Florida Statutes
Chapter 934 - Security of Communications; Surveillance
934.41 - Alternative Penalty.


(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this chapter, through which she or he derived pecuniary value, or by which she or he caused property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2) The court shall hold a hearing to determine the amount of the fine authorized by subsection (1).
(3) For the purposes of subsection (1), “pecuniary value” means:
(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(b) Any other property or service that has a value in excess of $100.

History.—s. 15, ch. 89-269; s. 1587, ch. 97-102.

Structure Florida Statutes

Florida Statutes

Title XLVII - Criminal Procedure and Corrections

Chapter 934 - Security of Communications; Surveillance

934.01 - Legislative Findings.

934.02 - Definitions.

934.03 - Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited.

934.04 - Manufacture, Distribution, or Possession of Wire, Oral, or Electronic Communication Intercepting Devices Prohibited.

934.05 - Confiscation of Wire, Oral, or Electronic Communication Intercepting Devices.

934.06 - Prohibition of Use as Evidence of Intercepted Wire or Oral Communications; Exception.

934.07 - Authorization for Interception of Wire, Oral, or Electronic Communications.

934.08 - Authorization for Disclosure and Use of Intercepted Wire, Oral, or Electronic Communications.

934.09 - Procedure for Interception of Wire, Oral, or Electronic Communications.

934.10 - Civil Remedies.

934.15 - Situations in Which Law Enforcement Officer May Order Telephone Line Cut, Rerouted, or Diverted.

934.21 - Unlawful Access to Stored Communications; Penalties.

934.215 - Unlawful Use of a Two-Way Communications Device.

934.22 - Voluntary Disclosure of Customer Communications or Records.

934.23 - Required Disclosure of Customer Communications or Records.

934.24 - Backup Preservation; Customer Notification; Challenges by Customer.

934.25 - Delayed Notice.

934.255 - Subpoenas in Investigations of Sexual Offenses.

934.26 - Cost Reimbursement.

934.27 - Civil Action: Relief; Damages; Defenses.

934.28 - Exclusivity of Remedies and Sanctions.

934.31 - General Prohibition on Pen Register and Trap and Trace Device Use; Exception.

934.32 - Application for an Order for a Pen Register or a Trap and Trace Device.

934.33 - Issuance of an Order for a Pen Register or a Trap and Trace Device.

934.34 - Assistance in Installation and Use of a Pen Register or a Trap and Trace Device.

934.41 - Alternative Penalty.

934.42 - Mobile Tracking Device Authorization.

934.425 - Installation of Tracking Devices or Tracking Applications; Exceptions; Penalties.

934.43 - Criminal Disclosure of Subpoena, Order, or Authorization.

934.50 - Searches and Seizure Using a Drone.