Recording
Fla. Stat. 934.03 — all parties consent, or a third degree felony
In Florida, intentionally intercepting a wire, oral or electronic communication is unlawful unless an exception applies, and the one most people rely on is consent: a person may intercept a communication when all of the parties to it have given prior consent.
The oral communication rule reaches only a conversation with an expectation of privacy. An oral communication, for this chapter, is one uttered by a person exhibiting an expectation that it is not subject to interception, under circumstances justifying that expectation. It does not include a public oral communication uttered at a public meeting.
A violation is a third degree felony, punishable by up to 5 years in prison and a fine of up to $5,000, with lesser penalties for some first offenses involving unscrambled radio communications.
Using or disclosing the contents of a communication, knowing it was unlawfully intercepted, is also prohibited. The chapter's other exceptions, for service providers and law enforcement among others, are not set out here.
Sources for this section (4)
- Fla. Stat. 934.03 — Interception and disclosure of wire, oral, or electronic communications prohibited
- Fla. Stat. 934.02 — Definitions for security of communications
- Fla. Stat. 775.082 — Penalties; applicability of sentencing structures
- Fla. Stat. 775.083 — Fines
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.