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.

Florida Video Recording Laws

In Florida, it is lawful to install a video surveillance security system provided that a written notice is conspicuously posted on the premises stating that the security system has been installed for security purposes or provided that it’s installed in a manner that its visibility is clearly and immediately obvious. Fla. Stat. § 810.145(5)(b)(c).

However, it is considered video voyeurism to intentionally use or permit the use of an imaging device (e.g., video camera) to secretly view, record or broadcast a person’s intimate parts or a person who is changing clothes when that person has a reasonable expectation of privacy, without the consent or knowledge of that person . Fla. Stat. § 810.145(2)(a)(b). It is also illegal to secretly record or view under or through the clothing worn by a person without that person’s consent or knowledge. Fla. Stat. § 810.145(2)(c). Knowingly disseminating images obtained through video voyeurism is considered as an offense of video voyeurism dissemination. Fla. Stat. § 810.145(3).

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.

Fla. Stat. § 810.145(6)(a): Persons who violate Florida’s video recording laws and are under 19 years of age may be found guilty of a misdemeanor of the first degree which carries an imprisonment not exceeding 1 year.

Fla. Stat. § 810.145(6)(b): Persons who violate Florida’s video recording laws and are over 18 years of age may be found guilty of a felony of the third degree which carries an imprisonment not exceeding 5 years.

Fla. Stat. § 810.145(7): Persons with a second or subsequent offense under Florida’s video recording laws may be found guilty of a felony of the second degree which carries an imprisonment not exceeding 15 years.

More Florida Laws

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