Florida's statute makes it illegal to intentionally intercept, attempt to intercept or have someone else intercept on your behalf any wire, electronic or oral communication through the use of a device. It is also illegal to intentionally use, attempt to use or have someone else use "any electronic, mechanical, or other device" to intercept an oral communication when the device transmits by radio or by a signal through "a wire, cable, or other like connection" used in wire communication. Interception is not illegal if one has the prior consent of all parties, unless it is done for the purpose of committing a criminal act.
It is illegal to intentionally use, disclose, or attempt to use or disclose the contents (any information concerning the substance, purport or meaning) of a communication if one knows or has reason to know that the information was obtained through unlawful interception.
Privacy
The statute requires a reasonable expectation of privacy for oral communications. To be protected, an oral communication must be uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances that justify that expectation. It specifically does not mean any "public oral communication uttered at a public meeting."
The Florida statute excludes the radio portion of a cordless telephone signal from its definition of a "wire communication," but the state supreme court in 1995 ruled that cordless telephone conversations are "oral communications" and are therefore protected by the law.
It is legal to intercept any radio communication that is transmitted by any governmental, law enforcement, civil defense, private land mobile or public safety communications system, including police and fire department systems, that is readily accessible to the general public. "Readily accessible" means, among other things, that the communication is not scrambled or encrypted. Interception of amateur, citizens band and general mobile radio services communications is also legal. Cellular telephone communications are protected by the statute; a first-offense interception is a misdemeanor.
Possession
It is illegal to possess any electronic, mechanical or other type of device designed and primarily useful for illegal interception. Such devices are subject to seizure and forfeiture.
Criminal and civil penalties
In general, violation is a third-degree felony, but some first offenses are punished as misdemeanors. Depending on prior record, purpose and commercial gain, punishment can range anywhere from 60 days in jail and a $500 fine to five years in jail and a fine of $5,000 or three times the monetary amount gained or lost.
Someone whose communication is illegally intercepted, disclosed or used can sue for equitable relief, such as an injunction, and for either actual damages or statutory damages calculated at $100 a day for each day of violation or $1,000, whichever is higher. Punitive damages, reasonable attorney's fees and court costs are also available. The statute of limitations on civil action is two years after the date when "the claimant first has a reasonable opportunity to discover the violation."
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