch. 88-184.

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 courtfinds that the applicant specified in s. 934.32(1) has certified to the court that the information likely to beobtained by such installation and use is relevant to an ongoing criminal investigation. Whenever such order isserved on any person or entity not specifically named in the order, upon request of such person or entity, theperson specified in s. 934.32 who has requested and is serving such order shall provide written or electroniccertification 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 trapand trace device is to be attached or applied and, in the case of an order authorizing installation and use of atrap 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 trapand trace device relates.

(b) Must direct, upon the request of the applicant, the furnishing of information, facilities, and technicalassistance 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 atrap 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. 934.32and upon the judicial finding required by subsection (1). The period of extension may not exceed 60 days.


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(4) An order authorizing or approving the installation and use of a pen register or a trap and trace devicemust 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, notdisclose the existence of the pen register or trap and trace device or the existence of the investigation to thelisted 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 requiredunder 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 sectionseeks to do so by installing and using its own pen register or trap and trace device on a packet-switched datanetwork of a provider of electronic communication service to the public, the agency must ensure that a recordis maintained which identifies:

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

2. The date and time the device was installed; the date and time the device was uninstalled; and thedate, 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 thatconfiguration; 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 electronicallythroughout 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 thatentered the ex parte order authorizing the installation and use of the device within 30 days after terminationof the order, including any extension of the order.


934.34 Assistance in installation and use of a pen register or a trap and trace device.—(1) Upon the request of the applicant specified in s. 934.32(1), a provider of wire or electronic

communication service, landlord, custodian, or other person shall furnish such investigative or lawenforcement officer or other applicant forthwith all information, facilities, and technical assistance necessaryto accomplish the installation of a pen register unobtrusively and with a minimum of interference with theservices that the person so ordered by the court accords the party with respect to whom the installation anduse is to take place, or such other assistance to support the investigation, if such assistance is directed by acourt order as provided in s. 934.33(2)(b).

(2) Upon the request of the applicant specified in s. 934.32(1), a provider of a wire or electroniccommunication service, landlord, custodian, or other person shall install a trap and trace device forthwith onthe appropriate line or other facility and shall furnish such investigative or law enforcement officer or otherapplicant all additional information, facilities, and technical assistance, including installation and operation ofthe device unobtrusively and with a minimum of interference with the services that the person so ordered bythe court accords the party with respect to whom the installation and use is to take place if such installationand assistance is directed by a court order as provided in s. 934.33(2)(b). Unless otherwise ordered by thecourt, the results of the trap and trace device shall be furnished, pursuant to s. 934.31(4) or s. 934.33(2)(b), toan officer of the law enforcement agency designated in the court order at reasonable intervals during regularbusiness hours for the duration of the order. The obligation of a provider of electronic communication serviceunder such an order or under such emergency pen register or trap and trace device installation may include,


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but is not limited to, conducting an in-progress trace, or providing other assistance to support theinvestigation as may be specified in the order.

(3) A provider of a wire or electronic communication service, landlord, custodian, or other person whofurnished facilities or technical assistance pursuant to this section shall be reasonably compensated for suchreasonable expenses incurred in providing such facilities and assistance.

(4) No cause of action shall lie in any court against any provider of a wire or electronic communicationservice, its officers, employees, agents, or other specified persons for providing information, facilities, orassistance in accordance with the terms of a court order under ss. 934.31-934.34.

(5) A good faith reliance on a court order or a statutory authorization is a complete defense against anycivil or criminal action brought under ss. 934.31-934.34.


934.41 Alternative penalty.—(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation

of this chapter, through which she or he derived pecuniary value, or by which she or he caused propertydamage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gainedor three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigationand prosecution, reasonably incurred.

(2) The court shall hold a hearing to determine the amount of the fine authorized by subsection (1).(3) For the purposes of subsection (1), “pecuniary value” means:(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything

else the primary significance of which is economic advantage; or(b) Any other property or service that has a value in excess of $100.History.—s. 15, ch. 89-269; s. 1587, ch. 97-102.

934.42 Mobile tracking device authorization.—(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction

for an order authorizing or approving the installation and use of a mobile tracking device.(2) An application under subsection (1) of this section must include:(a) A statement of the identity of the applicant and the identity of the law enforcement agency conducting

the investigation.(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing

criminal investigation being conducted by the investigating agency.(c) A statement of the offense to which the information likely to be obtained relates.(d) A statement whether it may be necessary to use and monitor the mobile tracking device outside the

jurisdiction of the court from which authorization is being sought.(3) Upon application made as provided under subsection (2), the court, if it finds that the certification and

statements required by subsection (2) have been made in the application, shall enter an ex parte orderauthorizing the installation and use of a mobile tracking device. Such order may authorize the use of thedevice within the jurisdiction of the court and outside that jurisdiction but within the State of Florida if thedevice is installed within the jurisdiction of the court.

(4) A court may not require greater specificity or additional information beyond that which is required bythis section as a requisite for issuing an order.

(5) The standards established by the United States Supreme Court for the installation and monitoring ofmobile tracking devices shall apply to the installation and use of any device as authorized by this section.

(6) As used in this section, a “tracking device” means an electronic or mechanical device which permitsthe tracking of the movement of a person or object.


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History.—s. 16, ch. 89-269.

934.43 Criminal disclosure of subpoena, order, or authorization.—(1) Any person having knowledge of a warrant, subpoena, application, order, or other authorization which

has been issued or obtained pursuant to the action of an investigative or law enforcement officer asauthorized by this chapter, who:

(a) With intent to obstruct, impede, or prevent an investigation, criminal prosecution, or civil, regulatory,or forfeiture action on behalf of the State of Florida or a political subdivision thereof; or

(b) With intent to obstruct, impede, or prevent the obtaining by an investigative or law enforcementofficer of the information or materials sought pursuant to such warrant, subpoena, application, order, orauthorization

gives notice or attempts to give notice of the investigation, criminal prosecution, or civil, regulatory, orforfeiture action, warrant, subpoena, application, order, or other authorization to any person commits a felonyof the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.

(2) This section does not prevent disclosure of the existence of the warrant, subpoena, application, order,or other authorization as otherwise provided under this chapter.

History.—s. 17, ch. 89-269.



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Documents

Constitutional and Statutory Provisions Involved, Petition No. 12-7747