Fla. Stat. 934.04
Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited


(1)

Except as otherwise specifically provided in this chapter, any person who intentionally:Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; orManufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter;

shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(a)

Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or

(b)

Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter;

(2)

It is not unlawful under this section for:A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; orAn officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof,

to send through the mail; send or carry in intrastate, interstate, or foreign commerce; or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

(a)

A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or

(b)

An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof,

Source: Section 934.04 — Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­04 (accessed Aug. 7, 2025).

934.01
Legislative findings
934.02
Definitions
934.03
Interception and disclosure of wire, oral, or electronic communications prohibited
934.04
Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited
934.05
Confiscation of wire, oral, or electronic communication intercepting devices
934.06
Prohibition of use as evidence of intercepted wire or oral communications
934.07
Authorization for interception of wire, oral, or electronic communications
934.08
Authorization for disclosure and use of intercepted wire, oral, or electronic communications
934.09
Procedure for interception of wire, oral, or electronic communications
934.10
Civil remedies
934.15
Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted
934.21
Unlawful access to stored communications
934.22
Voluntary disclosure of customer communications or records
934.23
Required disclosure of customer communications or records
934.24
Backup preservation
934.25
Delayed notice
934.26
Cost reimbursement
934.27
Civil action: relief
934.28
Exclusivity of remedies and sanctions
934.31
General prohibition on pen register and trap and trace device use
934.32
Application for an order for a pen register or a trap and trace device
934.33
Issuance of an order for a pen register or a trap and trace device
934.34
Assistance in installation and use of a pen register or a trap and trace device
934.41
Alternative penalty
934.42
Mobile tracking device authorization
934.43
Criminal disclosure of subpoena, order, or authorization
934.50
Searches and seizure using a drone
934.215
Unlawful use of a two-way communications device
934.255
Subpoenas in investigations of sexual offenses
934.425
Installation or use of tracking devices or tracking applications

Current through Fall 2025

§ 934.04. Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited's source at flsenate​.gov