Florida recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
Florida law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in § 934.02(2).
- Phone calls: All-party consent.
In-person conversations: Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in § 934.02(2)
For an oral communication, which the statute defines as any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and not including any public oral communication uttered at a public meeting, the section makes interception lawful when all of the parties to the communication have given prior consent to such interception.
(d) It is lawful under this section and ss. 934.04-934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception.
Phone calls: All-party consent
It is lawful for a person to intercept a wire, oral, or electronic communication when all parties to the communication have given prior consent to the interception.
The same statute text quoted above applies (Fla. Stat. § 934.03(2)(d)).
Definitions the rules rely on
“oral communication”
Under this section, “oral communication” means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, excluding any public oral communication uttered at a public meeting or any electronic communication.
(2) “Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in § 934.02(2). Whether a particular conversation meets that condition depends on its circumstances.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in § 934.02(2). Whether a particular conversation meets that condition depends on its circumstances.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: All-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes Florida law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app