29.26 UNLAWFUL USE OF A TWO-WAY COMMUNICATIONS DEVICE
§ 934.215, Fla. Stat.
To prove the crime of Unlawful Use of a Two-Way Communications Device, the State must prove the following two elements beyond a reasonable doubt:
1.	(Defendant) used a two-way communications device.
2.	[He] [She] did so for the purpose of facilitating or furthering the commission of a felony.
Give if applicable.
The Court instructs you that (name of felony) is a felony.
Give if requested.
The term “two-way communications device” includes, but is not limited to a portable two-way wireless device.
Lesser Included Offenses
UNLAWFUL USE OF A TWO-WAY COMMUNICATION DEVICE — 934.215
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
None				
	Attempt	777.04(1)	5.1	
Comments
As of November 2016, there was no definition in the statutes or case law for “two-way communications device.”
If there is a dispute about whether the defendant was facilitating or furthering the commission of a felony as opposed to a misdemeanor, the court might consider instructing jurors on the elements of the felony.
This instruction was adopted in 2017.