Florida Security of Communications Act (Florida Statutes chapter 934)
Law. Placed at Florida. Read 30 Sep 2026; 5 provisions cited by the planner.
What does Fla. Stat. 934.03 and 934.02 require?
A person must not intentionally intercept, try to intercept, or procure anyone else to intercept a wire communication, which covers telephone calls carried in whole or part over wire or cable, unless an exception applies. Also cited: 934.03(1)(a), in-person conversations: record only with the prior consent of all parties where privacy is expected; 934.03(1)(a), electronic communications in transit: intercept only with the prior consent of all parties.
Fla. Stat. 934.03(1)(a)Phone calls: record or monitor only with the prior consent of all parties A person must not intentionally intercept, try to intercept, or procure anyone else to intercept a wire communication, which covers telephone calls carried in whole or part over wire or cable, unless an exception applies. For a business or private person the exception is 934.03(2)(d): every party to the call has given prior consent. One party's consent, including the recording party's own, is not enough in Florida. Penalty: third-degree felony (934.03(4)).
Fla. Stat. 934.03(1)(a)In-person conversations: record only with the prior consent of all parties where privacy is expected A person must not intentionally intercept an oral communication, meaning spoken words uttered with a justified expectation that they are not being intercepted, without the prior consent of all parties (934.03(2)(d)). Conversations in circumstances where no such expectation is justified, such as a public meeting, are outside the definition. For an employer this covers audio on CCTV, meeting-room and office recording, body-worn and in-vehicle microphones, and managers recording interviews.
Fla. Stat. 934.03(1)(a)Electronic communications in transit: intercept only with the prior consent of all parties A person must not intentionally intercept an electronic communication (messages, chat, email, data and other transfers by wire, radio or optical system) while it is being transmitted, unless all parties have consented in advance (934.03(2)(d)) or another exception applies. Tools that capture message content in transit, such as keystroke capture of messages or network inspection of personal messaging, fall here.
Fla. Stat. 934.02(4)(a)Business-extension exclusion: provider-furnished telephone equipment used in the ordinary course of business Telephone or telegraph equipment, or a component of it, furnished to a subscriber by a wire or electronic communication service provider in the ordinary course of its business and used by the subscriber in the ordinary course of the subscriber's business (or furnished by the subscriber for connection to the service and so used) is not an interception device, so its use is not an interception. An employer relying on this exclusion must keep the monitoring on such equipment and within the ordinary course of business; it does not cover separate recorders, software added outside the provider's service, or monitoring of personal calls beyond what the business need requires.
Fla. Stat. 934.03(1)(d)Do not use the contents of an unlawfully intercepted communication A person must not intentionally use, or try to use, the contents of a wire, oral or electronic communication while knowing or having reason to know it was obtained through an unlawful interception, for example as the basis of a decision about an employee or customer.