Recording calls in Florida: the law requires everyone's consent

On recording calls, Florida's law is one of the strictest in the United States. Chapter 934 of the Florida Statutes makes it lawful to record a wire, oral or electronic communication only when "all of the parties to the communication have given prior consent". Recording without that consent is generally a third-degree felony, and the person recorded can sue.

There is one qualification that matters for conversations in a room: the statute protects "oral communications" only where the speaker expected not to be recorded and the circumstances justified that expectation. This guide covers the statute's wording, the expectation-of-privacy test, the penalties, calls across state lines and a routine that works. The wider US picture is in one-party and two-party consent states.

Recording calls in Florida: the law at a glance

What section 934.03 says

Section 934.03 (checked 25 September 2026) prohibits anyone who "intentionally intercepts, endeavors to intercept, or procures any other person to intercept … any wire, oral, or electronic communication". It then lists exceptions. The one that matters for recording meetings is (2)(d):

Three points follow.

• All parties, not two. Florida's rule is often called "two-party consent", but the text says all of the parties. On a six-person call, that is six.
• Prior consent. The words are "have given prior consent": before the recording, not after.
• Being a participant is not enough. Unlike the federal rule, which lets a party record, Florida's exception requires everyone's consent.

The statute also contains exceptions for law enforcement, service providers and, since recent amendments, a child recording evidence of abuse against them. None of those is the general exception a person recording a business meeting would rely on.

The expectation-of-privacy test

Florida's definition of an oral communication is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation", and it excludes "any public oral communication uttered at a public meeting".

So for a conversation in a room, the question is whether the speaker expected not to be recorded and whether that expectation was justified in the circumstances. Florida courts decide that case by case. A closed-door conversation in an office or a home generally carries such an expectation; remarks made at a public meeting do not. The Florida Supreme Court's 2014 decision in McDade v. State is often cited on this point for recordings made in a private home; we confirmed the case's citation but did not read the full opinion, so we do not summarise its reasoning here.

Phone and video calls fall under the statute's "wire" and "electronic" categories as well. Treat them as covered.

Penalties and the civil claim

Under section 934.03(4)(a), a violation of subsection (1) is a felony of the third degree. Subsection (4)(b) sets out lesser penalties for some first offences, but they concern certain unencrypted radio communications, not calls or meetings.

Section 934.10 lets the person whose communication was intercepted sue for:

• actual damages, but not less than liquidated damages of $100 a day for each day of violation or $1,000, whichever is higher;
• punitive damages;
• a reasonable attorney's fee and other litigation costs.

The claim must be brought within two years, and good-faith reliance on certain legal authorisations is a defence.

Calls with people in other states

A call between Florida and a one-party state raises the question of which law applies, and chapter 934 does not answer it. Courts decide it case by case; California's Supreme Court, for example, applied California's all-party rule to calls recorded in Georgia in Kearney v. Salomon Smith Barney (2006), as described in recording calls in California.

The practical rule across all-party states is the same: if anyone on the call is in Florida, get everyone's consent. Is it legal to record a meeting? explains why following the strictest rule is the approach most guidance takes.

A routine for calls with anyone in Florida

1. Say it in the invitation, so people can object before the call.
2. Ask at the start, before anything substantive is said. "Prior consent" means before; start the recorder, ask, and continue only once everyone has said yes.
3. Get an answer from each person. On a large call, ask by name if needed.
4. Stop if anyone refuses. Take notes by hand instead.
5. Ask again when someone joins late.
6. Keep the audio only as long as you need it, and share checked notes rather than the recording.

How to ask for consent to record has wording for scheduled, recurring and ad hoc calls.

How Notey fits into this

Notey records your microphone and the sound your Mac plays, on your own Mac. Nothing joins the call, so nobody else sees a recording notice from their meeting app. Under Florida's all-party rule, asking is your job.

• Nothing is saved until you press Allow when Notey notices a call, unless you chose in advance to arm the next call, always record an app, or record from ticked calendars. Each recording it starts is announced on screen with Stop beside it.
• If someone refuses after you started, stop and delete the meeting. Deleting removes the recording, transcript and notes, from every Mac if sync is on.
• The red dot and elapsed timer in the window, menu bar and floating button tell you audio is being kept. They are not visible to the call.
• The audio stays on your Mac, transcribed there; only transcript text is sent for AI notes when you ask. See the privacy policy.

Frequently asked questions

Is Florida a two-party consent state?

Yes. Section 934.03(2)(d) makes interception lawful when "all of the parties to the communication have given prior consent". On a call with several people, that means all of them.

Is it a crime to record a phone call in Florida without consent?

Section 934.03(4)(a) makes a violation a third-degree felony. The narrow misdemeanour exceptions in the statute concern certain radio communications, not calls or meetings.

Does Florida's law cover in-person conversations?

It covers "oral communications", defined as those uttered by someone who expects them not to be intercepted, in circumstances justifying that expectation. Public meetings are excluded.

Can someone sue me for recording them in Florida?

Yes. Section 934.10 gives a civil claim for actual damages, with a minimum of $100 a day of violation or $1,000, whichever is higher, plus punitive damages and legal fees, within two years.

Is a Zoom call with someone in Florida covered?

Florida's statute covers wire and electronic communications as well as oral ones. Which state's law applies to a call across state lines is not settled by the statute; the safe course is to get everyone's consent.