When it comes to recording calls, Florida is considered an all-party consent state. This means that you can record calls in Florida – you just need to have the consent of all parties.
What is considered consent?
Statute has determined that simply stating “this conversation may be recorded” is an acceptable form of consent, as the parties are able to hang up if they do not agree. You don’t actually need each party to verbally affirm that they are okay with the call being recorded.
Is playing a regular beep sound in the background enough notice of recording?
Florida statute doesn’t say that playing a tone at a regular interval in the background is an acceptable form of recording notification, and it’d likely go to court if disputed. To cover all bases, you’re better off verbally announcing at the beginning of the call that it’s being recorded.
Penalties for illegally recording calls in Florida
Recording calls without the consent of all parties will be prosecuted as a criminal charge, and you may also be subject to a civil lawsuit for damages by an injured party. See Florida Statute Chapter 934.03 for full information.
How can I record calls?
Florida law doesn’t specifically say what type of equipment you can use to record a call, so it’s up to you. Secure Speak is one of the easiest ways to record calls. We give you a phone number that you can 3-way into any call. Whatever that number hears gets recorded. When you hang up, that recording gets emailed to you. We’ve got a free trial too, so sign up and give it a shot.
Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference the Florida Statute Chapter 934.03 directly.