Category: Criminal Offenses · Statute: F.S. 934.215 · Source: Florida Legislature
Understanding Unlawful Use of Communications Device in Florida
In Florida, Unlawful Use of a Two-Way Communications Device is a distinct criminal offense under Section 934.215 of the Florida Statutes. This charge arises when a person utilizes a communication tool—such as a smartphone, computer, tablet, or even a traditional landline—to facilitate, commit, or attempt to commit any felony. It is most frequently charged as an "add-on" offense in drug distribution, trafficking, or conspiracy investigations, where law enforcement intercepts text messages, phone calls, or encrypted messaging app data used to arrange the logistics of an illegal transaction.
To secure a conviction, Florida prosecutors must prove that the defendant knowingly used the device and that the underlying activity being facilitated was indeed a felony. Because the statute defines "two-way communication device" broadly, it encompasses modern digital communication methods, including social media platforms and direct messaging applications. Because this charge is classified as a third-degree felony, an individual can face up to five years in prison and a $5,000 fine solely for the act of using the device, completely separate from the penalties of the primary felony charge.
Bail and Pretrial Release for Communication Device Charges
When a defendant is arrested for Unlawful Use of a Communications Device alongside a primary felony like drug trafficking, Florida judges evaluate bail based on the combined risk of both charges. Because this offense demonstrates the use of technology to coordinate criminal activity, prosecutors often argue that the defendant poses a heightened risk of ongoing criminal operations while on release. Consequently, a judge may impose specific bond conditions, such as prohibiting the possession or use of smartphones, computers, or internet-connected devices as a condition of pretrial release.
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