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Florida Recording Laws

Florida Recording Law Summary:

Florida recording law stipulates that it is a two-party consent state. In Florida, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. Fla. Stat. § 934.03(2)(d). This means that in Florida you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement.

Personal Conversations:

You may not record conversations without the consent of all involved parties.

However, Florida law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Fla. Stat. § 934.02.

Penalties:

Fla. Stat. § 934.03(4)(a): Unless a first offense, and the offender had no illegal purpose or expectation of profit, recording, sharing, or intending to share private communications without the permission of all parties involved is a felony subject to $5,000 in fines and up to five years in prison.

Fla. Stat. § 934.03(4)(b): Regarding a first-time offender who did not intend to use intercepted information illegally or to profit from said information, such crimes are considered a misdemeanor and are subject to fines of up to $1,000 and up to a year in jail.

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