Florida 2024 2024 Regular Session

Florida House Bill H1281 Introduced / Bill

Filed 01/05/2024

                       
 
HB 1281  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1281-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to interception and disclosure of 2 
wire, oral, or electronic communications; amending s. 3 
934.03, F.S.; permitting the intercept and recording 4 
of an oral communication by the parent of a child 5 
under a specified age in certain circumstances if the 6 
recording is provided to a law enforcement agency; 7 
permitting the intercept and recording of an oral 8 
communication in certain circumstances concerning 9 
specified offenses; providing an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Paragraph (l) of subsection (2) of section 14 
934.03, Florida Statutes, is redesignated as paragraph (n), and 15 
new paragraphs (l) and (m) are added to that subsection, to 16 
read: 17 
 934.03  Interception and disclosure of wire, oral, or 18 
electronic communications prohibited. — 19 
 (2) 20 
 (l)1.  It is lawful under this section and ss. 934.04 -21 
934.09 for a parent or legal guardian of a child under 18 years 22 
of age to intercept and record an oral communication if the 23 
child is a party to the communication and the parent or legal 24 
guardian has reasonable grounds to believe that recording the 25     
 
HB 1281  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1281-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
communication will capture a statement by another party to the 26 
communication that the other party intends to commit, is 27 
committing, or has committed an unlawful sexual act or an 28 
unlawful act of physical force or violence against the child. 29 
 2.  A recording authorized under this paragraph and which 30 
captures a statement by a party that the party intends to 31 
commit, is committing, or has committed an unlawful sexual act 32 
or an unlawful act of physical force or violence against a child 33 
must be provided to a law enforcement agency and may be used for 34 
the purpose of evidencing th e intent to commit or the commission 35 
of an unlawful sexual act or an unlawful act of physical force 36 
or violence against a child. A recording authorized under this 37 
paragraph may not be otherwise disseminated or shared. 38 
 (m)1.  It is lawful under this sectio n and ss. 934.04-39 
934.09 for a person to intercept and record an oral 40 
communication if the person is a party to the communication and 41 
has reasonable grounds to believe that recording the 42 
communication will capture a statement by another party to the 43 
communication that the other party intends to commit, is 44 
committing, or has committed against the party intercepting and 45 
recording the communication an unlawful act of domestic violence 46 
under s. 741.30; or repeat violence, sexual violence, or dating 47 
violence under s. 784.046. 48 
 2.  A recording authorized under this paragraph may be 49 
provided to a law enforcement agency, an attorney, or a court 50     
 
HB 1281  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1281-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
for the purpose of evidencing that a crime as listed in 51 
subparagraph 1. has been committed. A recording authorized under 52 
this paragraph may not be otherwise disseminated or shared. 53 
 Section 2.  This act shall take effect upon becoming a law. 54