Fla. Stat. 934.27
Civil action: relief; damages; defenses

(1)

Except as provided in s. 934.23(5), any provider of electronic communication service, or subscriber or customer thereof, aggrieved by any violation of ss. 934.21-934.28 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as is appropriate.

(2)

In a civil action under this section, appropriate relief includes:Such preliminary and other equitable or declaratory relief as is appropriate.Damages under subsection (3).A reasonable attorney’s fee and other litigation costs reasonably incurred.

(a)

Such preliminary and other equitable or declaratory relief as is appropriate.

(b)

Damages under subsection (3).

(c)

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

(3)

The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a plaintiff entitled to recover be awarded less than $1,000.

(4)

A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under ss. 934.21-934.28:A court warrant or order, a subpoena, or a statutory authorization, including, but not limited to, a request of an investigative or law enforcement officer to preserve records or other evidence, as provided in s. 934.23(7).A request of an investigative or law enforcement officer under s. 934.09(7).A good faith determination that s. 934.03(3) permitted the conduct complained of.

(a)

A court warrant or order, a subpoena, or a statutory authorization, including, but not limited to, a request of an investigative or law enforcement officer to preserve records or other evidence, as provided in s. 934.23(7).

(b)

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

(c)

A good faith determination that s. 934.03(3) permitted the conduct complained of.

(5)

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

Source: Section 934.27 — Civil action: relief; damages; defenses, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­27 (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

§ 934.27. Civ. action: relief; damages; defenses's source at flsenate​.gov