Video And Audio Surveillance Laws: FL

FLORIDA is considered an All-Party Consent State meaning you cannot record conversations unless every single person in that conversation gives consent. As per Justia1, “In Florida, it is illegal to record an in-person or telephone conversation without the consent of all parties. Violating this law constitutes either a misdemeanor or a third-degree felony depending on the offender’s intent and conviction history, and can also subject the offender to civil damages. FL Stat § 934.03 (definition & penalties).”

It does bear to note that according to an article by Florida attorney James P Tarquin, P.A.3,

“There is also an exception that allows minors under 18 to record conversations in which they are involved if they have reason to believe someone will make a statement about unlawful sexual or physically violent acts against the minor.”

VIDEO SURVEILLANCE

As per the Upcounsel website2,

Video surveillance laws differ greatly from state to state. There’s a total lack of federal laws prohibiting video surveillance in public, in the workplace, and elsewhere, sometimes known as CCTV, or closed-circuit television. Most states allow this surveillance to occur, but there are some small exceptions and some circumstances that require monitoring on a case-by-case basis.

 

AUDIO SURVEILLANCE

 

Federal and state laws differ as to the legality of recording phone calls and conversations. Determining which jurisdiction’s law controls in cases involving recording devices or parties in multiple states can be complex, so it is likely best to adhere to the strictest applicable law when in doubt, and/or get the clear consent of all parties before recording.

If you discover any of the above information has changed, is outdated, or is otherwise incorrect before we do, please drop us an email and let us know.  Thank you.


*Information in the "Policy" section does not constitute as legal advice. Please consult an attorney for any and all legal advice.
(1) Recording Phone Calls and Conversations, https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/#florida
(2) Video Surveillance Laws by State: Everything You Need to Know, https://www.upcounsel.com/video-surveillance-laws-by-state
(3) Can Florida Workers Record a Conversation At Work? https://www.ocalaemploymentlawyer.com/can-florida-workers-record-a-conversation-at-work/
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