Independent reporting by Morgan Hale

Recording Laws in Florida

Audio consent rule
All-party (two-party) consent
Fla. Stat. § 934.03
Recording police in public
Protected by Federal Circuit ruling
11th Circuit — Smith v. City of Cumming (11th Cir. 2000)

Florida requires all-party consent for audio of private oral communications. The 11th Circuit affirms the right to record police in public — public encounters generally lack a reasonable expectation of privacy.

Watch-outs:
  • Recording an officer inside their patrol car with windows up may trigger § 934.03 prosecution.
  • Florida has the most aggressive § 934.03 prosecutions of citizen recorders.

Practical guidance

  • Record openly. Hidden recording loses First Amendment protection in nearly every state — visible cameras and phones do not.
  • Stay at a reasonable distance. Officers can lawfully cite obstruction or interference statutes if they believe you are too close — the safest distance varies but 8–25 feet is the threshold in several recent state laws.
  • Stay on public property (sidewalks, streets, parks). Trespass laws apply even when recording is otherwise protected.
  • Do not interfere — comply with lawful orders unrelated to the recording itself.
  • Save and back up footage off-device as soon as practical (cloud upload, hand-off to a witness).

If your right to record is challenged

  1. State calmly: "I am recording in a public place. I am not interfering."
  2. Cite the relevant authority. For Florida, that is Smith v. City of Cumming (11th Cir. 2000).
  3. If detained, ask whether you are free to leave and what you are being detained for.
  4. Request a supervisor.
  5. Submit a complaint and file a FOIA request afterward — see our FOIA letter generator.

Sources & further reading

Disclaimer: This page is a reference for journalists and the public. It is not legal advice. State statutes and Circuit interpretations change. Consult a licensed attorney before relying on any rule in a specific case.

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