Fla. Stat. 934.21
Unlawful access to stored communications; penalties

(1)

Except as provided in subsection (3), whoever:Intentionally accesses without authorization a facility through which an electronic communication service is provided, orIntentionally exceeds an authorization to access such facility,

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (2).

(a)

Intentionally accesses without authorization a facility through which an electronic communication service is provided, or

(b)

Intentionally exceeds an authorization to access such facility,

(2)

The punishment for an offense under subsection (1) is as follows:If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, the person is:
In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.
In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.
In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(a)

If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, the person is:In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.
1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.
2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.

(b)

In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3)

Subsection (1) does not apply with respect to conduct authorized:By the person or entity providing a wire or electronic communications service;By a user of a wire or electronic communications service with respect to a communication of or intended for that user; orIn s. 934.09, s. 934.23, or s. 934.24.

(a)

By the person or entity providing a wire or electronic communications service;

(b)

By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or

(c)

In s. 934.09, s. 934.23, or s. 934.24.

Source: Section 934.21 — Unlawful access to stored communications; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­21 (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

§ 934.21. Unlawful access to stored communications; penalties's source at flsenate​.gov