Can I legally record a phone call or conversation in Florida?
Florida's Security of Communications Act is one of the strictest two-party consent laws in the country.
1. Consent Rule
Fla. Stat. § 934.03 makes it unlawful to intercept any wire, oral, or electronic communication without the consent of every party. The statute defines "oral communication" as one uttered with an expectation that it is not subject to interception under circumstances justifying that expectation.
2. Federal Overlay
Federal Wiretap Act 18 U.S.C. § 2511 requires only one-party consent. Florida's stricter rule applies for any communication within or partly within the state.
3. In-Person vs Electronic
Both require all-party consent if there is a reasonable expectation of privacy. The Florida Supreme Court has held face-to-face conversations in semi-public settings can still qualify (State v. Inciarrano, 1985, exception for committing crime).
4. Cross-Border Calls
The Florida Supreme Court in Koch v. Kimball and federal courts apply Florida law to calls received in Florida by a Florida resident — even if the other party in a one-party state had no duty under their own law.
5. Criminal Penalties
First-offense interception is a third-degree felony — up to 5 years prison, $5,000 fine. Disclosure or use of illegally obtained recordings is also a third-degree felony.
6. Civil Liability
Fla. Stat. § 934.10 allows recovery of the greater of actual damages or $100/day per violation up to $1,000, plus punitive damages, attorney fees, and injunctive relief. Federal § 2520 provides parallel federal relief.
7. Exceptions
Law enforcement with judicial authorization under § 934.07; party consent (all parties); communications uttered with no reasonable expectation of privacy (loud public statements); business-extension use; investigative reporters do not have an exemption.
8. Video / Surveillance
Fla. Stat. § 810.145 (video voyeurism) criminalizes recording private areas without consent. Silent video in public is generally permitted.
This is legal information, not legal advice.
- Recorded an interstate call without disclosure and facing a Florida § 934.10 demand letter
- Charged with a third-degree felony under § 934.03 for secretly recording a spouse or coworker
- Recording being challenged in Florida family or employment litigation
- Fla. Stat. § 934.03
- Fla. Stat. § 934.10
- Fla. Stat. § 934.07
- Fla. Stat. § 810.145
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.