The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.23

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 electronic storage in an electronic communications system for 180 days or less only pursuant to a warrant issued by the judge of a court of competent jurisdiction. As used in this section, the term “a court of competent jurisdiction” 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 electronic communication services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days by the means available under subsection (2).

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

(a) Without required notice to the subscriber or customer if the investigative or law enforcement officer obtains 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 law enforcement officer to the subscriber or customer if the investigative or law enforcement officer:

1. Uses a subpoena; or

2. 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 electronic transmission from, a subscriber or customer of such service.

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

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

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

(c) An investigative or law enforcement officer who receives records or information under this subsection is 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 the investigative or law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe the contents of a wire or electronic communication or the records of other information sought are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order if the information or records requested are unusually voluminous in nature or compliance with such order otherwise 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 communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance 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 the request of an investigative or law enforcement officer, shall take all necessary steps to preserve records and other 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 extended for 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 who furnished assistance pursuant to this section shall be held harmless from any claim and civil liability resulting from the disclosure of information pursuant to this section and shall be reasonably compensated for reasonable 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.

F.S. 934.23 on Google Scholar

F.S. 934.23 on Casetext

Amendments to 934.23

Arrestable Offenses / Crimes under Fla. Stat. 934.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.23.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FERRARI, v. STATE, 260 So. 3d 295 (Fla. App. Ct. 2018)

. . . The trial court found that section 934.23(1) required a court order or a warrant to obtain electronic . . . While the court cited section 934.23(1) in its order denying the motion to suppress, Ferrari cited to . . . section 934.23(4)(b) in his motion. . . . Section 934.23(4)(b), Florida Statutes (2001), provides that information pertaining to a subscriber, . . . Section 934.23(4)(b)(1.)-(3.), Florida Statutes (2001), provides: A provider of electronic communication . . .

ANDRES, v. STATE, 254 So. 3d 283 (Fla. 2018)

. . . ." § 934.23(5), Fla. Stat. (2005). There is no requirement of probable cause. Hurst v. . . .

STATE v. SYLVESTRE,, 254 So. 3d 986 (Fla. App. Ct. 2018)

. . . See §§ 934.23, .42, Fla. Stat. (2012). . . .

TRACEY, v. STATE, 152 So. 3d 504 (Fla. 2014)

. . . Under Florida’s version of the Stored Communications Act, section 934.23(4)(a), Florida Statutes (2007 . . . records of other information sought are relevant and material to an ongoing criminal investigation.” §§ 934.23 . . . correct, and stated: [T]he state failed to meet even the less stringent standard required by section 934.23 . . . concluded; Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23 . . . civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23 . . .

JOHNSON, v. STATE, 110 So. 3d 954 (Fla. Dist. Ct. App. 2013)

. . . defendant’s cell phone records, even though the state failed to comply with the requirements of section 934.23 . . . .3d 992, 1000 (Fla. 4th DCA 2011) (“[T]he exclusionary rule is not a remedy for violations of section 934.23 . . .

TRACEY, v. STATE, 69 So. 3d 992 (Fla. Dist. Ct. App. 2011)

. . . Similar to the SCA, section 934.23 allows a law enforcement officer to require a “provider of electronic . . . records of other information sought are relevant and material to an ongoing criminal investigation.” §§ 934.23 . . . requirement, because the state failed to meet even the less stringent standard required by section 934.23 . . . Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. . . . civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23 . . .

CLEMENTS- JEFFREY, v. CITY OF SPRINGFIELD, OHIO,, 810 F. Supp. 2d 857 (S.D. Ohio 2011)

. . . The defendant moved to suppress the evidence, citing the officer’s failure to comply with § 934.23(1) . . . It found § 934.23(1) to be inapplicable, noting that the officer had not requested any information from . . .

STATE v. OLIVERAS,, 65 So. 3d 1162 (Fla. Dist. Ct. App. 2011)

. . . Specifically, he argued that failure to comply with the requirements of section 934.23, Florida Statutes . . . suppression was proper based on Officer Hall’s failure to obtain a warrant or court order under section 934.23 . . . We do not believe that section 934.23 is applicable. . . . . § 934.23(1), Fla. Stat. (2009). Here, law enforcement never required Absolute to do anything. . . . We conclude that the provisions of section 934.23, Florida Statutes, are not applicable under the facts . . .

MITCHELL, v. STATE, 25 So. 3d 632 (Fla. Dist. Ct. App. 2009)

. . . defendant moved in limine or to suppress the evidence because the State had not complied with section 934.23 . . . State, 639 So.2d 72 (Fla. 5th DCA 1994), the trial court found the language in section 934.23(4)(a), . . . Section 934.23 requires an officer to obtain a wai'rant or seek a court order when obtaining customer . . . or subscriber records from an electronic communication provider. § 934.23(4)(a) 1., 2., Fla. . . . “[C]ontents of a communication,” however, are not obtainable under subsection (4)(a). § 934.23(4)(a), . . .

I. FIGUEROA, v. STATE, 870 So. 2d 897 (Fla. Dist. Ct. App. 2004)

. . . The foundation for the request was section 934.23(4), Florida Statutes (2000), a statute that authorized . . . communication, except under certain limited described conditions, one of which is pursuant to section 934.23 . . . Section 934.23(4) now reads: (4)(a) An investigative or law enforcement officer may require a provider . . .