334) What happens if I Secretly Record an Electronic Conversation in FL? #HaberPA Criminal Lawyer
Channel: Michael Haber
Date: 2019-05-25

Thanks for asking me “What happens if I Secretly Record an Electronic Conversation in FL?”

What you’re really asking me about is electronic eavesdropping and wiretapping.  In FL those are more than just big, scary words; here in the Sunshine State, electronic eavesdropping and wiretapping are legal terms for secretly recording an electronic conversation without the express knowledge and consent of another party to that discussion.

When it comes to this subject, FL is what we call a “two-party” or an “all-party” consent” State.  This means that before you can lawfully start recording an electronic conversation, be it on a land or cell phone, a radio, via FaceTime or any similar platform or medium, everyone involved in that discussion has to first know that you plan to record it and then agree to being recorded. 

If you fail to secure informed consent BEFORE the fact then you’ve unlawfully "intercepted a wire, oral, or electronic communication",  in violation of FS 934.03, which is FL’s “interception and disclosure of wire, oral, or electronic communications” law.

Not only is it a crime in FL to record or to "intercept" a "wire, oral, or electronic communication" unless all parties to the communication give knowing consent (in fact it’s a 3rd degree felony punishable by up to 5 years in state prison, 5 years probation, a $5,000.00 fine and a permanent criminal conviction), but in addition to subjecting yourself to arrest and criminal prosecution, if you violate FL's wiretapping law then you can also be sued in civil court by any unlawfully recorded party.  Worse yet, no matter what your motive was, and regardless of the content of your covert unlawful recording, the only time that it will be admissible in a courtroom is as evidence against you as a Defendant.

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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