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Florida Statute 934.04 - Full Text and Legal Analysis Florida Statute 934.04 | Lawyer Caselaw & Research
Fla. Stat. § 934.04 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

History.s. 4, ch. 69-17; s. 1164, ch. 71-136; s. 3, ch. 88-184; s. 3, ch. 89-269.

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 DVCF · 3rd

Cases Citing F.S. 934.04

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·State v. Keen, 384 So. 2d 284 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16486

possessing an intercepting device in violation of Section 934.04(l)(b), Florida Statutes (1978). The sole issue
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Overton v. State, 604 So. 2d 546 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8959, 1992 WL 197740

...tablish any overt act necessary to prove the intent to commit a trespass or a burglary in employing the tools. Thomas v. State, 531 So.2d 708 (Fla.1988). We affirm his conviction for attempted possession of an oral communication interception device, § 934.04, Fla.Stat....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.