Florida § 934.27 Civil action: relief; damages; defenses

Florida Statutes

§ 934.27 — Civil action: relief; damages; defenses

Florida § 934.27

TitleXLVII

Ch. 934SECURITY OF COMMUNICATIONS; SURVEILLANCE

This text of Florida § 934.27 (Civil action: relief; damages; defenses) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 934.27 (2026).

Text

(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 an

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(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.