EnglishEspañol
Florida flag

Florida

Florida Phone Call Recording Laws: Consent Rules for Calls (2026)

Independently fact-checked against primary sources (last audited November 2, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 2, 2026. · 5 primary sources cited on this page. How we verify our legal content

Florida Phone Call Recording Laws: Consent Rules for Calls (2026)

Updates

Corrected the claim that Florida courts treat a 'this call may be recorded' message plus staying on the line as consent (the support is an informal Attorney General opinion), stopped presenting a 'stricter law applies' interstate rule as settled, added the § 934.03(2)(m) exception for people protected by an injunction, and corrected the admissibility rule under § 934.06 and the list of 911 recording entities. Identified the Attorney General opinion as formal opinion AGO 2012-07, presented call-notice steps and interstate factors as practical guidance rather than legal rules, and corrected the civil damages list to show the $100-per-day or $1,000 figure as a minimum on actual damages.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the description of Insurance Marketing Coalition v. FCC to state that the court vacated only Part III.D of the FCC's 2023 order and that the 2012 written-consent rule was not at issue, removing an order number the opinion does not support.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Title updated to 2026. Added note on 11th Circuit vacatur of FCC One-to-One [TCPA](/us-laws/tcpa) Consent Rule (Insurance Marketing Coalition v. FCC, No. 24-10277, Jan. 24, 2025) -- binding precedent in Florida. The court vacated only Part III.D of the FCC 2023 Order; the FCC 2012 prior express written consent rule was not at issue in the case.

Reviewed and approved by an editor

Sources and References

  1. Florida Statute 934.03(flsenate.gov).gov
  2. Florida Statute 934.02 - Definitions(flsenate.gov).gov
  3. Florida Statute 934.10 - Civil Remedies(flsenate.gov).gov
  4. Florida Statute 934.07 - Authorization for Interception(flsenate.gov).gov
  5. Florida Chapter 934(leg.state.fl.us).gov
  6. 18 U.S.C. Section 2511 - Federal Wiretap Act(law.cornell.edu)
Share: