Miami, FL asked in Civil Litigation, Communications Law and Criminal Law for Florida

Q: Can a 3rd party eavesdrop (but not record) on the telephone conversation without the consent of both parties in Florida?

"Eavesdropping is secretly listening to the private conversation of others without their consent." In Florida I read "Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent."

When I call a specific office at the university I work at, I think they put me on speaker without my consent (ie they don't ask me). I think there are others listening in. Once a 3rd person (unbeknownst to me) interjected. I did not confront the person. But I feel from the sounds in the background that from a private 1-1 call they switch to a conf. call.

Is that legal i.e. no recording but listening in a discussion between 2 people on speaker when one of the 2 is not aware he/she is being listened to?

1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
  • Criminal Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: It' not eavesdropping if it is on speaker for a business purpose. You are speaking with the university, as in the people are all employees of that same entity. You also work for them so technically you are all the same legal party and likely would not have a cause of action. It would be different if you called someone about a private personal matter who happened to work there. If you called for university/business issues within the scope of your employment then likely nothing illegal.

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