NEW EXCEPTION TO FLORIDA LAW AGAINST SECRET RECORDING

September 11, 2015


The general rule in Florida is that it is illegal to intercept, record, or disclose wire, oral or electronic communications. Under Chapter 934 of the Florida Statutes, a person who uses a hidden microphone or other device to listen to, record or transmit another person’s communications may be subject to criminal penalties as well as civil liability. An illegally intercepted communication cannot be used as evidence in any court proceeding, except for prosecution against the person who illegally intercepted it.

A new amendment to Section 934.03, Florida Statutes, adds an exception which allows a minor child to intercept and record an oral communication under certain circumstances. Interception and recording by the child is allowed if the child is a party to the communication and has “reasonable grounds to believe” that recording the communication will capture a statement from another party that the other party “intends to commit, is committing, or has committed” an unlawful act ofsexual conduct, physical force,or violence against the child. In such a case, the use of the intercepted communication in evidence is not prohibited under Chapter 934.

This new amendment to law was approved by Governor Scott, and it became effective July 1, 2015.Here is a link to the full text of Florida Statutes Section 934.03: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0900-0999/0934/Sections/0934.03.html

As a Family and Criminal Law Attorney in Volusia County, Florida, Richard “Jake” Jackson has been serving the legal needs of the Central Florida community since 1985. Call usat (386) 738-1111 to schedule a free consultation in our office at DeLand, Florida.

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