Fla. Stat. 934.08
Authorization for disclosure and use of intercepted wire, oral, or electronic communications


(1)

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may disclose such contents to:The Department of Legal Affairs for use in investigations or proceedings pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895, to any attorney authorized by law to investigate and institute any action on behalf of the State of Florida or political subdivision thereof, or to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure.Any state or federal law enforcement official, state or federal intelligence official, state or federal protective services official, federal immigration official, state or federal defense official, or state or federal security official to the extent that the contents or evidence includes foreign intelligence or counterintelligence, as defined in 50 U.S.C. s. 401a, or foreign intelligence information, as defined in this chapter, 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 as necessary in conducting official duties and is subject to any limitations on the unauthorized disclosure of such information.

(a)

The Department of Legal Affairs for use in investigations or proceedings pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895, to any attorney authorized by law to investigate and institute any action on behalf of the State of Florida or political subdivision thereof, or to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties 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 federal protective services official, federal immigration official, state or federal defense official, or state or federal security official to the extent that the contents or evidence includes foreign intelligence or counterintelligence, as defined in 50 U.S.C. s. 401a, or foreign intelligence information, as defined in this chapter, 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 as necessary in conducting official duties and is subject to any limitations on the unauthorized disclosure of such information.

(2)

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of her or his official duties.

(3)

Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived therefrom, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the state or of the United States; in any grand jury proceedings; in any proceeding pursuant to s. 812.035, part II of chapter 501, chapter 542, or chapter 895; in any investigation or proceeding in connection with the Judicial Qualifications Commission; or in any other proceeding or investigation held under the authority of the State of Florida or any political subdivision thereof, of the United States, 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 in violation of, the provisions of this chapter shall lose its privileged character, provided that a communication otherwise lawfully intercepted pursuant to this chapter is not privileged when such communication is in furtherance of the commission of a crime.

(5)

When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents 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 or approved by a judge of competent jurisdiction when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.

Source: Section 934.08 — Authorization for disclosure and use of intercepted wire, oral, or electronic communications, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­08 (accessed Aug. 7, 2025).

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 intercepting devices 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
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
934.22
Voluntary disclosure of customer communications or records
934.23
Required disclosure of customer communications or records
934.24
Backup preservation
934.25
Delayed notice
934.26
Cost reimbursement
934.27
Civil action: relief
934.28
Exclusivity of remedies and sanctions
934.31
General prohibition on pen register and trap and trace device use
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
934.50
Searches and seizure using a drone
934.215
Unlawful use of a two-way communications device
934.255
Subpoenas in investigations of sexual offenses
934.425
Installation or use of tracking devices or tracking applications

Current through Fall 2025

§ 934.08. Authorization for disclosure & use of intercepted wire, oral, or electronic communications's source at flsenate​.gov