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#1
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| I am a single mom in florida. My oldest daughter verbalizes neglect while at her fathers home during visitation. She will not allow a formal complaint to be made. Is it legal for me to tape record her complaints and provide them to authorities. She is 12 years old. Any advice? |
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#2
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| [QUOTE][i]Originally posted by blondie2961 [/i] [B]I am a single mom in florida. My oldest daughter verbalizes neglect while at her fathers home during visitation. She will not allow a formal complaint to be made. Is it legal for me to tape record her complaints and provide them to authorities. She is 12 years old. Any advice? [/B][/QUOTE] My response: Florida Fla. Stat. ch. 934.03 (1999): All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10 (1999). A federal appellate court has held that because only interceptions made through an "electronic, mechanical or other device" are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991). IAAL |
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#3
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Waive her rightsI know what the law says but as her mother can I not waive her rights, she is a minor? |
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#4
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Re: Waive her rights[QUOTE][i]Originally posted by blondie2961 [/i] [B]I know what the law says but as her mother can I not waive her rights, she is a minor? [/B][/QUOTE] My response: No. It makes no difference that she's your daughter. The law makes no exceptions. Like any citizen, she too is entitled to her rights of privacy. IAAL |