Florida Statute 934.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.10

934.10 Civil remedies.—

(1) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communications and shall be entitled to recover from any such person or entity which engaged in that violation such relief as may be appropriate, including:

(a) Preliminary or equitable or declaratory relief as may be appropriate;

(b) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;

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

(2) A good faith reliance on:

(a) A court order, subpoena, or legislative authorization as provided in ss. 934.03-934.09,

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

(c) A good faith determination that Florida or federal law, other than 18 U.S.C. s. 2511(2)(d), permitted the conduct complained of

shall constitute a complete defense to any civil or criminal, or administrative action arising out of such conduct under the laws of this state.

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

History.—s. 10, ch. 69-17; s. 3, ch. 78-376; s. 8, ch. 88-184; s. 8, ch. 89-269; s. 12, ch. 2000-369.

F.S. 934.10 on Google Scholar

F.S. 934.10 on Casetext

Amendments to 934.10

Arrestable Offenses / Crimes under Fla. Stat. 934.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 934.10.

Annotations, Discussions, Cases:

Cases Citing Statute 934.10

Total Results: 20

South Broward Hospital District D/B/A Memorial Healthcare System v. Joseph Kaplan and Donald Solomon

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: entity, it permits suit against the district. See § 934.10, Fla. Stat. (2022). Sovereign immunity is the…implied because the legislature amended section 934.10 to include claims against any person or entity.…conclude that the legislature’s amendment of section 934.10—applying it to a “person or entity” instead of

DAVID W. RACE v. WILLIAM J. MITCHELL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-07T23:53:00-08:00

Snippet: Plaintiff sued Defendant in Florida under section 934.10, Florida Statutes (2019), which creates a civil…calls without the consent of all parties. See § 934.10(1), Fla. Stat. (2019) (“Any person whose wire,

Skydive Space Center, Inc. v. Pohjolainen

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-12T00:00:00-07:00

Citation: 275 So. 3d 825

Snippet: disclosure of intercepted oral communications); § 934.10, Fla. Stat. (2015) (providing a cause of action

Skydive Space Center, Inc. v. Pohjolainen

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-12T00:00:00-07:00

Citation: 275 So. 3d 825

Snippet: disclosure of intercepted oral communications); § 934.10, Fla. Stat. (2015) (providing a cause of action

State v. Caraballo

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 198 So. 3d 819, 2016 Fla. App. LEXIS 3523, 2016 WL 886538

Snippet: during a meeting with his employer violated section 934.10. The statements were made in the employer’s office

Haygood v. State

Court: Fla. | Date Filed: 2013-02-14T00:00:00-08:00

Citation: 109 So. 3d 735, 38 Fla. L. Weekly Supp. 93, 2013 WL 535412, 2013 Fla. LEXIS 261

Snippet: deliberations toward rational verdicts.” Id. at 934.10 The jury pardon doctrine encourages jurors to violate

France v. France

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-01T00:00:00-07:00

Citation: 90 So. 3d 860, 2012 WL 1956352, 2012 Fla. App. LEXIS 8799

Snippet: 864In providing a private cause of action, section 934.10 would appear to - be punitive in nature. The statute…act that allowed for a civil remedy under section 934.10, it would seem to be necessary that her conduct

Perdue v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-02T00:00:00-08:00

Citation: 78 So. 3d 712, 2012 Fla. App. LEXIS 1372, 2012 WL 310878

Snippet: provisions of Florida law governing 911 systems); § 934.10(2)(c), Fla. Stat. (2009) (providing a "complete

Minotty v. Baudo

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-21T00:00:00-07:00

Citation: 42 So. 3d 824, 2010 WL 2882460

Snippet: Interception of Communications Pursuant to Section 934.10, Florida Statutes Dr. Minotty argues that the trial…action to cases of actual interception. Section 934.10, Florida Statutes provides: Civil remedies. (1)…sued Southern Bell for damages for violation of 934.10. The phone company obtained a summary judgment.…surveillance is not covered by section 934.02 or 934.10. As in Larios, FEI/doctors have pointed to no authority

Kountze v. Kountze

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-12T00:00:00-08:00

Citation: 996 So. 2d 246, 2008 WL 5191571

Snippet: the right to receive a civil remedy under section 934.10 of the Act for an illegal recording of a telephone

Brillinger v. City of Lake Worth

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:00:00-07:00

Citation: 978 So. 2d 265, 2008 Fla. App. LEXIS 5200, 2008 WL 942525

Snippet: playback system was installed in the PSAP was legal. § 934.10(2)(c), Fla. Stat. (2000). The instant playback

Horning-Keating v. Employers Ins. of Wausau

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-26T00:53:00-07:00

Citation: 969 So. 2d 412

Snippet: ) he had a good *417 faith belief under section 934.10(2) of the Florida Statutes that the tape recording

Cohen Brothers, LLC. v. Me Corp., Sa

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-14T00:53:00-07:00

Citation: 872 So. 2d 321

Snippet: disclose, or use, such communications.... *324 § 934.10(1), Fla. Stat. (1999). The term "person"

Accept. Ins. Co. v. Bates, Dunning & Assoc., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-13T00:53:00-07:00

Citation: 858 So. 2d 1068

Snippet: action. Reversed and remanded. NOTES [1] Section 934.10 provides an injured party with civil remedies for…suggestion and considering a good-faith defense, § 934.10(2), Fla. Stat. (2001), as we are limited to reviewing

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-01-10T23:53:00-08:00

Snippet: statute a felony and prescribing penalties; and s. 934.10, Fla. Stat., providing a civil cause of action

Jatar v. Lamaletto

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-03T00:00:00-07:00

Citation: 758 So. 2d 1167, 2000 Fla. App. LEXIS 5252, 2000 WL 525888

Snippet: an action for civil remedies pursuant to section 934.10, Florida Statutes (1989), alleging that defendants

Brown v. State

Court: Fla. | Date Filed: 2000-03-08T23:53:00-08:00

Citation: 755 So. 2d 616

Snippet: same argument was harmless error. 595 So.2d at 934. [10] See Sims v. Singletary, 155 F.3d 1297, 1306-

Miranda v. Chase Manhattan Investment Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-04T00:00:00-08:00

Citation: 706 So. 2d 130, 1998 Fla. App. LEXIS 2227

Snippet: PER CURIAM. Affirmed. § 934.10(3), Fla. Stat. (1993). No. 97-1962 District Court of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-03-06T23:53:00-08:00

Snippet: occurred and there can be no liability under section 934.10. The exception has two prongs. First, the communication

Wood v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-21T00:53:00-07:00

Citation: 654 So. 2d 218

Snippet: some of whom had worked on amendments to section 934.10(2)(b), Florida Statutes, from which his defense…requested and submitted a jury charge, based on section 934.10(2)(b), instructing that a defense existed as a …Appellant attempted to raise a defense under section 934.10(2)(b), Florida Statutes (1991), which states: (…cases interpreting the defense provided in section 934.10(2)(b). Although the appellee has argued that the… 1986 to create the defense provided in section 934.10(2)(b). The utilization of this defense does not