 |
Florida Statutes (Last Updated: April 21, 2021) |
 |
TITLE XLVII. CRIMINAL PROCEDURE AND CORRECTIONS |
|
CHAPTER 934. SECURITY OF COMMUNICATIONS; SURVEILLANCE |
Latest version.
- 1(1) 2Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 19934.0320-21934.09 22shall 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:77(a) 78Preliminary or equitable or declaratory relief as may be appropriate;88(b) 89Actual 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;116(c) 117Punitive damages; and120(d) 121A reasonable attorney’s fee and other litigation costs reasonably incurred.131(2) 132A good faith reliance on:137(a) 138A court order, subpoena, or legislative authorization as provided in ss. 149934.03150-151934.09,152(b) 153A request of an investigative or law enforcement officer under s. 164934.09(7), 165or166(c) 167A good faith determination that Florida or federal law, other than 18 U.S.C. s. 2511(2)(d), permitted the conduct complained of
187shall constitute a complete defense to any civil or criminal, or administrative action arising out of such conduct under the laws of this state.
211(3) 212A 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.
