Florida is a two-party (all-party) consent state under Statute 934.03. Recording any oral or electronic communication without all parties' consent is a third-degree felony punishable by up to 5 years in prison. This applies to phone calls, in-person conversations, and audio on security cameras.
Florida Statute 934.03 (the Florida Security of Communications Act) is one of the strictest recording consent laws in the country. It is illegal to intercept, record, or use any wire, oral, or electronic communication without the consent of all parties. This applies to phone calls (including cell phone calls), in-person conversations, video calls, and any audio recording including those captured by security cameras. The law applies when at least one party to the communication is in Florida, regardless of where other parties are located. Audio recording without consent is classified as a third-degree felony. The two-party consent requirement means you cannot record a conversation even if you are a participant without the other person's knowledge and agreement. Exceptions exist for law enforcement with proper judicial authorization. Public meetings, courtroom proceedings, and other communications where there is no reasonable expectation of privacy are not protected. Video-only recording in public spaces does not require consent, but audio always does.
Illegal interception of communications is a third-degree felony carrying up to 5 years in prison and a $5,000 fine. Civil lawsuits can recover the greater of $100 per day of violation or $1,000, plus punitive damages, attorney fees, and litigation costs. Illegally obtained recordings are inadmissible in court.
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See how Palm Beach County's recording & consent laws rules stack up against other locations.
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