Florida Statutes 934.25 – Delayed notice
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(1) An investigative or law enforcement officer acting under s. 934.23(2) may:
(a) Where a court order is sought, include in the application a request for an order delaying the notification required under s. 934.23(2) for a period not to exceed 90 days, which request the court shall grant if it determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in subsection (2).
Terms Used In Florida Statutes 934.25
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include:(a) Any wire or oral communication;(b) Any communication made through a tone-only paging device;(c) Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or(d) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See Florida Statutes 934.02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Investigative or law enforcement officer: means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct on behalf of the Government investigations of, or to make arrests for, offenses enumerated in this chapter or similar federal offenses, any attorney authorized by law to prosecute or participate in the prosecution of such offenses, or any other attorney representing the State of Florida or political subdivision thereof in any civil, regulatory, disciplinary, or forfeiture action relating to, based upon, or derived from such offenses. See Florida Statutes 934.02
- Law enforcement agency: means an agency of the State of Florida or a political subdivision thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests. See Florida Statutes 934.02
- Person: means any employee or agent of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Florida Statutes 934.02
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Florida Statutes 934.02
- State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States. See Florida Statutes 934.02
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena: means any administrative subpoena authorized by federal or Florida law, federal or Florida grand jury subpoena, or any criminal investigative subpoena as authorized by Florida statute which may be utilized on behalf of the government by an investigative or law enforcement officer. See Florida Statutes 934.02
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Where a subpoena is obtained, delay the notification required under s. 934.23(2) for a period not to exceed 90 days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in subsection (2).
(2) Any of the following acts constitute an adverse result for purposes of subsection (1):
(a) Endangering the life or physical safety of an individual.
(b) Fleeing from prosecution.
(c) Destroying or tampering with evidence.
(d) Intimidating potential witnesses.
(e) Seriously jeopardizing an investigation or unduly delaying a trial.
(3) The investigative or law enforcement officer shall maintain a true copy of a certification obtained under paragraph (1)(b).
(4) Extensions of the delay of notification provided in s. 934.23(2) of up to 90 days each may be granted by the court upon application, or by certification by an investigative or law enforcement officer, but only in accordance with subsection (6).
(5) Upon the expiration of the period of delay of notification under subsection (1) or subsection (4), the investigative or law enforcement officer must serve upon or deliver by registered or first-class mail to the subscriber or customer a copy of the process or request together with notice which:
(a) States with reasonable specificity the nature of the law enforcement inquiry, and
(b) Informs the subscriber or customer:
1. That information maintained for such subscriber or customer by the service provider named in the process or request was supplied to or requested by the investigative or law enforcement officer and the date on which such information was so supplied or requested.
2. That notification of such subscriber or customer was delayed.
3. What investigative or law enforcement officer or what court made the certification or determination pursuant to which that delay was made.
(6) An investigative or law enforcement officer acting under s. 934.23, when not required to notify the subscriber or customer under s. 934.23(2)(a), or to the extent that such notice may be delayed pursuant to subsection (1), may apply to a court for an order commanding a provider of electronic communication service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of such warrant, subpoena, or court order. The court shall enter such order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in any of the following:
(a) Endangering the life or physical safety of an individual.
(b) Fleeing from prosecution.
(c) Destroying or tampering with evidence.
(d) Intimidating potential witnesses.
(e) Seriously jeopardizing an investigation or unduly delaying a trial.
(7) As used in paragraph (1)(b), the term “supervisory official” means the person in charge of an investigating or law enforcement agency‘s or entity’s headquarters or regional office; the state attorney of the circuit from which the subject subpoena has been issued; the statewide prosecutor; or an assistant state attorney or assistant statewide prosecutor specifically designated by the state attorney or statewide prosecutor to make such written certification.
(8) As used in subsection (5), the term “deliver” shall be construed in accordance with the definition of “delivery” as provided in Rule 1.080, Florida Rules of Civil Procedure.