Florida

All-party consent

Florida is an all-party consent jurisdiction: every participant must consent before the conversation may be recorded.

The part that catches people out

Our reading, not verified text. Everything in this section is editorial judgment about how the statute works. Unlike the statute above, the reading itself has not been checked against a source.

Florida requires every party's consent, but the reach of the statute is narrower than that sounds. The prohibition only reaches an 'oral communication' as the statute defines it, which requires a justifiable expectation that the conversation is not being intercepted. For surveillance work — people recorded in car parks, waiting rooms and on public pavements — that limit frequently decides the question before the consent rule is ever reached. Massachusetts is the notable state with no such limit.

Where this comes from

Federal floor

Federal law permits recording with one party's consent unless the recording is made to commit a crime or tort. Federal law is the FLOOR; a state may and many do require more. Where an interstate call touches two states with different rules, the safe assumption is the stricter one. See 18 U.S.C. § 2511(2)(d).

Reference information, not legal advice. Statutes change and courts read them differently; confirm the current text with the linked primary source and counsel licensed in the jurisdiction before relying on it.

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