CopyCited 61 times | Published | Supreme Court of Florida
...In enacting chapter 934, the legislature did not give article I, section 12, Florida Constitution, the interpretation we give it today. Thus the legislature did not intend to require a court order for the interception of wire or oral communications when one of the parties to the communication consents to the interception. § 934.01(4), Fla....
CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28158
...ontrols the use of electronic surveillance. 18 U.S.C. § 2510 et seq. This statutory scheme contemplates *953 state regulation that does not erode the federal standards, 18 U.S.C. § 2516 (2), and Florida has enacted such legislation. Fla. Stat.Ann. § 934.01 et seq....
CopyCited 31 times | Published | District Court, S.D. Florida | 1983 U.S. Dist. LEXIS 19258
...Police Department to intercept wire communications of Defendant Robert Jernigan and other named individuals, including Defendant Harvey, on two specified telephone numbers. The application was made and authorization was granted pursuant to Fla.Stat. § 934.01, et seq., the Florida State analogue to Title III....
CopyCited 25 times | Published | Supreme Court of Florida
...The right to freely enter into private conversations without fear of having *494 those conversations overheard and recorded is an important one. We take note of Chapter 934, F.S., enacted as Chapter 69-17 at the 1969 legislative session and particularly Section 934.01(4) thereof, which reads in part: "(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only...
...fects of the suspect; neither should their "consents" except under the safeguards of authentication as hereinafter noted be sufficient to obviate the necessity of securing a warrant for intercepting wire or oral communication. The quoted language in Section 934.01(4) does not abrogate the rule expressed in Walker v....
CopyCited 24 times | Published | Florida 3rd District Court of Appeal
...40,993, filed May 24, 1972. In that case, the Court clearly outlined the requirements for admissibility of such tape or electronic recordings: * * * * * * "We take note of Chapter 934, F.S., enacted as Chapter 69-17 at the 1969 legislative session and particularly Section 934.01(4) thereof, which reads in part: `(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only when authorized by a *98 court of competent jurisdiction ...' (Emphasis added.) * * * * * * "The quoted language in Section 934.01 (4) does not abrogate the rule expressed in Walker v....
CopyCited 20 times | Published | Supreme Court of Florida | 2008 WL 596782
...269,
2007 WL 1493842 (4th Cir. May 21, 2007); Parker v. Commonwealth, 255 Va. 96, 496 S.E.2d 47, 53 (1998) ("Officer Kurisky knew, from personal experience, that `people often try to hide contraband in their shorts, in their crotch area or in their buttocks area.'"). [13] Cf. §
934.01(2), Fla....
CopyCited 18 times | Published | Supreme Court of Florida
...ty thereto consents, in the absence of authorization for such recording by a court of competent jurisdiction. In reaching its decision, the District Court, relying principally on constitutional guarantees of the right to privacy and Florida Statutes § 934.01(4) [1] , F.S.A., held: [2] "The undisputed facts in this cause are that neither party to the conversations consented to the interception....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...provides in material part as follows: "(1) Except as otherwise specifically provided in this chapter, any person who: "(a) Willfully intercepts * * * any wire or oral communication; * * * * * * "shall be guilty of a felony of the third degree, * * *". Florida Statute 934.01, F.S.A., entitled "Legislative Findings" contains the following recitations: "On the basis of its own investigations and of published studies, the legislature makes the following findings: * * * * * * "(2) In order to protect effectively the p...
...g guilt beyond and to the exclusion of a reasonable doubt. It is apparent therefore that Subsection (4) of the legislative findings above quoted applies to the privacy of all citizens, including those accused of crimes. The historical note following 934.01 F.S.A....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 2713, 1991 WL 11506
...15 For these reasons, we find Royal Health’s arguments unconvincing. V. CONCLUSION We therefore AFFIRM the district court’s grant of summary judgment in favor of defendant Jefferson-Pilot Life Insurance Company. 16 AFFIRMED. 1 . Fla.Stat.Ann. §§ 934.01-934.43 (West Supp....
...Assuming no exception applies, under Florida law both parties to a phone call must consent before that call may be recorded. Fla.Stat. Ann. §
934.03(2)(d) (West Supp.1990). See also Tsavaris,
394 So.2d at 422-23 . 11 .See 18 U.S.C.A. § 2511 (2)(d) (West Supp. 1990). 12 . Fla.Stat.Ann. §
934.01 (West 1985)....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...objected. This interlocutory appeal is from the order of the trial judge finding that the recordings are admissible in evidence and not "obnoxious to the Federal Omnibus Crime Bill of 1968 or the Florida Security of Communications Act of 1969, Sec. 934.01 et seq., Florida Statutes ..." [1] *61 Although the parties devote considerable time to the Federal Omnibus Crime Bill of 1968, we are of the view that it is unnecessary to apply same to the instant cause....
...t of the people to be secure in their persons, houses, papers and effects ... against the unreasonable interception of private communications, by any means, shall not be violated." Amplifying the foregoing constitutional guarantee is Florida Statute 934.01(4), F.S.A., which provides, inter alia: "To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction ....
...CARROLL, DONALD K., Acting Chief Judge (specially concurring): In this case of first impression in Florida, the question seems to me a close one, and I concur in the judgment of reversal basically for the reason that this court and the trial court lack the authority to engraft an exception upon the statute (Sec. 934.01 et seq., Florida Statutes) that would exempt husbands from the statute and permit them to "bug" their wives' telephone conversations....
CopyCited 12 times | Published | Supreme Court of Florida | 2006 WL 3313734
...(2006) (providing that officer's affidavit attesting to specific information regarding defendant's breathalyzer test results, including the date the breathalyzer was last inspected, is admissible as exception to hearsay rule). [11] We note that Florida law does regulate the use of pen registers. See § 934.01, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1994 WL 10803
...e defendant); Ruiz v. State,
416 So.2d 32 (Fla. 5th DCA 1982) (orders denying motions to suppress are presumptively dispositive). [2] See Olmstead v. United States,
277 U.S. 438,
48 S.Ct. 564,
72 L.Ed. 944 (1928). [3] In fact, the historical note to section
934.01 states: "With one exception the state law follows closely the Federal act." 23A Fla. Stat. Ann. 292 (1985) (Historical Note to §
934.01)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...warrant is first obtained or consent from one of the parties to the communication is secured and established. The court in that case stated: We take note of Chapter 934, F.S., enacted as Chapter 69-17 at the 1969 legislative session and particularly Section 934.01(4) thereof, which reads in part: "(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only...
...fects of the suspect; neither should their "consents" except under the safeguards of authentication as hereinafter noted be sufficient to obviate the necessity of securing a warrant for intercepting wire or oral communication. The quoted language in Section 934.01(4) does not abrogate the rule expressed in Walker v....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 92466
...§ 2510 et seq., Congress intended that states be free to impose more stringent regulations than those applicable to warrants issued by federal courts. See Sen.Rep. No. 1097, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. & Admin.News 2112, 2187. The Florida wiretap legislation, codified at Fla.Stat. § 934.01 et seq., demonstrates that the Florida requirements are no stricter than those imposed under Title III and, in fact, the language of the Florida statute tracks that of Title III almost exactly....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...stated intention contained in the act itself. The legislature specifically finds the act necessary (1) "[i]n order to protect effectively the privacy of wire and oral communications ..." and (2) "[t]o safeguard the privacy of innocent persons... ." Section 934.01, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 2004 WL 2251849
...and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. § 934.01(3), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 3118841
...time Spangler presented evidence of the taping to different individuals over the course of this case. Compare Baucom v. Haverty,
805 So.2d 959 (Fla. 2d DCA 2001). [4] Keating also argues that the trial court erred in entering summary judgment on her section
934.01 claim regarding the issue of whether Spangler procured Rothstein's illegal taping....
...Based upon the reversal set forth herein, we reverse the cost judgment entered against Keating on behalf of the defendants. In addition, the cross-appeal filed by Wausau is rendered moot. AFFIRMED in part, REVERSED in part, and REMANDED. THOMPSON and LAWSON, JJ., concur. NOTES [1] See § 934.01 et seq., Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...ctronic surveillance device. The procedures of chapter 934 were established in order to effectively protect this constitutional right of individuals in Florida to be free from the unreasonable interception of private communications by any means. See § 934.01(2)....
...I, section 12, does not apply retroactively in this case. The state's other argument on its motion for rehearing is without merit. Accordingly, we deny the motion for rehearing. HOBSON, A.C.J., and DANAHY and SCHOONOVER, JJ., concur. NOTES [1] See §§ 934.01, et seq., Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 167672
...For example, section
934.06, Florida Statutes (2005), provides that the content of illegally intercepted wire or oral communications and evidence derived from such communications may not "be received in evidence in any trial" or other proceeding. See also §
934.01(2); Davis v....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1988 WL 65140
...idence for government violations of its strict requirements. In Florida, the legislature has unequivocally announced its intention to suppress evidence obtained in violation of chapter 934 in several separate provisions of that chapter. For example, section 934.01(2), Florida Statutes (1985), provides: In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings ......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 918
...at least, the protection of privacy in the area of communications is constitutionally mandated in express language. This court is not at liberty to relax this protection afforded by the State Constitution."
272 So.2d at 493. The court also discussed §
934.01(4), Florida Statutes, which serves to further implement the quoted constitutional right and reads: To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication h...
CopyCited 3 times | Published | Supreme Court of Florida
...ns. It stated that a reliable informant "had observed Guy Zona accepting up to $15,000.00 in bets on football games from club members ... in one evening's activity," and had seen him "write at least $24,000 in football bets during one evening." [15] § 934.01(3), Fla. Stat. (1975). [16] § 934.01(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 180402
...he new federal wiretap act to be persuasive. First, the courts were construing a federal law that preempts Florida's prototype. Second, their construction is harmonious with the spirit of Florida's wiretap legislation to safeguard privacy interests. § 934.01, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 8 Media L. Rep. (BNA) 1251
...his property and of his very life, left largely to the law of the individual states, but that various provisions of the federal constitution protect personal privacy from governmental invasion. The law of Florida recognizes this right to privacy in section 934.01, Florida Statutes (1977), which reads as follows: Legislative findings....
...privacy and those of free speech, the interests of both sides are plainly rooted in the traditions and significant concerns of the American society. In accordance with the principles announced in Katz v. United States , the legislature of Florida by section 934.01, Florida Statutes (1977), safeguarded the privacy of innocent persons during the interception of wire or oral communications....
...The publication has not yet been made, so John Doe should have the right to invoke his constitutional privilege of privacy when the publication is eventually made after the majority opinion is filed. *15 Only then will his privacy rights be invaded. If section 934.01, Florida Statutes (1977), quoted above, was not sufficient to tip the scales in favor of the right of privacy, then certainly the constitutional amendment would have that effect....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 784885
...Kozyak, Tropin & ThrockMorton, P.A. and Charles Throckmorton, Miami, for appellee. Before GREEN, FLETCHER, and WELLS, JJ. PER CURIAM. This is an appeal from the dismissal, with prejudice, of a complaint alleging violations of Florida's Security of Communications Act, section 934.01 et seq., Florida Statutes (1999) (the "Wiretap Statute")....
CopyCited 1 times | Published | District Court, M.D. Florida | 2014 WL 349489, 2014 U.S. Dist. LEXIS 12124
...ack’s prior consent. (Hallback Decl. Doc. # 158-2 at ¶ 5). II. Procedural Background Robertson initiated this putative class action in state court on June 22, 2011, against ADS for alleged violations of the Florida Security of Communications Act, section 934.01 et seq....
...tions, including a telephone call, without prior consent of all parties to the communication, and permits a private cause of action providing for a minimum of $1,000 in liquidated damages for an interception in violation of the Act. See Fla. Stat. §§ 934.01 et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 118719, 2015 WL 5145548
...5, at 12 n.ll. . The Court admitted some but not all of these transcripts, recorded in Florida with only one-party consent, as a matter of federal evidence, with no comment on their propriety — or lawfulness — in any other regard. See Fla. Stat. 934.01 et seq....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 3765446, 2014 Fla. App. LEXIS 11777
...ditions under which the interception
of wire and oral communications may be authorized and to prohibit any unauthorized
interception of such communications and the use of the contents thereof in evidence in
courts and administrative proceedings." § 934.01(2).
"Oral communication" is defined as "any oral communication uttered by a
person exhibiting an expectation that such communication is not subject to interception
under circumstances justifying such expectation ....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12663
Florida Constitution, in effect at that time, and section
934.01(4), Florida Statutes, relating to the interception
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
the 1969 legislative session and particularly Section
934.01(4) thereof, which reads in part: "(4) To safeguard
CopyPublished | District Court, M.D. Florida | 2013 WL 6184065, 2013 U.S. Dist. LEXIS 167156
...Background and Procedural History Gary Robertson initiated this putative class action in state court on June 22, 2011, against Defendant ADS Alliance Data Systems, Inc. for alleged violations of the Florida Security of Communications Act (FSCA), Fla. Stat. § 934.01 et seq....
...(Doc. #2). The FSCA prohibits a party to a conversation from recording the conversation — including wire, oral or electronic communications— without the consent of all parties to the conversation, with some specific exceptions. See Fla. Stat. §§ 934.01 et seq....
...ided with an accountholder of WFNNB, WFNB, or WFCB during the Class Period. (Doc. #210 at 4-5). Because the FSCA prohibits a party to a conversation from recording the conversation without the consent of all parties to the conversation, Fla. Stat. §§ 934.01 et seq., Stalley and Hallback further state that, “To the extent ADS has records that affirmatively demonstrate someone meeting this definition gave prior consent to being recorded, such individuals would also necessarily be excluded from the class.” (Id.)....
...rt make individualized factual determinations in order to ascertain if an individual qualifies as a member of the class. (Doc. # 228 at 6-7). As previously stated, the FSCA does not prohibit recording communications when consent is given. Fla. Stat. § 934.01 et seq....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3115, 1990 WL 58281
NESBITT, Judge. The state appeals an order suppressing a taped phone conversation. We affirm. Through chapter 934 our legislature has acted to protect the privacy of wire, oral and electronic communication. See § 934.01, Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...QUESTION TWO As stated in the introductory legislative findings to Ch. 934 , F.S., the Security of Communications Law, in order to safeguard the privacy of innocent persons, the interception of wire or oral communications should only be allowed in narrowly prescribed circumstances. Section 934.01 , F.S....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14879
...We find no merit in the other point raised on this appeal. In view whereof the order appealed from should be and it is hereby reversed, and the cause is remanded for further proceedings not inconsistent herewith. BOARDMAN, C. J., and RYDER, J., concur. . Section 934.01-10, Florida Statutes (1976)....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 1372, 2012 WL 310878
...Perdue was also charged with drug possession and introducing contraband into a county detention facility as a result of a Xanax tablet and marijuana found on him in a search incident to the arrest. Perdue moved to suppress the recording of the outgoing 911 call. He argued that the recording violated section 934.01(4), Florida Statutes (2009), and his right to privacy....
CopyPublished | District Court of Appeal of Florida
interception of “wire and oral communications.” §
934.01(2), Fla. Stat. (2019). In Minotty v. Baudo, 42
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20889
...Burgess’ cause of action is one such particular case. Chapter 934, Florida Statutes (1979), under which Mrs. Burgess filed her claim for damages, has as its purpose the protection of privacy of wire and oral communications and the safeguarding of the privacy of innocent persons. Section 934.01(2) and (4)....
