Privacy Law Library

Security of Communications Act: Interception and Disclosure of Wire, Oral, or Electronic Communications (all-party consent)

Florida Wiretap Act

Communications

Florida is an all-party-consent state: intercepting or recording a wire, oral, or electronic communication is lawful only if all parties consent, unless a statutory exception applies (934.03(2)(d)). 'Oral communications' are protected only when the speaker reasonably expects not to be intercepted (934.02(2)). Exceptions allow children, and since 2024 their parents or guardians, to record abusers in defined circumstances, and let people protected by injunctions record violating communications.

Where
Florida
Citation
Fla. Stat. 934.02-934.10
Status
In force
Last amended
2024-04-26
Enforced by
State attorneys and statewide prosecutor (criminal); private civil actions
People can sue
Yes
Penalties
Unlawful interception, use, or disclosure is generally a third-degree felony (934.03(4)). Civil plaintiffs may recover actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages, attorney's fees, and equitable relief; suits must be filed within 2 years of discovery (934.10).
Applies to
  • Any person who intercepts, uses, or discloses wire, oral, or electronic communications (934.03(1))
  • Providers of electronic communication service to the public, for disclosure of communication contents in transmission (934.03(3))

Rights it gives people

  • A person whose communication is unlawfully intercepted, disclosed, or used may sue for equitable relief, actual or liquidated damages, punitive damages, and attorney's fees.Fla. Stat. 934.10(1)

Practices it requires

  • Do not intentionally intercept, or procure another to intercept, any wire, oral, or electronic communication, or use or disclose contents known to be unlawfully intercepted.Fla. Stat. 934.03(1)(a)-(d)
  • Recording or interception by a private party is lawful only when all parties to the communication have given prior consent.Fla. Stat. 934.03(2)(d)
  • Public electronic communication service providers may not intentionally divulge the contents of a communication in transmission to anyone other than the addressee or intended recipient, except as allowed.Fla. Stat. 934.03(3)

Other duties

  • Oral communications are protected only if uttered with a justified expectation of not being intercepted; public oral communications at public meetings are excluded.Fla. Stat. 934.02(2)
  • A child under 18 who is a party may record an oral communication to capture evidence of an unlawful sexual act or violence against the child; a parent or legal guardian may do so in defined circumstances and must give the recording to law enforcement.Fla. Stat. 934.03(2)(k)-(l) · From 2024-04-26

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original enactment date (ch. 69-17, 1969) not confirmed from the session law, so effective_date is null.

Research reference, not legal advice.