934.10 Civil remedies. - Florida Statutes

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.