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Quick Answers on Florida Law: Security of Communications Act/Wiretap

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Florida Law Quick Answers

This article is a Quick Answer Page on Security of Communications Act/Wiretap, provided by Andrew Douglas, P.A.

What is Security of Communications Act/Wiretap in Florida?
How do I prove a Security of Communications Act/Wiretap claim in Florida?
What are the elements of a claim for Security of Communications Act/Wiretap in Florida?

Florida Statutes §934.10:
(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.
Fla. Stat. §934.10 (2005).

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