Florida call recording law
Is Florida a one-party consent state?
All-party consent
No. Florida is an all-party consent state. Under Fla. Stat. § 934.03, intercepting a phone call is lawful only when all parties to it have given prior consent, and a violation is generally a felony of the third degree.
Last checked October 13, 2026 · 12 quoted facts from official pages
Florida at a glance
- Phone calls
- All-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Generally a felony of the third degree: up to 5 years in prison and a fine of up to $5,000 (a narrow first-offense exception for certain unscrambled radio communications is lower).
- Lawsuits
- The person whose call was intercepted, disclosed or used can sue for actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages, a reasonable attorney's fee and litigation costs, and equitable relief.
- Last checked
- October 13, 2026
The law
- Fla. Stat. § 934.03 (interception and disclosure prohibited; lawful acts; penalties) (official source, opens in a new tab)
- Fla. Stat. § 934.02 (definitions: wire and oral communication) (official source, opens in a new tab)
- Fla. Stat. § 934.10 (civil remedies) (official source, opens in a new tab)
- Fla. Stat. §§ 775.082, 775.083 (third-degree felony prison and fine) (official source, opens in a new tab)
Penalties
- Criminal
- Generally a felony of the third degree: up to 5 years in prison and a fine of up to $5,000 (a narrow first-offense exception for certain unscrambled radio communications is lower).
- Civil (lawsuits)
- The person whose call was intercepted, disclosed or used can sue for actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages, a reasonable attorney's fee and litigation costs, and equitable relief. The suit must be filed within 2 years after the claimant first has a reasonable opportunity to discover the violation.
In-person conversations
For in-person (“oral”) conversations, the law protects a speaker who shows an expectation that the conversation is not being intercepted, under circumstances that justify that expectation (§ 934.02). A phone call is defined by the facilities used to transmit it.
What this means for a business that records calls
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Florida's law is a question for a lawyer licensed in Florida.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
Interception is lawful under the general rule only when all parties have given prior consent (all-party consent).
“when all of the parties to the communication have given prior consent to such interception”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
Intentionally intercepting a wire, oral, or electronic communication is prohibited except as the chapter provides.
“Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
A violation is generally a third-degree felony.
“whoever violates subsection (1) is guilty of a felony of the third degree”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
A third-degree felony carries up to 5 years of imprisonment.
“For a felony of the third degree, by a term of imprisonment not exceeding 5 years.”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
The fine for a third-degree felony may not exceed $5,000.
“$5,000, when the conviction is of a felony of the third degree.”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
A “wire communication,” such as a phone call, is defined by the facilities used to transmit it.
“any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
An oral (in-person) communication is protected only when the speaker exhibits a justified expectation that it is not being intercepted.
“uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
Civil liquidated damages are at least $100 a day or $1,000, whichever is higher.
“not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
Show 4 more facts
Punitive damages and attorney's fees are recoverable.
“Punitive damages; and (d) A reasonable attorney’s fee and other litigation costs reasonably incurred.”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
Equitable relief is available.
“Preliminary or equitable or declaratory relief as may be appropriate”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
The civil suit must be filed within 2 years after the claimant first has a reasonable opportunity to discover the violation.
“may not be commenced later than 2 years after the date upon which the claimant first has a reasonable opportunity to discover the violation”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
A lower penalty applies only to certain first offenses involving unscrambled radio communications.
“is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques”
Source: leg.state.fl.us (official source, opens in a new tab) · read October 13, 2026
Florida call recording questions
Is Florida a one-party consent state?
No. Florida is an all-party consent state. Under Fla. Stat. § 934.03, intercepting a phone call is lawful only when all parties to it have given prior consent, and a violation is generally a felony of the third degree.
What is the penalty for recording a call illegally in Florida?
Generally a felony of the third degree: up to 5 years in prison and a fine of up to $5,000 (a narrow first-offense exception for certain unscrambled radio communications is lower).
What does Florida's law say about lawsuits over recorded calls?
The person whose call was intercepted, disclosed or used can sue for actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages, a reasonable attorney's fee and litigation costs, and equitable relief. The suit must be filed within 2 years after the claimant first has a reasonable opportunity to discover the violation.
Does Florida use the same rule for in-person conversations?
For in-person (“oral”) conversations, the law protects a speaker who shows an expectation that the conversation is not being intercepted, under circumstances that justify that expectation (§ 934.02). A phone call is defined by the facilities used to transmit it.