Terms Used In Florida Statutes 934.26

  • Contents: when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication. See Florida Statutes 934.02
  • 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
  • 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

(1) Except as otherwise provided in subsection (3), a governmental entity which obtains the contents of communications, records, or other information under s. 934.22, s. 934.23, or s. 934.24 shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs include any costs incurred due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.
(2) The amount of the fee provided by subsection (1) shall be as mutually agreed upon by the governmental entity and the person or entity providing the information or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information or the court before which a criminal prosecution relating to such information would be brought if no court order was issued for production of the information.
(3) The requirement of subsection (1) does not apply with respect to records or other information maintained by a communications carrier that relate to telephone toll records and telephone listings obtained under s. 934.23. The court may, however, order a payment as described in subsection (1) if the court determines the information required is unusually voluminous in nature or otherwise causes an undue burden on the provider.