1998 Florida Code
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934 Security Of Communications  
934.23   Requirements for governmental access.

934.23  Requirements for governmental access.--

(1)  An investigative or law enforcement officer may require the disclosure by a provider of electronic communication service of the contents of an 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. An investigative or law enforcement officer may require the disclosure by a provider of electronic communication services of the contents of an 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 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)  Except as provided in paragraph (b), a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber or customer of such service, not including the contents of communication covered by subsection (1) or subsection (2), to any person other than an investigative or law enforcement officer.

(b)  A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service, not including the contents of communications covered by subsection (1) or subsection (2), to an investigative or law enforcement officer only when the investigative or law enforcement officer:

1.  Uses a subpoena;

2.  Obtains a warrant issued by the judge of a court of competent jurisdiction;

3.  Obtains a court order for such disclosure under subsection (5); or

4.  Has the consent of the subscriber or customer to such disclosure.

(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 shows that there is reason to believe the contents of a wire or electronic communication or the records of other information sought are relevant to a legitimate law enforcement inquiry. A court issuing an order pursuant to this section may quash or modify such order on motion made promptly by the service provider 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.

History.--s. 9, ch. 88-184; s. 10, ch. 89-269.