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Florida Statute 934.10 | Lawyer Caselaw & Research
F.S. 934.10 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 934.10

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
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;
(c) Punitive damages; and
(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 from cite.case.law:

SKYDIVE SPACE CENTER, INC. v. POHJOLAINEN, d b a, 275 So. 3d 825 (Fla. App. Ct. 2019)

. . . intercept oral communications, and the subsequent use or disclosure of intercepted oral communications); § 934.10 . . .

STATE v. CARABALLO,, 198 So. 3d 819 (Fla. Dist. Ct. App. 2016)

. . . employee alleged that the recording of his statements during a meeting with his employer violated section 934.10 . . .

B. STALLEY, v. ADS ALLIANCE DATA SYSTEMS, INC., 997 F. Supp. 2d 1259 (M.D. Fla. 2014)

. . . if this exception is met, then no interception occurred and there can be no liability under section 934.10 . . .

B. STALLEY, v. ADS ALLIANCE DATA SYSTEMS, INC., 296 F.R.D. 670 (M.D. Fla. 2013)

. . . Third Amended Complaint, Stalley and Hallback seek injunctive relief pursuant to Florida Statute § 934.10 . . . While § 934.10 provides a statutory scheme for the award of actual damages, it requires that damages . . . Stat. § 934.10(l)(b). . . .

BOLLEA, v. CLEM, 937 F. Supp. 2d 1344 (M.D. Fla. 2013)

. . . of emotional distress, (4) negligent infliction of emotional distress, and (5) violation of Section 934.10 . . . Section 934.10(1) provides ''[a]ny person whose wire, oral, or electronic communication is intercepted . . .

Z. FRANCE, v. P. FRANCE,, 90 So. 3d 860 (Fla. Dist. Ct. App. 2012)

. . . In providing a private cause of action, section 934.10 would appear to - be punitive in nature. . . . France to have committed an act that allowed for a civil remedy under section 934.10, it would seem to . . .

PERDUE, v. STATE, 78 So. 3d 712 (Fla. Dist. Ct. App. 2012)

. . . belief that the recording was authorized by other provisions of Florida law governing 911 systems); § 934.10 . . .

In D. WALKER, D. v. SLM S. C. P. C., 650 F.3d 1227 (8th Cir. 2011)

. . . The paystubs indicate automatic payroll deductions in the amount of $934.10 for items such as retirement . . .

In D. WALKER, D. v. SLM S. C. P. C., 650 F.3d 1227 (8th Cir. 2011)

. . . The paystubs indicate automatic payroll deductions in the amount of $934.10 for items such as retirement . . .

V. MINOTTY, M. D. v. A. BAUDO, M. D. M. D. M. D. V. M. D. v. A. M. D. M. D. M. D., 42 So. 3d 824 (Fla. Dist. Ct. App. 2010)

. . . Claim for Interception of Communications Pursuant to Section 934.10, Florida Statutes Dr. . . . Section 934.10, Florida Statutes provides: Civil remedies. (1) Any person whose wire, oral, or electronic . . . Armstrong sued Southern Bell for damages for violation of 934.10. . . . essentially the same language, we conclude that silent video surveillance is not covered by section 934.02 or 934.10 . . .

In D. WALKER, D. v. SLM P. C. S. C., 427 B.R. 471 (B.A.P. 8th Cir. 2010)

. . . from income, the Bankruptcy Court found that Troy’s paystubs from his police job showed that he had $934.10 . . .

In D. WALKER, D. v. SLM P. C. S. C., 406 B.R. 840 (Bankr. D. Minn. 2009)

. . . These total to $934.10 per month. . . . as follows: HCSP-MSRS $ 50.00 Def Comp 300.00 4 MED CHBtx 151.60 B Tax Opt L 28.76 Pension 403.74 $934.10 . . .

KOUNTZE, v. H. KOUNTZE,, 996 So. 2d 246 (Fla. Dist. Ct. App. 2008)

. . . in 2003 in Collier County against Neely claiming the right to receive a civil remedy under section 934.10 . . .

BRILLINGER, v. CITY OF LAKE WORTH,, 978 So. 2d 265 (Fla. Dist. Ct. App. 2008)

. . . . § 934.10(2)(c), Fla. Stat. (2000). . . .

O. HORNING- KEATING, v. EMPLOYERS INSURANCE OF WAUSAU,, 969 So. 2d 412 (Fla. Dist. Ct. App. 2007)

. . . Statutes for reporting evidence of suspected insurance fraud; (4) he had a good faith belief under section 934.10 . . .

WILLIAMS, v. B. CARNEY,, 157 F. App'x 103 (11th Cir. 2005)

. . . . §§ 1983 and 1985; (2) section 934.10, Florida Statutes; and (3) state law governing “intentional torts . . . Section 934..10, Florida Statutes Section 934.10, Florida Statutes provides a civil remedy for persons . . . Accordingly, the district court did not err in dismissing his section 934.10 claims, as his statements . . . Section 934.10, Florida Statutes provides a civil remedy for the unlawful interception, disclosure, or . . .

A. BOEHNER, v. A. McDERMOTT,, 332 F. Supp. 2d 149 (D.D.C. 2004)

. . . . § 934.10 that authorize private actions to recover for violations of the federal and state wiretapping . . . Stat. §§ 934.03, 934.10 because Defendant did not avail himself of the protection of Florida law and . . .

COHEN BROTHERS, LLC. LLC, v. ME CORP. S. A., 872 So. 2d 321 (Fla. Dist. Ct. App. 2004)

. . . The Wiretap Statute provides in pertinent part that: § 934.10(1), Fla. Stat. (1999). . . .

ACCEPTANCE INSURANCE COMPANY, v. BATES, DUNNING ASSOCIATES, INC., 858 So. 2d 1068 (Fla. Dist. Ct. App. 2003)

. . . Section 934.10 provides an injured party with civil remedies for violation of section 934.03. . . . . addition, we are precluded from following Bates' suggestion and considering a good-faith defense, § 934.10 . . .

ALLOCCO, v. CITY OF CORAL GABLES, A A, 221 F. Supp. 2d 1317 (S.D. Fla. 2002)

. . . . § 934.10. As extensively discussed in the earlier part of this order, for purposes of Fla. . . . . § 934.10, the plaintiffs are classified as “part-time law enforcement officers”. . . .

JATAR, v. LAMALETTO a, 758 So. 2d 1167 (Fla. Dist. Ct. App. 2000)

. . . Jatar brought an action for civil remedies pursuant to section 934.10, Florida Statutes (1989), alleging . . .

A. BOEHNER, v. A. McDERMOTT,, 191 F.3d 463 (D.C. Cir. 1999)

. . . . §§ 934.03(l)(c) & 934.10 (West 1996), these statutes are patterned after the federal statute and do . . .

MIRANDA, v. CHASE MANHATTAN INVESTMENT SERVICES, INC., 706 So. 2d 130 (Fla. Dist. Ct. App. 1998)

. . . . § 934.10(3), Fla. Stat. (1993). . . .

WOLFSON v. LEWIS,, 168 F.R.D. 530 (E.D. Pa. 1996)

. . . and illegal interception of wire, oral or electronic communications under Florida Statutes Ann. eh. 934.10 . . .

WOLFSON v. LEWIS,, 924 F. Supp. 1413 (E.D. Pa. 1996)

. . . Fla.Stat.Anno. eh. 934.10; 18 Pa. C.A. § 5725. . . .

COTEAU PROPERTIES COMPANY, v. DEPARTMENT OF INTERIOR, 53 F.3d 1466 (8th Cir. 1995)

. . . . § 934.10 (1989). . . .

WOOD, v. STATE, 654 So. 2d 218 (Fla. Dist. Ct. App. 1995)

. . . had researched case law and spoken with many people, some of whom had worked on amendments to section 934.10 . . . Appellant requested and submitted a jury charge, based on section 934.10(2)(b), instructing that a defense . . . Appellant attempted to raise a defense under section 934.10(2)(b), Florida Statutes (1991), which states . . . Neither party has revealed any cases interpreting the defense provided in section 934.10(2)(b). . . . parties, the legislature fui'ther amended chapter 934 in 1986 to create the defense provided in section 934.10 . . .

RELIANCE INSURANCE COMPANY, v. LAZZARA OIL COMPANY,, 601 So. 2d 1241 (Fla. Dist. Ct. App. 1992)

. . . The. suit for damages was based upon section 934.10 which provides for the recovery of damages from “ . . . consequences of that act, to wit, the harm which section 934.03 was enacted to interdict and for which section 934.10 . . . enacted after the alleged recordings in this case which provide a good faith defense under section 934.10 . . .

WANDER v. FEINBERG, 50 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1991)

. . . Count I is based on F.S. 934.10 — Civil remedies for violations of Florida’s Securities of Communications . . . Count I — Florida Security of Communications Claim F.S. 934.10 In 1987, F.S. 934.10 did not contain its . . . Subsequently, effective October 1, 1989, F.S. 934.10 was amended as follows: (3) A civil action under . . . Nor is there any manifestation of legislative intent that F.S. 934.10(3) be given retroactive effect. . . . F.S. 934.10(3) makes no provision for the applicability of the two year period to causes of action accrued . . .

ROYAL HEALTH CARE SERVICES, INCORPORATED, d b a v. JEFFERSON- PILOT LIFE INSURANCE COMPANY,, 924 F.2d 215 (11th Cir. 1991)

. . . HISTORY Royal Health sued JP Life for unauthorized interception of an oral communication under section 934.10 . . . Royal Health alleges a claim under section 934.10 of the Act. . . . Fla.Stat.Ann. § 934.10 (West Supp.1990). . . . if this exception is met, then no interception occurred and there can be no liability under section 934.10 . . .

MITCHELL, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a, 747 F. Supp. 1446 (M.D. Fla. 1990)

. . . misleading advertising); 817.706(1) (violations of regulations governing credit service organizations); 934.10 . . .

J. SCUTIERI, Jr. v. ESTATE OF REVITZ,, 683 F. Supp. 795 (S.D. Fla. 1988)

. . . . § 934.10) The parties agree that this statute is modeled after 18 U.S.C. § 2511 and that a four-year . . .

B. HUTCHINS, v. T. HUTCHINS,, 508 So. 2d 391 (Fla. Dist. Ct. App. 1987)

. . . $20,-000 award for unlawful interception of a communication under the wiretapping statute (section 934.10 . . .

J. SCUTIERI, Jr. v. PAIGE J. SCUTIERI, Jr. v. PAIGE,, 808 F.2d 785 (11th Cir. 1987)

. . . . § 605, a Florida wiretapping statute, Fla.Stat. 934.10, a claim under 42 U.S.C. § 1983, and claims . . . The complaint sought civil damages for, inter alia, violations of 18 U.S.C. § 2520 and Fla.Stat. § 934.10 . . .

S. RUBIN, v. STATE, 490 So. 2d 1001 (Fla. Dist. Ct. App. 1986)

. . . State of Florida, 495 F.2d 1086 (5th Cir.1974) (good faith reliance on wiretap order); § 934.10, Fla.Stat . . .

DOANE v. ASSOCIATED BUREAUS, INC., 7 Fla. Supp. 2d 12 (Orange Cty. Ct. 1984)

. . . He has, therefore, brought action for damages pursuant to Florida Statute Section 934.10 alleging that . . .

D. BURGESS, v. F. BURGESS,, 447 So. 2d 220 (Fla. 1984)

. . . I do not believe that the legislature, in enacting section 934.10, Florida Statutes (1979), intended . . . I disagree with the majority that section 934.10 positively and unambiguously provides an aggrieved party . . . I believe that the majority has misread section 934.10 to allow this limited exception to the doctrine . . . civil cause of action for money damages brought by one spouse against the other spouse, under Section 934.10 . . . For reasons discussed below we find that the language of section 934.10 is both “positive and unambiguous . . . Burgess, petitioner, filed a civil action seeking monetary damages under section 934.10 based on Mr. . . . The word “person”, as used in section 934.10, is defined by statute as follows: (5) “Person” means any . . . In sum, the remedy afforded by section 934.10 should not be circumscribed by the doctrine of interspousal . . .

LOMELO, Jr. v. O. SCHULTZ,, 422 So. 2d 1050 (Fla. Dist. Ct. App. 1982)

. . . appellee with improper disclosure of an intercepted wire or oral communication, in violation of Sections 934.10 . . . Section 934.10, Florida Statutes, states: Any person whose wire or oral communication is intercepted, . . .

D. BURGESS, v. F. BURGESS,, 417 So. 2d 1173 (Fla. Dist. Ct. App. 1982)

. . . the trial court reluctantly dismissing her cause of action for civil damages brought under Section 934.10 . . . Burgess filed a complaint pursuant to Section 934.10 based on Mr. . . . played before her neighbors so that she might maintain a cause of action for damages under Section 934.10 . . . civil cause of action for money damages brought by one spouse against the other spouse, under Section 934.10 . . .

M. BROWN, v. SHEARSON HAYDEN STONE, INC., 94 F.R.D. 159 (S.D. Fla. 1982)

. . . . § 934.10. . . .

ROBERTS, v. JARDINE,, 366 So. 2d 124 (Fla. Dist. Ct. App. 1979)

. . . She based her action on Section 934.10, Florida Statutes (1977), which authorizes damages for the wrongful . . .

ARMSTRONG v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 366 So. 2d 88 (Fla. Dist. Ct. App. 1979)

. . . upon their telephone line, thereby entitling them to a cause of action pursuant to Florida Statute 934.10 . . .

STATE v. BLACKBURN,, 35 Fla. Supp. 202 (Seminole Cty. Cir. Ct. 1971)

. . . controlling statutes are contained in chapter 934, Florida Statutes, specifically §§934.01 through 934.10 . . .