934.07 Authorization for interception of
wire, oral, or electronic communications.—
(1) The Governor, the Attorney General, the statewide
prosecutor, or any state attorney may authorize an application to a judge of
competent jurisdiction for, and such judge may grant in conformity with ss. 934.03–934.09
an order authorizing or approving the interception of, wire, oral, or electronic
communications by:
(a) The Department of Law Enforcement or any law
enforcement agency as defined in s. 934.02
having responsibility for the investigation of the offense as to which the
application is made when such interception may provide or has provided evidence
of the commission of the offense of murder, kidnapping, aircraft piracy, arson,
gambling, robbery, burglary, theft, dealing in stolen property, criminal usury,
bribery, or extortion; any felony violation of ss. 790.161–790.166,
inclusive; any violation of chapter 893; any violation of the provisions of the
Florida Anti-Fencing Act; any violation of chapter 895; any violation of chapter
896; any violation of chapter 815; any violation of
chapter 847; any violation of s. 827.071;
any violation of s. 944.40;
or any conspiracy or solicitation to commit any violation of the laws of this
state relating to the crimes specifically enumerated in this
paragraph.
(b) The Department of Law Enforcement, together with
other assisting personnel as authorized and requested by the department under s.
934.09(5),
for the investigation of the offense as to which the application is made when
such interception may provide or has provided evidence of the commission of any
offense that may be an act of terrorism or in furtherance of an act of terrorism
or evidence of any conspiracy or solicitation to commit any such
violation.
(2)(a) If, during the course of an interception of
communications by a law enforcement agency as authorized under paragraph (1)(a),
the law enforcement agency finds that the intercepted communications may provide
or have provided evidence of the commission of any offense that may be an act of
terrorism or in furtherance of an act of terrorism, or evidence of any
conspiracy or solicitation to commit any such violation, the law enforcement
agency shall promptly notify the Department of Law Enforcement and apprise the
department of the contents of the intercepted communications. The agency
notifying the department may continue its previously authorized interception
with appropriate minimization, as applicable, and may otherwise assist the
department as provided in this section.
(b) Upon its receipt of information of the contents of an
intercepted communications from a law enforcement agency, the Department of Law
Enforcement shall promptly review the information to determine whether the
information relates to an actual or anticipated act of terrorism as defined in
this section. If, after reviewing the contents of the intercepted
communications, there is probable cause that the contents of the intercepted
communications meet the criteria of paragraph (1)(b), the Department of Law
Enforcement may make application for the interception of wire, oral, or
electronic communications consistent with paragraph (1)(b). The department may
make an independent new application for interception based on the contents of
the intercepted communications. Alternatively, the department may request the
law enforcement agency that provided the information to join with the department
in seeking an amendment of the original interception order, or may seek
additional authority to continue intercepting communications under the direction
of the department. In carrying out its duties under this section, the department
may use the provisions for an emergency interception provided in s. 934.09(7)
if applicable under statutory criteria.
(3) As used in this section, the term “terrorism” means
an activity that:
(a)1. Involves a violent act or an act dangerous to human
life which is a violation of the criminal laws of this state or of the United
States; or
2. Involves a violation of s. 815.06;
and
(b) Is intended to:
1. Intimidate, injure, or coerce a civilian
population;
2. Influence the policy of a government by intimidation
or coercion; or
3. Affect the conduct of government through destruction
of property, assassination, murder, kidnapping, or aircraft
piracy.
History.—s. 7, ch. 69-17; ss. 11, 20, 35,
ch. 69-106; s. 42, ch. 73-334; s. 1, ch. 77-174; s. 15, ch. 77-342; s. 33, ch.
79-8; s. 5, ch. 88-184; s. 5, ch. 89-269; s. 14, ch. 91-33; s. 10, ch. 2000-369;
s. 1, ch. 2001-359; s. 3, ch.
2002-72.
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