Recording a Conversation...what is legal?

[freakinhobo]

Florida

What is the rule when recording a conversation in Florida? Is it single, two, all party?

 

[justalayman]

It requires all party consent unless it is an oral communication where there is no reasonable expectation of privacy

 

[quincy]

Florida

What is the rule when recording a conversation in Florida? Is it single, two, all party?

Here is a link to Florida recording laws, published by the Digital Media Law Project (a project hosted by the Berkman Center for Internet & Society):

http://www.dmlp.org/legal-guide/florida-recording-law

 

[freakinhobo]

So 2 situations...

They state on the phone they are recording the conversation for both our records prior to starting....

or they have another person present in a home they are building do I have to be aware they are recording?

 

[adjusterjack]

They state on the phone they are recording the conversation for both our records prior to starting....

That's legal because you've been giving notice of the recording and if you object to the recording you can just hang up.

If you say that you don't consent to being record they can say "sorry, sir, we can't talk to you." So, if it's something compelling that you have to take care of in the conversation, then you consent to the recording.

or they have another person present in a home they are building do I have to be aware they are recording?

If you were party to the conversation you would have to consent to the recording of the conversation but I don't understand what that has to do with being "in a home they are building." Who is "they" and why are "they" recording conversations that involve you?

 

[quincy]

It is always best to get consent before recording, whether consent is required under the law or not. And, for both phone conversations and in-person conversations, if consent is granted, this consent should be recorded.

 

[adjusterjack]

It is always best to get consent before recording, whether consent is required under the law or not.

Disagree.

In states where consent is not required, it would be foolish to ask for it or to reveal that the conversation is being recorded.

 

[quincy]

Disagree.

In states where consent is not required, it would be foolish to ask for it or to reveal that the conversation is being recorded.

Although I was speaking of Florida and specifically the "situation number two" freakinhobo asked about (expectation of privacy), I believe it is smarter to get consent to record all conversations (with very few exceptions).

There can be legal issues raised with any surreptitiously recorded audio or video. These issues are eliminated when permission for recording is granted.

 

[FlyingRon]

Yep, I do a lot of cross state arbitration hearings. We tell people prior to going on record that we will be recording and then we state that again once the recording has started so we have proof that there is consent.

 

[96raji]

You should get a permission from the party and you should have a valid reason for audio recording.

 

[quincy]

You should get a permission from the party and you should have a valid reason for audio recording.

Getting consent to record is always the legally safest way to operate.