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Is there ever an exception to recording an in-person conversation in Florida?

Panama City, FL |

The other night I was in our condo's internet lounge..and a woman that had told a bunch of lies to the HOA office was in there. The person she lied on was having a conversation with me..and I was mentioned in her letter of lies. So..I asked her why she would lie on someone like that..and try to hurt them. I turned on the voice recorder on my laptop..and recorded the whole conversation. (THANK GOD that I DID)..because the next day..she called the police and told them that I threatened her life..and called her some horrendous names..which NEVER happened! I have PROOF that this didn't happen..but I am scared to say that I have the recording due to 2-party laws in Florida. She is slandering my name in the condo building..and I have PROOF that she is a LIAR. Should I say I have it..or not?

She also said that she had to go to the hospital..due to ME causing her to have a 'panic attack'! And her sister went to security here at our condo..and wrote out a report on me. Her sister was NOT present during our conversation. There were other people in and out of the internet lounge..but her sister was not one of them. Her sister also filled out the security report HERSELF..instead of the guard. (..he was new.) When I left the internet room..the woman that I had the conversation with was still in there..playing games on her computer. She was perfectly FINE. I think that she is going to try to sue me..for a 'panic' attack. She is a very slimy person..obviously. I could clear it ALL up with my laptop recording..but I'm scared to say that I have it. PLEASE HELP! Thank you..very much.

Attorney Answers 2


  1. Best answer

    Although the audio recording may not be legal (See Section 934.03, Fla. Stat.), some courts have allowed its use. I have an Order from a federal case styled Peter Molodecki, Sr. v. Robertson Display, Inc., 2008-CV-2469-T-17F (Middle District of Florida) that refused to strike an affidavit on the grounds that it was obtained in violation of Section 934.03. If you send me an email, I will share it with you. Of course, there is no guarantee that the judge who signed the Order has not changed her mind or that other judges will agree. The rationale for the Order was that the party moving to strike the affidavit had "no reasonable expectation of privacy as to the conversation that took place" at their place of employment. Please be sure to check with a lawyer regarding your specific facts.

    Disclaimer: The above is intended to give you, the consumer, some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist.If this information has been helpful, please indicate below. If this information has been helpful, please indicate below. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to stevefahlgren@gmail.com.


  2. An audio recording of a person without their consent is not legal in Florida. Be careful about trying to use that recording. Seek legal help.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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