When Is It OK to Record Someone in the State of Florida

Are you in the middle of a divorce in Orlando Florida and feel like you've been recorded wrongly?

The attorneys at TK Law Firm can help you if you're in Central Florida and believe that your privacy has been breached by your spouse. These recording issues can play a big role in a divorce and our staff is prepared to help guide you to the best resolution. Contact us now at 407-834-4847 to learn more.

Video Script Below

I’m Steve Kramer. I’m a Florida attorney and today we’re going to talk about if in Florida you can record somebody without their knowledge. Now in Florida we have what’s called the ‘two party consent law’ and that means that both parties have to consent to a recording. Now there are certain situations where this doesn’t apply. That’s where there’s not an expectation of privacy. So let’s say that you walk into a bank. Well if you walk into a bank and you go up to that teller, you know there’s a pretty good chance you’re being recorded. You might even see the camera up in the ceiling. Or maybe you’re at a casino playing blackjack. We all know about the eye in the sky up there, you know you’re being recorded. That’s the type of scenario where you don’t have an expectation of privacy. Where you might have an expectation of privacy is, say in your bathroom. You know, you don’t expect that your neighbor has drilled a hole in the wall and that you’re being recorded. When you’re shopping, you have an expectation of privacy that you’re not going to be recorded up your skirt. You have an expectation of privacy when you’re on the phone with your girlfriend, boyfriend, husband or wife. And you know, if you call your ex-girlfriend and you record that conversation well you may have just broken the law. In fact, you probably have if they don’t know they’re being recorded. And you didn’t just break the law, you may have committed a felony. And it’s a third degree felony where you can face five years in prison. The other problem with recording somebody without their knowledge is that you can face civil penalties. You can actually be sued for damages. You can face punitive damages. You could have to pay attorney’s fees and costs. There’s all kinds of consequences to this. I’m telling you this because I get asked these questions all the time. Can I record somebody in Florida? You know, when can I record somebody in Florida? I deal with this stuff all the time. If you have any questions, call me. I’d be glad to talk about this or any other legal issue you have. I’m Steve Kramer, thanks for watching.

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Call 855-Kramer-Now (855-572-6376).

*Please note TK Law Firm is a Central Florida based law firm and we are only able to assist clients in our local region. 

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