St. Petersburg, FL asked in Civil Rights for Florida

Q: Can some one video record me and my children coming into our apartment while we are conversating in the state of Florida

The neighbors who couldn't be seen yet his phone could be was recording us while we were talking after school coming into our apartment.

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2 Lawyer Answers

A: It depends on how public or private the setting is. Audio recording a conversation in a place where there's an expectation of privacy is a crime in Florida. That is something that should be reported to the police. Video (without sound) may or may not be lawful depending on the circumstances. If, when approaching the front door to your dwelling from the outside, you're in a place strangers have the ability to view you, then video (without sound) is probably legally permissible. For example, if you're in a building in which the apartments are along common hallways (either indoor or outdoor), there can be security camera video recording the people in the hallways without their consent. On the other hand, a video that reaches into the interior of your dwelling may constitute an unlawful invasion of privacy.

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Answered

A: In Florida, recording laws generally follow what's known as a "two-party consent" rule. This means that both parties in a private conversation must agree to be recorded. If the conversation takes place in a private area, such as your apartment or immediate doorway, and you were not aware of or did not consent to being recorded, this could potentially violate Florida law.

However, if you were in a public or semi-public place, like a common area outside your apartment where others can overhear you, the situation might be more complicated. Florida courts tend to differentiate between private conversations and those that could be considered open to public view or hearing.

You may want to consider talking to someone knowledgeable about Florida's recording laws to discuss your rights and what steps to take next. Keep a record of the event, including any witnesses, which could help in resolving the matter.

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