Florida Senate - 2024                                    SB 1618
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01612B-24                                          20241618__
    1                        A bill to be entitled                      
    2         An act relating to interception and disclosure of oral
    3         communications; amending s. 934.03, F.S.; authorizing
    4         the interception and recording of an oral
    5         communication by the parent or legal guardian of a
    6         child under a specified age under certain
    7         circumstances; requiring that the recording be
    8         provided to a law enforcement agency; prohibiting any
    9         further dissemination or sharing of the recording;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present paragraph (l) of subsection (2) of
   15  section 934.03, Florida Statutes, is redesignated as paragraph
   16  (m), and a new paragraph (l) is added to that subsection, to
   17  read:
   18         934.03 Interception and disclosure of wire, oral, or
   19  electronic communications prohibited.—
   20         (2)
   21         (l)1. It is lawful under this section and ss. 934.04-934.09
   22  for a parent or legal guardian of a child under 18 years of age
   23  to intercept and record an oral communication if the child is a
   24  party to the communication and the parent or legal guardian has
   25  reasonable grounds to believe that recording the communication
   26  will capture a statement by another party to the communication
   27  that the other party intends to commit, is committing, or has
   28  committed an unlawful sexual act or an unlawful act of physical
   29  force or violence against the child.
   30         2. A recording authorized under this paragraph which
   31  captures a statement by a party that the party intends to
   32  commit, is committing, or has committed an unlawful sexual act
   33  or an unlawful act of physical force or violence against a child
   34  must be provided to a law enforcement agency and may be used for
   35  the purpose of evidencing the intent to commit or the commission
   36  of a crime specified in subparagraph 1. against a child. A
   37  recording authorized under this paragraph may not be otherwise
   38  disseminated or shared.
   39         Section 2. This act shall take effect upon becoming a law.