Florida Statutes
Fla. Stat. § 934.04 (2025)
Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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:
(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;
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) It is not unlawful under this section for:
(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,
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.
Arrestable Offenses under F.S. 934.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§934.04EAVESDROP EQUIPMFG DISTR POSS WIRE ORAL ELECT INTERCEPT DVC
Notes of Decisions
Cited in 2
cases, 1980–1992 · leading case: State v. Keen, 384 So. 2d 284 (Fla. 4th DCA 1980).
State v. Keen, 384 So. 2d 284 (Fla. 4th DCA 1980). “The appellee was not arrested at this time, but he was later charged by information on December 27, 1978 with unlawfully intercepting an oral communication of another in violation of Section 934.”
Overton v. State, 604 So. 2d 546 (Fla. 3d DCA 1992). “We affirm his conviction for attempted possession of an oral communication interception device, § 934.04, Fla.Stat. (1991). An expert testified that the device found in defendant’s possession was very small and could be readily hidden and the particular device was set for a…”
— 934.04(l)(b) — 1 case
State v. Keen, 384 So. 2d 284 (Fla. 4th DCA 1980). “The appellee was not arrested at this time, but he was later charged by information on December 27, 1978 with unlawfully intercepting an oral communication of another in violation of Section 934.”
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