The 2023 Florida Statutes (including Special Session C)
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. . . See § 934.03(1), Fla. . . .
. . . Section 934.03(1), Florida Statutes (2016), generally prohibits the intentional interception of oral . . .
. . . Section 934.03, Florida Statutes prohibits the interception and disclosure of wire, oral, or electronic . . .
. . . Liability under Section 934.03(1) requires that the defendant "intercept" a call, but the Florida Statutes . . . A company incurs no liability under Section 934.03(1) if the company intercepts the call through a telephone . . . course of business, the "business extension" provisions except Quicken from liability under Section 934.03 . . . (Doc. 40-1 at 2-3) Under Nece's (erroneous) interpretation of Section 934.03, the unauthorized and undisclosed . . . of Quicken's corporate representatives, who purportedly "confirmed" Quicken's violation of Section 934.03 . . .
. . . See § 934.03(2)(c), Fla. Stat. (2015). ORFINGER, WALLIS and LAMBERT, JJ., concur. . . .
. . . . § 934.03 (2016). . . . The court did not parse § 934.03, assuming that it applied to the recording. . . . The court held that § 934.03 as applied to McDonough did not violate the First Amendment because it was . . . Stat. § 934.03 (2016). . . . This injury-in-fact is directly traceable to the letter threatening prosecution under § 934.03. . . .
. . . Section 934.03(2)(c) provides an exception to the general rule prohibiting secret recordings when the . . . direction of an investigative or law enforcement officer” and does not prevent application of section 934.03 . . . 882 (Fla. 4th DCA 2010), the court held that a recording may qualify under the exception in section 934.03 . . .
. . . “[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective . . .
. . . The Florida Supreme Court has held that “for an oral conversation to be protected under section 934.03 . . .
. . . .” § 934.03(l)(a). . . . For purposes of section 934.03, an “oral communication” is defined as “any oral communication uttered . . . Section 934.03(2) enumerates exceptions to the general prohibitions in section 934.03(1). . . . . § 934.03(2)(d). In State v. . . . See § 934.03(l)(a). In McDade II, the victim intentionally and secretly recorded Mr. . . .
. . . Sunbeam Television Corp., 351 So.2d 723 (Fla.1977), which upheld section 934.03(2)(d), Florida Statutes . . .
. . . . § 934.03(1). . . .
. . . Section 934.03(1), Florida Statutes (2010), contains a general prohibition on the interception of any . . . in section 934.03(1). . . . One of these exceptions is for situations in which all parties to the conversation have consented. § 934.03 . . . The State does not argue that any of the exceptions listed in section 934.03(2) are applicable in this . . . not consent to the conversations being recorded, and none of the other exceptions listed in section 934.03 . . .
. . . Furthermore, the Tsavaris court focused its attention on whether the exceptions listed in section 934.03 . . .
. . . Statutes (2006), and to the offense of interception and disclosure of electronic communications, section 934.03 . . .
. . . the conversations were recorded without the consent of all of the parties, in violation of section 934.03 . . . parties to the communication consented to the interception or the interception is authorized by law. § 934.03 . . . Section 934.03(2)(c) grants law enforcement or a person acting under the direction of law enforcement . . . Although Chapter 934 was not implicated because section 934.03(2)(c) permits such interceptions by law . . . s Constitution prohibits warrantless interception of private communications notwithstanding section 934.03 . . .
. . . . § 934.03(2)(d), Fla. Stat. (2010). . . . officers to record a communication in furtherance of a criminal investigation if one party consents, § 934.03 . . .
. . . Section 934.03(1) generally prohibits the interception of any wire or oral communication. . . . Section 934.03(2) provides a list of “exceptions” to this general prohibition on intercepting communications . . . of the exceptions is if all of the parties to the conversation have consented to the interception. § 934.03 . . . Thus, the plain language of sections 934.03 and 934.06 prohibits the admission of the recordings at issue . . . DCA 2005) (reviewing the trial court’s decision to exclude electronic communications under section 934.03 . . . the preceding section, by shifting the analysis of this statute from the strong language in section 934.03 . . . This broad policy was subject to enumerated exceptions in section 934.03(2). . . . By relying on section 934.02(2) instead of section 934.03, the holding in Inciarrano flips the burden . . . Arguably, the societal-approval test is actually a determination that section 934.03(1) is unconstitutional . . .
. . . whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03 . . .
. . . . § 934.03(2)(c), authorizes a law enforcement officer to intercept a communication electronically when . . . Stat. § 934.03(2)(c). IV. Florida law gives courts discretion in responding to jury questions. Fla. . . .
. . . the result of an illegal interception and disclosure of oral communications, prohibited by section 934.03 . . . On the subject of section 934.03, the supreme court focused on the statutory phrase requiring the oral . . . , the court applied the same rule, that is, “for an oral conversation to be protected under section 934.03 . . . there is no reasonable expectation of privacy in a police car, the supreme court concluded “section 934.03 . . .
. . . See § 934.03, Fla. Stat. (2009). Ms. . . . See §§ 934.03, .10, Fla. Stat. (2009). . . . seem to be necessary that her conduct in North Carolina constituted a criminal violation of section 934.03 . . .
. . . The court determined that the recording fell within the exception in section 934.03(2)(g)2, which the . . . when necessary to obtain information required to provide the emergency services being requested,. § 934.03 . . . The plain language of section 934.03(2)(g)2 allows emergency agencies to record only (1) incoming 911 . . . See § 934.03(2)(g)2, Fla. Stat. (1985); see also Fla. S. . . . language of the statute and its legislative history, we reject the State’s contention that section 934.03 . . .
. . . Both Hentz and the State agree that section 934.03, Florida Statutes, is determinative in the present . . . with a duly authorized criminal investigation; shall be punished as provided in subsection (4).[] § 934.03 . . . Subsection (4) provides that a violation of subsection (1) is a third degree felony. § 934.03(4)(a), . . . party to the intercepted communication or has the prior consent of a party to the communication. § 934.03 . . .
. . . duty, securities fraud, common law fraud, and illegal interception of communications under section 934.03 . . . Finally, it alleged illegal interception of communications in violation of section 934.03, based upon . . . Section 934.03(l)(a) provides: Interception and disclosure of wire, oral, or electronic communications . . . whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03 . . .
. . . was sufficient to render the victim’s “interception” of the phone communication lawful under section 934.03 . . . The trial court properly admitted the recording into evidence under subsection 934.03(2)(c), Florida . . . Subsection 934.03(1) generally prohibits the intentional interception and disclosure of wire, oral, or . . . However, subsection 934.03(2) provides several exceptions to the general prohibition, including this . . . Rather, we held that the facts in Miller satisfied subsection 934.03(2)(c), without creating any minimum . . .
. . . Cfi 934.03, Fla. Stat. (2006) (excluding wiretap recordings obtained in violation of chapter 934). . . .
. . . .”); see also § 934.03(2)(c), Fla. Stat. (2006). . . .
. . . . § 934.03(l)(a)). . . . .
. . . Pursuant to Florida law, It is lawful under ss. 934.03-934.09 for an investigative or law enforcement . . . such interception and the purpose of stick interception is to obtain evidence of a criminal act. § 934.03 . . .
. . . “Florida State Statutes, 923.03 1A (FT) — Eavesdropping—Illegal Interception of Communication, and 934.03 . . .
. . . See § 934.03, Fla. Stat. (2002). Neely recorded the call from his office in Nebraska. . . . See §§ 934.03, .10, Fla. Stat. (2007). . . . necessary that Neely's conduct in his office in Nebraska constitute a criminal violation of section 934.03 . . .
. . . Section 934.03(1), Florida Statutes (2000), of the Florida Communications Act prohibits the intentional . . . such interception and the purpose of such interception is to obtain evidence of a criminal act.” § 934.03 . . . Another exception is found in section 934.03(2)(g), Florida Statutes (2000), which authorizes recordings . . . Beyond the exceptions found in section 934.03, the City argues that the Florida Emergency Telephone Act . . .
. . . a “non-custodial” statement and argues that it should have been suppressed as illegal under section 934.03 . . .
. . . motion for summary judgment claiming that judgment should be entered in its favor on Keating’s section 934.03 . . . Section 934.03(1)(c) and (d) of the Florida Statutes (1995), sets forth criminal penalties for any person . . . See § 934.03(1)(c) & (d), Fla. Stat. (1995). . . .
. . . See § 934.03(2)(e), Fla. Stat. (2002); Commerford v. . . .
. . . Stat. (2002) (defining pen register); §§ 934.03-.09, Fla. . . .
. . . between the victim and her Mend, as admission of the conversation violated the wiretap statute, sections 934.03 . . . Section 934.03 makes intentional interception of telephone conversations unlawful, unless it falls within . . . Section 934.03(2)(c) provides a law enforcement exception: It is lawful under ss. 934.03-934.09 for an . . . Id. at 935; § 934.03(2)(c), Fla. Stat. . . . The recording of the conversation between A.S. and Doctor violated section 934.03. . . .
. . . in the dressing room of his modeling studio intercepted oral communications in violation of section 934.03 . . .
. . . wire, oral, or electronic communications are intercepted, disclosed, or used in violation of sections 934.03 . . .
. . . Ann. § 934.03(l)(a). . . . Ann. § 934.03(l)(a). . . . Ann. § 934.03(4). . . . Aim. § 934.03(l)(a). . . . . See § 934.03(2)(c). . . .
. . . unlawfully intercepting and/or endeavoring to intercept an oral communication in violation of section 934.03 . . . all participants, does not constitute an interception of an oral communication prohibited by section 934.03 . . . Accordingly, the entities argued that the then recent amendment to section 934.03(2)(d) impaired its . . . Instead, it criminalized only the willful interception of wire or oral communication. § 934.03(l)(a). . . . "Section 934.03(2)(d), Florida Statutes, was amended in 1974, by Chapter 74-249 (S.459), Laws of Florida . . .
. . . Specifically, we must determine whether the trial court properly concluded that pursuant to section 934.03 . . . trial court found that the electronic communications were illegally obtained in violation of section 934.03 . . . interfere with a duly authorized criminal investigation; shall be punished as provided in subsection (4). § 934.03 . . . The clear intent of the Legislature in enacting section 934.03 was to make it illegal for a person to . . . Act, it is illegal and punishable as a crime under the Act to intercept electronic communications. § 934.03 . . .
. . . . § 934.03(l)(c). Plaintiff seeks recovery for damages under 18 U.S.C. § 2520 and Fla. . . . Applicability of the Florida Statute Florida Statute § 934.03 provides language substantively identical . . . Based on these events, Plaintiff claims that Defendant violated Florida Stat. § 934.03(c), which prohibits . . . Stat. §§ 934.03, 934.10 because Defendant did not avail himself of the protection of Florida law and . . . Stat. § 934.03(l)(c) provides substantively identical language as 18 U.S.C. § 251 l(l)(c). . . . .
. . . whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03 . . . Smith, 641 So.2d 849, 852 (Fla.1994) (“[F]or an oral conversation to be protected under section 934.03 . . .
. . . . § 934.03(1) (2001). . . . Ann. §§ 934.03(4)(a) & 775.082 to .083 (2001). . . . Ann. § 934.03 (”[A]ny person who: (a) Intentionally intercepts, endeavors to intercept, or procures any . . .
. . . The Rubino complaint asserted claims for violation of section 934.03, Florida Statutes, and common law . . . invasion of privacy alleging that (1) Bates violated section 934.03, Florida Statutes, by intercepting . . . Section 934.03, a penal statute, provides, in pertinent part, that unless all parties to the communication . . . Section 934.10 provides an injured party with civil remedies for violation of section 934.03. . . . . Reliance Insurance remains persuasive despite its construction of a predecessor version of section 934.03 . . .
. . . application to a judge of competent jurisdiction for, and such judge may grant in conformity with ss. 934.03 . . .
. . . conversation occurred over the telephone, there would be nothing amiss about it pursuant to section 934.03 . . .
. . . . §934.03(1) (Supp. 2001); Ga. Code Ann. §16-11-66.1 (1996); Haw. Rev. . . .
. . . United States Constitution by Article I, Sections 12 and 23 of the Florida Constitution, and by sections 934.03 . . .
. . . [collectively “defendants”], violated section 934.03, Florida Statutes (1989), making it unlawful to . . . Defendants filed a motion for summary judgment asserting that section 934.03 had not been violated: Lamaletto . . . of a reasonable expectation of privacy, Jatar’s oral communications were not protected under section 934.03 . . . An oral communication is protected under section 934.03 if it satisfies two conditions: “A reasonable . . .
. . . . § 934.02(3), (4); 934.03(1). . . .
. . . . §§ 934.03, 812.15; Haw. . . .
. . . . §§ 934.03(l)(c) & 934.10 (West 1996), these statutes are patterned after the federal statute and do . . . . § 934.03(l)(c)— which, in relevant respects, is identical to 18 U.S.C. § 2511(l)(c). . . .
. . . See § 934.03(l)(a), (b), Fla. Stat. . . . the interception of a wire, oral, or electronic communications in violation of this subsection _” § 934.03 . . .
. . . HARRIS, J., concurring specially: I concur with Judge Dauksch because I find section 934.03(2)(c), Florida . . . Statutes, neither complicated nor ambiguous: It is lawful under- §§ 934.03-934.09 for an investigative . . . I would interpret the language in section 934.03(2)(c), which makes legal and usable in court wiretap . . . telephone conversation taken place under those circumstances, I think the statutory exception of section 934.03 . . . If “purpose,” as used by section 934.03(2)(c) is broadly interpreted, so as to encompass this conversation . . . The pertinent statute is section 934.03(2)(c) and it provides that it is lawful for a law enforcement . . .
. . . here was recorded by a law enforcement officer with the consent of the victim as authorized by section 934.03 . . . (2)(c), Florida Statutes (1995), which provides: 934.03 Interception and disclosure of wire, oral, or . . . electronic communications prohibited.- (2)(c) It is lawful under ss. 934.03-934.09 for an investigative . . .
. . . Section 934.03(2)(c), Florida Statutes (1997), permits a warrantless interception of oral communications . . . State, 444 So.2d 1135 (Fla. 2d DCA 1984); § 934.03, Fla. Stat. (1997). . . .
. . . order authorizing or approving the interception of a wire, oral, or electronic communication under §§ 934.03 . . .
. . . direction of investigative officers of the Insurance department — all in full compliance with section 934.03 . . . both totally unsupported by the language of section 934.07 and directly contrary to that of section 934.03 . . . To the contrary, the prior version of section 934.03(2)(c) was amended in 1988, Ch. 88-184, § 2, Laws . . . Reversed. . 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited . . . . * * * # # * (c) It is lawful under ss. 934.03-934.09 for an investigative or law enforcement officer . . .
. . . . § 934.03(2)(c). . . .
. . . Section 934.03 (2)(e), Florida Statutes (1993) provides: It is lawful under ss. 934.03-934.09 for an . . . trial court found that the interception and recording in the instant case were permitted under section 934.03 . . . That this court finds that under the facts of this case, that the provisions of Fla.Stat. 934.03(2)(c . . . applied to telephone conversations taped with the consent of one of the parties as provided in section 934.03 . . . Accordingly, we hold that the interception here complied with the requirements of section 934.03(2)(c . . .
. . . Section 934.03 provides in part that any person who intercepts an “oral ... communication” is guilty . . .
. . . . §§ 934.03, 934.07, Fla.Stat. (1993). . . .
. . . tape recording was inadmissible in evidence because it was made by the police in violation of Section 934.03 . . .
. . . daughter because it was taped under the direction of a law enforcement officer as permitted by paragraph 934.03 . . .
. . . ascertained the tape recorder was turned on, then placed Edwards under arrest for violation of section 934.03 . . . The Department’s interest in the possible violation of section 934.03(1) related solely to discipline . . . Since that dismissal was based upon the alleged violation of section 934.03(1), we must determine whether . . . Pursuant to section 934.03(l)(a) and (4), any person who “[intentionally intercepts, endeavors to intercept . . . It appears the protections afforded by section 934.03 are inapplicable in the circumstances of this case . . .
. . . charged by information with two counts of intercepting a telephone conversation in violation of section 934.03 . . . Appellant was charged with violating section 934.03(l)(a), Florida Statutes (1991), which provides: ( . . . Section 934.03(4) provides that except in cases dealing with certain radio communications, such offense . . . good faith reliance on: (a) A court order, subpoena, or legislative authorization as provided in ss. 934.03 . . . See section 934.03(2)(d), requiring that all parties to a communication consent to the interception, . . .
. . . appellee Edwards’ Criminal Rule 3.190(c)(4) motion and dismissed a criminal charge brought under section 934.03 . . . superiors at work, these statements did not constitute “oral statements” within the purview of section 934.03 . . .
. . . and unauthorized tape recordings violate Florida’s constitutional right of privacy as well as section 934.03 . . . We find section 934.03, which provides that it is a crime to willfully intercept oral communications, . . . Thus, for an oral conversation to be protected under section 934.03 the speaker must have an actual subjective . . . Because we find that there is no reasonable expectation of privacy in a police car, section 934.03 does . . . Section 934.03, Florida Statutes (1991), provides in relevant part: (1) Except as otherwise specifically . . .
. . . Ch. 88-184, § 2, at 1022 (codified as amended at § 934.03(2)(i)l., Fla.Stat. (Supp.1988)). . . .
. . . . § 2510(2) with section 934.03(2). . . .
. . . arrest or otherwise “detained” constitute an invasion of the right of privacy and a violation of section 934.03 . . .
. . . of a police car constitutes an invasion of his privacy and a violation of Florida Statutes Section 934.03 . . .
. . . unauthorized tape recordings constitute an invasion of the right of privacy and a violation of section 934.03 . . .
. . . expectation of privacy, it necessarily follows that what transpired sub judice was in violation of section 934.03 . . .
. . . recordings, of telephone conversations with the plaintiffs in that suit in alleged violation of section 934.03 . . . Section 934.03 provides, in pertinent part, that [A]ny person who ... . . . the damage suit against the insured alleges that the recordings were “intentional,” whereas section 934.03 . . . Contrary to the insured’s arguments, to be in willful or intentional violation of section 934.03 and . . . That is, just as section 934.03, by providing that the willful interception of wire or oral communications . . .
. . . based on F.S. 934.10 — Civil remedies for violations of Florida’s Securities of Communications Law, § 934.03 . . . WANDERS in illegally using a device to intercept an oral communication uttered by him violated both F.S. 934.03 . . .
. . . charges against David Sells, for endeavoring to intercept oral communications in violation of section 934.03 . . .
. . . person whose wire, oral, or electronic communication is intercepted ... in violation of [sections] 934.03 . . . Ann. § 934.03(2)(d) (West Supp.1990). . . .
. . . office acted pursuant to the authority of a state attorney and therefore acted lawfully under section 934.03 . . .
. . . . § 934.03(2)(c), Fla.Stat. (1987). . . .
. . . Section 934.03, Florida Statutes (1989), prohibits the intentional interception of any wire, oral, or . . . Section 934.03(2)(c) allows a law enforcement officer to intercept a communication when one of the parties . . . conversation should be suppressed because her friend had not voluntarily consented to place the call. § 934.03 . . .
. . . Appellant contends that the recording was a violation of § 934.03, Florida Statutes (1985) which prohibits . . .
. . . Welker, 536 So.2d 1017 (Fla.1988); § 934.03(2)(c), Fla.Stat. (1987). REVERSED and REMANDED. . . .
. . . State, 489 So.2d 150 (Fla. 4th DCA 1986), and section 934.03(l)(c), Florida Statutes (1985). . . .
. . . For purposes of obtaining evidence of a criminal act, section 934.03(2)(c) authorizes a law enforcement . . .
. . . had indicated that in his opinion “it was a third degree felony violation of the law” (see section 934.03 . . .
. . . telephone conversation of the accomplice, Batista, because he feared that his own criminal violation of § 934.03 . . . no real effect upon the verdict, I strongly disagree with that conclusion, .Since a violation of § 934.03 . . . necessarily was influenced — at least to some degree — by the fact that he had, in violation of Section 934.03 . . .
. . . was convicted of five felony counts of interception of oral communications in violation of section 934.03 . . . expectation and society is prepared to accept that expectation as reasonable, a violation of section 934.03 . . .
. . . . § 934.03(2)(c). . . . Other cases have discussed the Tollett requirement as if it were based on a construction of § 934.03. . . .
. . . . § 934.03(2)(c), Fla.Stat. (1977). . . . holding it unconstitutional under the Florida Constitution as follows: [I]nsofar as that statute [§ 934.03 . . .
. . . Section 934.03(2)(d), Florida Statutes (1983), makes unlawful any tape recording of an “oral communication . . . Since neither the deputy nor the E/C have relied upon the provisions of section 934.03 to support denial . . .
. . . Therefore, Subsection 934.03(2)(c), Florida Statutes (1985), authorizes such a recording even though . . .
. . . (emphasis mine) Furthermore, section 934.03, Florida Statutes, makes it unlawful for any person (including . . . The videotaping was an unlawful interception of an oral communication in violation of section 934.03, . . .
. . . moved to suppress the tape of the conversation between himself and the victim on the basis that section 934.03 . . . Section 934.03 describes the limited circumstances where the interception of oral communications is lawful . . . subject communication did not fall within any situations permitting interception set forth in section 934.03 . . . reasonable expectation of privacy, Ineiarrano’s “oral communications” were not protected under section 934.03 . . .
. . . been required to testify in person for the court to determine his consent to the recordings. , Section 934.03 . . . Section 934.03(2)(c) provides: It is lawful under this chapter for a law enforcement officer or a person . . .
. . . . §§ 934.03 et seq. . . .