934.27
Civil action: relief; damages; defenses.
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934.27 Civil action: relief; damages; defenses.—
(1) Except as provided in s. 934.23(5), any provider of electronic communication service, or subscriber or customer thereof, aggrieved by any violation of ss. 934.21-934.28 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as is appropriate.
(2) In a civil action under this section, appropriate relief includes:
(a) Such preliminary and other equitable or declaratory relief as is appropriate.
(b) Damages under subsection (3).
(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a plaintiff entitled to recover be awarded less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under ss. 934.21-934.28:
(a) A court warrant or order, a subpoena, or a statutory authorization, including, but not limited to, a request of an investigative or law enforcement officer to preserve records or other evidence, as provided in s. 934.23(7).
(b) A request of an investigative or law enforcement officer under s. 934.09(7).
(c) A good faith determination that s. 934.03(3) permitted the conduct complained of.
(5) A civil action under this section may not be commenced later than 2 years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
History.—s. 9, ch. 88-184; s. 11, ch. 89-269; s. 14, ch. 2000-369; s. 9, ch. 2002-72.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1998–2025 · leading case: Shawn Alvin Tracey v. State of Florida
Shawn Alvin Tracey v. State of Florida (2014)
“21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.”
Koch v. Kimball (1998)
“We believe that this interpretation is in conformance with the intent of the civil provisions of the Act (§ 934.27, Fla.Stat. (1995)), which seek to protect the privacy of the speaker.”
Tracey v. State (2011)
“21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.”
Mack v. Lee Memorial Health System (2025)
“28, referencing “governmental entity,” and in section 934.27(1), allowing aggrieved parties to “recover from the person or entity” that violated sections 934.”
— 934.27(1) — 1 case
Mack v. Lee Memorial Health System (2025)
“28, referencing “governmental entity,” and in section 934.27(1), allowing aggrieved parties to “recover from the person or entity” that violated sections 934.”
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