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Florida Statute 934.27 - Full Text and Legal Analysis
Florida Statute 934.27 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 934.27 Case Law from Google Scholar Google Search for Amendments to 934.27

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
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.

F.S. 934.27 on Google Scholar

F.S. 934.27 on CourtListener

Amendments to 934.27


Annotations, Discussions, Cases:

Cases Citing Statute 934.27

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Shawn Alvin Tracey v. State of Florida, 152 So. 3d 504 (Fla. 2014).

Cited 4 times | Published | Supreme Court of Florida | 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072, 2014 WL 5285929

... Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. Section 934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss. 934.21- 934.27 are the only judicial remedies and sanctions for violation of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23....
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Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

...§ 2708." Smith, 155 F.3d at 1056 (emphasis in original). Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. Section 934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss. 934.21-934.27 are the only judicial remedies and sanctions for violation of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23....

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