Florida Phone Recording Laws: Two-Party Consent

Is Florida a one-party or two-party consent state?

Florida is what people call a two-party state. A "party" is a person on the call or in the conversation, and the statute means all of them.

Section 934.03(1) bans intercepting a "wire, oral, or electronic communication." The same section then makes it lawful "when all of the parties to the communication have given prior consent to such interception."

Phone calls need everyone's prior consent.

In-person talk has a limit. Section 934.02(2) protects speech only when the speaker expects no interception "under circumstances justifying such expectation." A speech at a public meeting isn't covered.

Recording to prove a crime doesn't get you around the rule. A stepdaughter secretly recorded conversations with her stepfather to show crimes, and the Florida Supreme Court held the recordings couldn't be used because he didn't consent (McDade v. State, 2014). It said any exception for that is for the Legislature to make.

Recording your contractor in Florida

• Fine: You ask at the start of a call if you can record, and the other person says yes.
• Not fine: You secretly record your own call with a contractor to prove what he promised. You're on the call, but he didn't consent.

Penalties for illegal recording in Florida

	What the law says
The crime	A felony (third degree)
Prison	Up to 5 years
Fine	Up to $5,000, or double the person's gain or the victim's loss if that's higher
Who can sue	Any person whose communication was illegally intercepted, disclosed or used
Damages	$1,000, $100 for each day of violation, or actual losses, whichever is most
Other money	Punitive damages, a reasonable attorney's fee, and other litigation costs
Deadline to sue	2 years from the first reasonable chance to discover the violation

Florida court cases

One company won because some phone equipment from a service provider, used in normal business, falls outside the law. It's a narrow win, so get consent.

Stalley v. ADS Alliance Data Systems (2015). A credit card account servicer recorded all its call center calls under company policy, without all parties' consent. In the federal appeals court, the company won, because recording calls was a normal part of the business and an exception for that kind of phone use applied. This ruling doesn't bind other cases.

Can a business record your call in Florida?

A Florida business should announce the recording at the start and get consent, because the all-party rule binds businesses too, with one exception that has come up in court.

The exception is for phone equipment from a service provider, used in normal business. Don't assume your dialer qualifies.

Can a company record without consent? A company won that way once. Assume it needs your consent.

It's unclear if "this call may be recorded" is consent in Florida, so don't rely on it alone. Say "we record" instead, because it's a clearer warning. Florida's statute has no beep rule. The closest is a Florida Attorney General opinion on police phone lines, not business calls, so don't rely on a beep.

Federal law can imply consent from what you knew (Griggs-Ryan v. Smith), but that's federal only.

If you run a business: use the script below at the very start of the call, since it asks for a yes.

If you're the customer: you can hang up if you don't agree.

What if the other person is in another state?

Florida's courts have looked at this, and the answer isn't complete. One Florida appeals court said people suing "must be Florida residents or the improper 'interception' must have occurred in Florida," and that interception happens where the words are spoken (Cohen Bros. v. ME Corp., 2004). It upheld dismissal of a suit by people who spoke from New York and Puerto Rico.

A later Florida appeals court rejected the where-the-words-are-spoken idea for deciding whether Florida courts can hear a suit, and left the rest open, so get consent anyway.

Other states have their own views. California's top court applied its all-party law to a business in a one-party state.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. With Florida on the line, that usually means getting everyone's consent.

Running a call center or sales team in Florida?

Our advice: announce the recording at the very start of every call, inbound and outbound. In Florida, getting everyone's agreement is the point of the law, and an announcement at the start is how you ask for it.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Florida

People in Florida filed 159,307 fraud reports with the FTC in 2024 and reported about $866.1 million lost, with a median loss of $520. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Florida?

Not secretly. Florida requires everyone's consent, so say you're recording first. If a scammer hangs up, you lost nothing.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Florida Office of the Attorney General, Consumer Protection Division, (850) 414-3300. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Florida

CallTutor's analysis of 9,952 calls from Florida area codes, August through October 2026, found a credit card number read out loud on 19.8% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Florida. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Florida recording law FAQ

Is Florida a one-party consent state?

No. In Florida, being on the call doesn't give you the right to record it. Everyone on a private call or in a private conversation has to give prior consent.

Is Florida a two-party consent state?

Yes. People say two-party, and Florida's statute says all parties. Everyone has to give prior consent.

In Florida, can someone record me without telling me?

Generally no, on a private call or in a private conversation. All parties have to give prior consent, even if the person recording is on the call.

Can I record a call to prove a crime in Florida?

Generally not without everyone's consent. The Florida Supreme Court refused to add an exception for that and said it's for the Legislature.

How much can I sue for in Florida?

In Florida, $1,000, $100 a day or your actual losses, whichever is most, plus punitive damages and attorney's fees. You have 2 years from your first reasonable chance to discover it.

Recording laws in nearby states

• Alabama phone recording laws (one-party)
• Georgia phone recording laws (one-party)

See all two-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.