Florida Statutes

Fla. Stat. § 934.215 (2025)

Unlawful use of a two-way communications device.

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934.215 Unlawful use of a two-way communications device.—Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 2001-114.

Arrestable Offenses under F.S. 934.215

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§934.215PUBLIC ORDER CRIMESUSE 2 WAY COMM DEVICE TO FACIL FELONYF · 3rd

Notes of Decisions

Cited in 34 cases (3 in the last 5 years), 2013–2025 · leading case: State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).

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State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). · cites it 9× “26 § 934.215, Fla. Stat. (2013). 61 a computer to facilitate or solicit sexual conduct with a person believed to be a child (“solicitation”).”

Brian Mitchell Lee v. State of Florida, 258 So. 3d 1297 (Fla. 2018). · cites it 5× “§ 934.215, Fla. Stat. (2013). Finally, the traveling after solicitation statute provides in pertinent part: *1302 (4) Traveling to meet a minor.”

Holubek v. State, 173 So. 3d 1114 (Fla. 5th DCA 2015). · cites it 8× “His second argument, raised for the first time 'on appeal, is that his conviction in Count 1 under section 934.215, Florida Statutes (2013), violates double jeopardy because the elements are subsumed into either Count 2 under section 847.”

Batchelor v. State, 193 So. 3d 1054 (Fla. 2d DCA 2016). · cites it 4× “0135(4)(b) and unlawful use of a two-way communications device under section 934.215. The State alleged in a second amended information that Mr.”

Mizner v. State, 154 So. 3d 391 (Fla. 2d DCA 2014). · cites it 3× “0135(4)(b), a second-degree felony; Count 3, unlawful use of a two-way communications device in violation of section 934.215, Florida, Statutes (2011), a third-degree felony; and Count 4, attempt to commit sexual battery by a person eighteen years of age or older upon a child…”

Alan Lynsdale Hamilton v. State of Florida, 163 So. 3d 1277 (Fla. 1st DCA 2015). · cites it 3× “0135(4), Florida Statutes (2013), and unlawful use of a two-way communications device under section 934.215, Florida Statutes (2013), violate double jeopardy, and therefore vacate his judgment and sentence for unlawful use of a two-way communications device.”

David Leon Lashley v. State of Florida, 194 So. 3d 1084 (Fla. 1st DCA 2016). · cites it 3× “0135(4), Florida Statutes (2013), and unlawful use of a two-way communications device under section 934.215, Florida Statutes (2013), violate double jeopardy).”

David F. Honaker v. State, 199 So. 3d 1068 (Fla. 5th DCA 2016). · cites it 2× “We also find that Appellant’s dual convictions for unlawful use of a two-way communications device, in violation of section 934.215, Florida Statutes (2012), and traveling after solicitation violate double jeopardy.”

Holt v. State, 173 So. 3d 1079 (Fla. 5th DCA 2015). · cites it 10× “It provides, “Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree.”

Exantus v. State, 198 So. 3d 1 (Fla. 2d DCA 2014). · cites it 3× “0135(2), (4), Florida Statutes (2011), or section 934.215, Florida Statutes (2011).”

Weitz v. State, 229 So. 3d 872 (Fla. 2d DCA 2017). · cites it 2× “0138, Florida Statutes (2012), and unlawfully using a two-way communications device under section 934.215, Florida Statutes (2012), violate double jeopardy.”

Gennette v. State, 124 So. 3d 273 (Fla. 1st DCA 2013). · cites it 2× “Edwin Gennette appeals his conviction and sentence for one count of unlawful use of a two-way communications device to facilitate a felony, in violation of section 934.215, Florida Statutes. The conviction was based on Appellant’s plea of nolo con-tendere, entered after the…”

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