Fla. Stat. 934.10
Civil remedies

(1)

Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communications and shall be entitled to recover from any such person or entity which engaged in that violation such relief as may be appropriate, including:Preliminary or equitable or declaratory relief as may be appropriate;Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;Punitive damages; andA reasonable attorney’s fee and other litigation costs reasonably incurred.

(a)

Preliminary or equitable or declaratory relief as may be appropriate;

(b)

Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;

(c)

Punitive damages; and

(d)

A reasonable attorney’s fee and other litigation costs reasonably incurred.

(2)

A good faith reliance on:A court order, subpoena, or legislative authorization as provided in ss. 934.03-934.09,A request of an investigative or law enforcement officer under s. 934.09(7), orA good faith determination that Florida or federal law, other than 18 U.S.C. s. 2511(2)(d), permitted the conduct complained of

shall constitute a complete defense to any civil or criminal, or administrative action arising out of such conduct under the laws of this state.

(a)

A court order, subpoena, or legislative authorization as provided in ss. 934.03-934.09,

(b)

A request of an investigative or law enforcement officer under s. 934.09(7), or

(c)

A good faith determination that Florida or federal law, other than 18 U.S.C. s. 2511(2)(d), permitted the conduct complained of

(3)

A civil action under this section may not be commenced later than 2 years after the date upon which the claimant first has a reasonable opportunity to discover the violation.

Source: Section 934.10 — Civil remedies, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­10 (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

§ 934.10. Civ. remedies's source at flsenate​.gov