Florida Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current Florida Statutes

Quick Answer

Florida is a strict two-party consent state. Under Florida Statute § 934.03, it is illegal to intercept, record, or disclose any wire, oral, or electronic communication without the consent of all parties to the communication. Violations are third-degree felonies punishable by up to 5 years in prison and $5,000 in fines.

Florida Recording Law Summary

Key Point	Answer
Consent Type	All-Party (Two-Party) Consent
Can you record your own calls?	Only with consent from all parties
Must you inform others?	Yes – consent required from everyone
Key Statute	Fla. Stat. § 934.03
Criminal Penalty	Third-Degree Felony
Maximum Prison	5 years
Maximum Fine	$5,000
Civil Damages	Minimum $1,000 per violation + actual damages

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Understanding Florida’s All-Party Consent Law

What Makes Florida Different

Florida has one of the strictest recording laws in the country. Unlike one-party consent states where you can legally record a conversation you’re part of, Florida requires that every person being recorded must give their consent. This applies to:

• Phone calls (all participants)
• In-person conversations
• Video recordings with audio
• Electronic communications (texts, emails when intercepted)

The Legal Foundation

Florida’s recording laws are codified in:

• Florida Statute § 934.03 – Interception and disclosure of wire, oral, or electronic communications prohibited
• Florida Statute § 934.04 – Penalties for violations
• Florida Statute § 934.10 – Civil remedies

What’s Prohibited

Under Fla. Stat. § 934.03, it is illegal to:

• Intentionally intercept or attempt to intercept any wire, oral, or electronic communication
• Use electronic, mechanical, or other devices to intercept oral communications
• Disclose the contents of any intercepted communication
• Use information obtained through illegal interception

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Recording Phone Calls in Florida

Can You Record Phone Calls in Florida?

Yes, but only with consent from all parties on the call. You cannot secretly record a phone call in Florida, even if you are a participant.

To legally record a phone call:

• Announce that the call is being recorded at the beginning
• Get verbal or written consent from all participants
• If anyone objects, you must stop recording

Recording Calls Across State Lines

When Florida residents call other states:

• Florida’s strict all-party consent rule applies to the Florida party
• Courts often apply the stricter standard when states conflict
• The safest practice is to always get consent from everyone

Business Call Recording in Florida

Florida businesses that record customer calls must:

• Provide clear notification (“This call may be recorded for quality assurance”)
• Ensure continued participation indicates implied consent
• Give callers the option to request a non-recorded call

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Recording In-Person Conversations

When Is Recording Legal?

• When all parties consent to the recording
• In public places where there is no reasonable expectation of privacy
• When law enforcement instructs you to record
• At public government meetings (with some restrictions)

When Is Recording Illegal?

• Recording private conversations without everyone’s consent
• Using hidden recording devices to capture private communications
• Recording in private settings (homes, offices, private spaces) without consent
• Intercepting electronic communications

The “Reasonable Expectation of Privacy” Exception

Florida law provides an exception for conversations where there is no reasonable expectation of privacy. This includes:

• Conversations in crowded public places
• Statements made in public where others could reasonably overhear
• Public speeches or announcements

However, even in semi-public places, if the conversation appears private (whispered, in a secluded corner), recording without consent could violate the law.

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Florida Video Recording Laws

Video Surveillance

Video recording without audio is subject to different rules:

• Silent video in public spaces is generally permitted
• Video with audio is subject to the all-party consent rule
• Hidden cameras in private areas are prohibited

Florida Video Voyeurism Laws

Florida Statute § 810.145 specifically prohibits:

• Recording images of others in private places without consent
• Capturing images under or through clothing
• Recording in places where people have a reasonable expectation of privacy (bathrooms, changing rooms, bedrooms)

Video voyeurism is a separate offense from wiretapping and carries its own penalties.

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Recording in the Workplace

Can You Record at Work in Florida?

Florida’s all-party consent law applies fully in the workplace. You cannot secretly record:

• Conversations with coworkers
• Meetings with supervisors
• Phone calls with clients or vendors
• Any workplace communication

Even if you believe you’re documenting harassment or illegal activity, secret recording in Florida is still a crime.

Employer Monitoring

Florida employers may monitor workplace communications if:

• Employees receive advance notice of monitoring policies
• Monitoring occurs in non-private areas
• Business justification exists for the monitoring

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Recording Police in Florida

Can You Record Police Officers in Florida?

Yes. The First Amendment protects your right to record police officers performing their public duties. Florida courts have upheld this right when:

• Officers are in public spaces
• You do not interfere with their work
• You maintain a safe distance
• You are not trespassing

Note that while you can record police in public, the all-party consent rule may still apply to audio recording in certain circumstances.

Recording Court Proceedings

Florida state courts generally allow recording devices in courtrooms unless the judge determines they would adversely affect the fairness of proceedings. Always ask permission before recording in a courthouse.

Recording Public Meetings

Florida’s Sunshine Law (Government in the Sunshine) allows recording at public meetings, including:

• City council meetings
• County commission meetings
• School board meetings
• Other government proceedings

Recording must not disrupt the meeting.

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Penalties for Illegal Recording in Florida

Criminal Penalties

Offense	Classification	Maximum Penalty
Illegal interception (§ 934.03)	Third-Degree Felony	5 years prison, $5,000 fine
Disclosure of intercepted communications	Third-Degree Felony	5 years prison, $5,000 fine
Use of illegally obtained information	Third-Degree Felony	5 years prison, $5,000 fine
Video voyeurism (§ 810.145)	First-Degree Misdemeanor	1 year jail, $1,000 fine

Civil Liability

Under Florida Statute § 934.10, victims of illegal recording may sue for:

• Statutory damages: Minimum $1,000 per violation
• Actual damages: Compensation for harm suffered
• Punitive damages: Additional penalties for egregious conduct
• Attorney’s fees: Recovery of legal costs
• Injunctive relief: Court orders to stop ongoing violations

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Exceptions to Florida Recording Laws

Lawful Exceptions

Florida Statute § 934.03 provides limited exceptions:

• Law enforcement: With proper court orders or when officers instruct civilians to record
• Service providers: Normal operation of communications services
• No expectation of privacy: Public conversations where privacy cannot be expected
• Emergency services: 911 calls and emergency communications

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Using Recordings as Evidence in Florida

Admissibility

Illegally obtained recordings are generally inadmissible in Florida courts. To use a recording as evidence:

• You must have obtained proper consent from all parties
• The recording must not have been made for illegal purposes
• Authentication requirements must be met

Important Consideration

Even if you believe you need evidence of wrongdoing, making an illegal recording in Florida can result in criminal charges against you. Consult with an attorney before attempting to record conversations.

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Frequently Asked Questions

Is Florida a two-party consent state?

Yes. Florida requires consent from all parties before recording any wire, oral, or electronic communication under Fla. Stat. § 934.03.

Can I record a conversation without the other person knowing in Florida?

No. Secret recording of private conversations is a third-degree felony in Florida, punishable by up to 5 years in prison and $5,000 in fines.

Can I record a phone call in Florida?

Only with consent from all parties on the call. You must announce that you’re recording and get agreement from everyone.

What happens if I’m caught recording illegally in Florida?

You could face third-degree felony charges (up to 5 years prison, $5,000 fine) plus civil liability of at least $1,000 per violation.

Can I record my employer in Florida?

No – not without consent from all parties. Even documenting workplace harassment through secret recording is illegal in Florida.

Can I record police in Florida?

Yes. You can openly record police officers performing public duties, as protected by the First Amendment. Don’t interfere with their work.

Can I record in public in Florida?

Conversations in public where there is no reasonable expectation of privacy may be recorded. However, private conversations – even in public settings – still require consent.

Is video recording without audio legal in Florida?

Silent video in public spaces is generally permitted. Video with audio is subject to the all-party consent rule.

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Related Florida Laws

• Florida Whistleblower Laws
• Florida Hit and Run Laws
• Florida Sexting Laws
• Florida Dog Bite Laws

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Sources and Legal References

Source	Link
Fla. Stat. § 934.03	Florida Senate
Florida Statutes Chapter 934	Florida Legislature
DMLP – Florida Recording Law	Digital Media Law Project

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Florida has strict recording laws with serious criminal penalties. If you have questions about recording in Florida, consult with a licensed Florida attorney before proceeding.

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Two-Party Consent States Reference

Florida is one of the strictest two-party consent states in the country.

State	Key Statute
California	Cal. Penal Code § 632
Connecticut*	Conn. Gen. Stat. § 52-570d
Delaware*	11 Del. C. § 1335 / § 2402
Florida	Fla. Stat. § 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	Mass. Gen. Laws ch. 272, § 99
Michigan*	Mich. Comp. Laws § 750.539c
Montana	Mont. Code Ann. § 45-8-213
New Hampshire	N.H. Rev. Stat. Ann. § 570-A:2
Oregon	Or. Rev. Stat. § 165.540
Pennsylvania	18 Pa. C.S. § 5703
Washington	Wash. Rev. Code § 9.73.030

*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have varied interpretations.

One-Party Consent States

Most other states follow one-party consent rules. See our One-Party Consent States Guide for details.