Fla. Stat. 934.41
Alternative penalty

(1)

In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this chapter, through which she or he derived pecuniary value, or by which she or he caused property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(2)

The court shall hold a hearing to determine the amount of the fine authorized by subsection (1).

(3)

For the purposes of subsection (1), “pecuniary value” means:Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; orAny other property or service that has a value in excess of $100.

(a)

Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or

(b)

Any other property or service that has a value in excess of $100.

Source: Section 934.41 — Alternative penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0934.­41 (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

§ 934.41. Alternative penalty's source at flsenate​.gov