Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Florida

Short answer: No. Florida is an all-party (often called “two-party”) consent state. Under Fla. Stat. § 934.03, everyone on a private call must consent before it is recorded.

Plain-English summary

Florida is an all-party-consent state. Fla. Stat. § 934.03 prohibits the willful interception of any wire, oral, or electronic communication without the prior consent of all parties. The statute applies to participant recording as well as third-party interception.

The Florida Supreme Court has applied § 934.03 to require all-party consent for ordinary phone calls (State v. Smith, 641 So. 2d 849 (Fla. 1994)). The civil remedy at § 934.10 includes actual damages with a $100-per-day-of-violation floor, punitive damages where appropriate, and attorney’s fees, making private enforcement realistic.

Case law of note

No appellate decision in Florida has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — all-party for any 'oral communication' with a reasonable expectation of privacy
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Florida appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Third-degree felony under § 934.03(4); up to 5 years.

Civil: Yes — § 934.10 provides civil damages including punitive damages and attorney's fees.

Evidence: a recording made in violation of the Florida statute is generally inadmissible in Florida proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Florida

Frequently asked questions

Is Florida a one-party consent state?

No. Florida is an all-party (often called “two-party”) consent state. Under Fla. Stat. § 934.03, everyone on a private call must consent before it is recorded.

Can I record a phone call in Florida without the other person knowing?

No. In Florida you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

Does the same rule apply to in-person conversations in Florida?

Yes. Florida applies the same all-party rule to in-person conversations. It covers any ‘oral communication’ made with a reasonable expectation of privacy.

What is the penalty for illegally recording a call in Florida?

Criminal: Third-degree felony under § 934.03(4); up to 5 years. Civil: Yes — § 934.10 provides civil damages including punitive damages and attorney's fees.

Can a phone recording be used as evidence in Florida?

A recording made in violation of Florida law is generally inadmissible in Florida proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.