Can you record a phone call in Florida?
Everyone on the call must agree before you record it. Florida law makes recording a call or private conversation without all parties' prior consent a felony in most cases.
- Phone calls
- Florida Statutes section 934.03 forbids intercepting a wire, oral or electronic communication. For private callers, the main exception (paragraph 2(d)) requires prior consent from all parties, so taking part in the call is not enough. Narrow exceptions exist, for example for some recordings involving children.
- Business calls
- Announce recording at the start of every call and get agreement before recording begins. Florida's 2023 data privacy law (Florida Statutes 501.702 onward) only covers companies with over $1 billion in yearly revenue that also meet an online-ads, smart-speaker or app-store test, so most small firms are outside it.
- What counts as consent
- Each person must agree before the recording starts. The statute does not set a method, so say at the start that you record and get a clear yes, captured on the recording.
- Penalties
- Recording without everyone's consent is a third-degree felony: up to 5 years in prison and a $5,000 fine. Victims can sue for actual damages, at least $100 a day or $1,000, plus punitive damages and legal fees.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- A 2024 amendment (chapter 2024-131) lets a parent or guardian record a child's in-person conversation in limited cases, with the recording handed to police. The all-party rule is otherwise unchanged.
- In-person talks are protected only where the speaker reasonably expects privacy; a speech at a public event, for example, can be recorded freely.
- Civil claims need a Florida link: a Florida resident, or statements made in Florida (Cohen Brothers v. ME Corp., 2004).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Florida Statutes 934.03, Interception and disclosure of wire, oral, or electronic communications prohibited (2026)statute
- Florida Statutes 934.10, Civil remedies (2026)statute
- Florida Statutes 501.702, Definitions for the 2023 data privacy law (2026)statute
- Reporters Committee for Freedom of the Press: Florida recording guideguide
Other states
More free tools
Questions
Is Florida a one-party consent state?
No. Everyone on the call must agree before you record it. Florida law makes recording a call or private conversation without all parties' prior consent a felony in most cases.
Can a business record calls in Florida?
Announce recording at the start of every call and get agreement before recording begins. Florida's 2023 data privacy law (Florida Statutes 501.702 onward) only covers companies with over $1 billion in yearly revenue that also meet an online-ads, smart-speaker or app-store test, so most small firms are outside it.
What counts as consent in Florida?
Each person must agree before the recording starts. The statute does not set a method, so say at the start that you record and get a clear yes, captured on the recording.
What happens if you record a call illegally in Florida?
Recording without everyone's consent is a third-degree felony: up to 5 years in prison and a $5,000 fine. Victims can sue for actual damages, at least $100 a day or $1,000, plus punitive damages and legal fees.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
