The 2023 Florida Statutes (including Special Session C)
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. . . J §§ 934.06-934.07). . . .
. . . communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07 . . .
. . . . § 934.07(l)(a). . . .
. . . communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07 . . .
. . . Fratello, 835 So.2d 312 (Fla. 5th DCA 2002), in which the district court declared invalid section 934.07 . . . Florida RICO statute do constitute crimes “dangerous to life, limb, or property,” and therefore section 934.07 . . . Wiretap Authorization The issue in this case is the validity of part of the Florida wiretap statute, § 934.07 . . . Section 934.07, Florida Statutes (1999), establishes the state procedures for authorizing the interception . . . cause to believe (1) that an individual is, has, or is about to commit an offense named in section 934.07 . . .
. . . the court considered whether the State was required to seek court authorization pursuant to sections 934.07 . . . appellant’s display pager without seeking or receiving the court authorization required by sections 934.07 . . . any communication via a pager other than a tone-only pager requires a wire tap order under sections 934.07 . . .
. . . . § 934.07 (1997). . . . Stat. § 934.07 (1997). . . . Stat. § 934.07 (1997). . . . Of these, only murder is listed in § 934.07. . . . Stat. § 934.07 (1997). . . .
. . . Pursuant to this grant of authority, the Florida Legislature enacted a wiretap statute, section 934.07 . . . (1999), which authorizes the interception of wire, oral, and electronic communications as follows: 934.07 . . . review, the trial court granted the defendants’ motion, concluding that “to the extent that [section] 934.07 . . . enumerates a more expansive list of offenses where wiretaps are authorized, including prostitution. § 934.07 . . . However, under the circumstances of this case, section 934.07 cannot be read as authorizing wiretaps . . .
. . . affidavit seeking authorization to intercept and record oral and wire communications under subsections 934.07 . . .
. . . statutorily unauthorized because the investigation did not relate to any of the offenses specified in section 934.07 . . . Briefly, it is clear that the lower court’s ruling is both totally unsupported by the language of section 934.07 . . . to such interception and the purpose of such interception is to obtain evidence of a criminal act. . 934.07 . . .
. . . the Florida Constitution required the police to obtain an order of authorization pursuant to section 934.07 . . . authorization prior to the interception, which must be in accord with the procedure set forth in Fla.Stat. 934.07 . . . not including sexual battery as a crime for which a court ordered intercept may be obtained under ss. 934.07 . . . prior to the interception, that the police obtain court authorization pursuant to the requirements of 934.07 . . .
. . . Section 934.07 provides that a state attorney may authorize an application to a judge for an order authorizing . . .
. . . . §§ 934.03, 934.07, Fla.Stat. (1993). . . .
. . . Section 934.07, Florida Statutes (1991), part of which the district court held invalid in this case, . . . The court concluded that “to the extent that [section] 934.07 permits the authorization of wiretaps to . . . enumerates a more expansive list of offenses where wiretaps are authorized, including prostitution. § 934.07 . . . However, under the circumstances of this case, section 934.07 cannot be read as authorizing wiretaps . . . Section 934.07, Florida Statutes (1991), authorizes the interception of wire, oral, or electronic communications . . .
. . . A DUPLICATE DISPLAY PAGER, THE STATE OF FLORIDA MUST FIRST SEEK AUTHORIZATION PURSUANT TO SECTIONS 934.07 . . . We rephrase the question to read: MUST THE STATE OF FLORIDA SEEK AUTHORIZATION PURSUANT TO SECTIONS 934.07 . . . who wanted to intercept such communications must follow the wiretap procedures set forth in sections 934.07 . . . Sections 934.07 and 934.09 set out a stringent procedure that applicants must follow to intercept wire . . . that an individual is committing, has committed, or is about to commit an offense listed in section 934.07 . . .
. . . individual is committing, has committed, or is about to commit a particular offense enumerated in s. 934.07 . . .
. . . Section 934.07, Florida Statutes (1991) states in relevant part: [A]ny state attorney may authorize an . . .
. . . to intercept numbers called into the original display pager, the specific requirements of sections 934.07 . . . state candidly concedes that if a duplicate display pager is covered by the requirements of sections 934.07 . . . Section 934.07 strictly defines a limited category of individuals who can authorize an application before . . . Ch. 88-184, § 5, at 1024, and § 7, at 1025 (codified as amended at §§ 934.07 and 934.09, Fla.Stat. . . . As noted, the state concedes, and the record reflects, noncompliance with sections 934.07 and 934.09. . . .
. . . individual is committing, has committed, or is about to commit a particular offense enumerated in s. 934.07 . . .
. . . . § 934.07, F.S.A., authorizing interception of wire or oral communications of persons, is a statutory . . .
. . . individual is committing, has committed, or is about to commit a particular offense enumerated in s. 934.07 . . .
. . . statement of other applications, and that fully satisfied the statutory criteria set forth in F.S. 934.07 . . . that the failure to sign did not in any way deprive the defendant of the safeguard erected by F.S. 934.07 . . . There is no requirement contained in F.S. 934.07 that requires the authorization of the State Attorney . . .
. . . . § 934.07. . . .
. . . Defendants contend primarily that since RICO is not one of the enumerated crimes for wiretap under F.S. 934.07 . . . Section 934.07 does not authorize wiretaps for suspected RICO offenses. . . . Section 934.07 in 1977 when RICO was enacted. . . . Section 934.07. . . . Section 934.07 was enacted to combat organized crime. . . .
. . . . § 934.07 (West Supp.1974-83). . . . Fla.Stat.Ann. § 934.07 (West 1973). . . .
. . . reliability of informants; applications for certain of the orders by persons not authorized by section 934.07 . . .
. . . Appellant contends here that the application did not comport with the requirements of sections 934.07 . . . Section 934.07 provides: 934.07 Authorization for Interception of Wire or Oral Communications. . . . It is settled, of course, that section 934.07 does not empower an assistant state attorney to authorize . . . requirements for a search warrant need be satisfied, but the other procedures of chapter 934, such as sections 934.07 . . .
. . . Section 934.07, Florida Statutes (1977), enumerates the offenses which may justify the interception of . . . As it pertains to this issue, Section 934.07 would authorize such interceptions only to obtain evidence . . .
. . . . § 934.07, to intercept communications relating to violations of Florida narcotics laws and marijuana . . . authorizing Sims to apply by means of an authorization letter, the application violated Fla.Stat. § 934.07 . . .
. . . Section 2516(2) or Section 934.07, Florida Statutes (1975). . . .
. . . the amended application for the new number signed by the state attorney which is required by section 934.07 . . .
. . . Section 2516(2)), when read in the context of Section 934.07 Florida Statutes (1975), refers to the appropriate . . . The Florida Statute, Section 934.07, is rather clear that “any State Attorney may authorize ...” such . . .
. . . interception of private communications” may be satisfied either by obtaining a warrant (under Section 934.07 . . .
. . . committing, have committed and are about to commit one of the offenses enumerated in Florida Statute 934.07 . . .
. . . assistant state attorney authorized a police investigative officer to apply for the order under section 934.07 . . . Section 934.07, Florida Statutes (1975), provides: The Governor, the Department of Legal Affairs, or . . . should hold that the assistant in this case had the power to authorize the application under section 934.07 . . . Our electronic surveillance authorizing statute is section 934.07, set out in full above. . . . We therefore hold that section 934.07, Florida Statutes (1975), did not empower an assistant state attorney . . .
. . . It is clear that no warrant (as authorized by Section 934.07, Florida Statutes (1977)) was required for . . . interception of private communications” may be satisfied either by obtaining a warrant (under Section 934.07 . . .
. . . Pursuant to Section 934.07, Florida Statutes, the duly executed authorization of the Honorable Philip . . .
. . . See Section 934.07, Florida Statutes (1977). . . .
. . . the constitutional requirements for such intercept warrants which are in turn implemented by Sections 934.07 . . .
. . . ) an individual is committing, has committed or is about to commit an offense enumerated in Section 934.07 . . . are to be intercepted is committing or is about to commit one of the offenses enumerated in Section 934.07 . . .
. . . The federal law does not require a contrary result or mandate the invalidity of Florida Statute § 934.07 . . . Under the foregoing authorities, Florida Statute § 934.07 is a proper implementation of Title 18, § 2516 . . . F.S. 934.07 provides that “The Governor, the Attorney General or any State Attorney may authorize an . . . This contention of appellants is without merit. § 934.07, Florida Statutes (1975), provides that any . . . court held that an assistant state attorney could authorize an application for a wiretap under Sec. 934.07 . . .
. . . appellants were committing, had committed or were about to commit a particular offense enumerated in § 934.07 . . . individual is committing, has committed, or is about to commit a particular offense enumerated in s. 934.07 . . .
. . . Section 934.07 limits wiretap authorizations to investigations of: . murder, kidnapping, gambling (when . . . gambling offense of an organized nature which was carried out as a conspiracy as required by Section 934.07 . . . Section 934.07 has no requirement that the offense involved be punishable by imprisonment for more than . . . warrant an intercept authorization to investí-gate suspected gambling offenses as designated by Section 934.07 . . .
. . . attorneys would be entitled to authorize an interception of communications pursuant to this, section [§934.07 . . . court held that an assistant state attorney could authorize an application for a wiretap under Sec. 934.07 . . . authorize an application for an order authorizing or approving the interception of wire communications, §934.07 . . .
. . . The enabling state legislation on the subject is Section 934.07, Florida Statutes (1975) which reads: . . . “934.07 Authorization for interception of wire or oral communications. — The governor, the department . . . a political subdivision of the State of Florida as contemplated by 18 U.S.C. § 2516(2) and Section 934.07 . . . court held that an assistant state attorney could authorize an application for a wiretap under Sec. 934.07 . . .
. . . being used or about to be used in connection with the commission of an offense enumerated in section 934.07 . . .
. . . believe that an individual is committing, has committed or is about to commit an offense enumerated in § 934.07 . . .
. . . A., §§ 934.02(8) and 934.07 are inconsistent with Title 18 U.S.C., Ch. 119, and the Fourth, Fifth and . . .
. . . . § 934.07, F.S.A., which reads as follows: “Authorization for interception of •mire or oral communications . . .
. . . . § 934.07, F.S.A.: § 934.07 Authorization for interception of wire or oral communications The governor . . . Florida Statutes § 934.07, F.S.A. authorizes interception orders for precisely the same list of offenses . . .
. . . . § 934.07, F.S.A. . . . involve him with any offense other than those specifically authorized under the wiretap statute by F.S. § 934.07 . . . A., and more particularly F.S. § 934.07, F. . . . (F.S. 934.07) Obviously, the statute sets the stage for the permissive use of authorized wiretaps, which . . .
. . . See § 934.07 et seq., Fla.Stat., F.S.A. . . . a valid application for an intercept order could not be made by an assistant state attorney under § 934.07 . . .
. . . Appellate Rules, a certified question has been propounded to this court as follows: “Whether Chapter 934.07 . . . dated April 20, 1971; that as a predicate to the entry of such order, and as required under Chapter 934.07 . . . Judicial Circuit of Florida, although such position is not shown on the face of such authorization).” § 934.07 . . . , Fla.Stat, F.S.A., reads as follows: “934.07 Authorization for interception of wire or oral communications . . . *** These provisions were in the Constitution and in the Statutes at the time of the enactment of § 934.07 . . .
. . . . § 934.07, F.S.A. . . . Stat. § 934.07, F.S.A. names the department of legal affairs); nor would the state attorneys for the . . . OFFENSE FOR WHICH AN INTERCEPT ORDER MAY BE ISSUED UNDER 18 U.S.C. § 2516 (2) AND FLORIDA STATUTES § 934.07 . . . statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses. . § 934.07 . . . Fla.Stat. § 934.07, F.S.A. supra, note 2. . Fla.Stat. § 849.08, F.S.A, supra, note 13 . . . .
. . . affidavit included a finding that the offense of “gambling” was conditioned upon the wording contained in §934.07 . . .