FLORIDA is considered an All-Party Consent State meaning you cannot record conversations unless every single person in that conversation gives consent. That means secretly recording others without expressed consent, not implied, is not an option in Florida. And there’s more. Watch our video here to learn about the far-reaching effects of illegally obtaining a recording in Florida!
There are circumstances and spaces that can affect whether you can legally record your abuser, even in a 1-party consent state, which Florida IS NOT, so GET LEGAL ADVISE.
Watch our video here to learn about the far-reaching effects of what you can and cannot do when recording in Florida!
CLICK HERE FOR VIDEO (on TikTok)
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).1
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.”
A new addition to the law, brought to light by Florida attorney, Jessica Abel of Three Rivers Legal Services 4,
“If there is an injunction or similar court ordered no contact order in place then one-party recording is allowed to show violation’s of the same.”
DOCUMENT, DOCUMENT, DOCUMENT!
We know you, like all the others, probably already are documenting, but the problem is what and how you document probably doesn’t meet the criteria to be considered evidence in the legal system. The laws are very specific as to what is evidence and what is considered hearsay. And even if it does, if you can’t prove (chain of custody) that your documentation hasn’t been touched, edited, damaged, altered, or deleted, then the defense can argue it doesn’t count!
VictimsVoice can help you document the details that matter to you and matter to the courts.
- Save images safely and legally.
- Learn how to transcribe audio and transcribe video, then safely store it to legal standards.
- Perfect for protective orders, divorce and custody, and criminal cases.
We work to keep you safe and make sure you’re collecting information that the authorities see as court-worthy.
CLICK HERE to see the feature list.
*Only pay for the years you need it. We’ll keep your information safe if you need to come back – even if it’s years later.
What if I can’t afford a license? We work with donors and partners to purchase on behalf of those who may not be able to afford the yearly cost. CLICK HERE to find a partner in your area to get a FREE license.
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.
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.
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
*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/
(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/
(4) Statutes & Constitution: Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html