Evidence Center · Recording & Consent
Before you press record: Florida asks everyone's permission.
The most common family-evidence mistake there is: recording the other parent without consent. Florida law makes interception lawful when ALL parties to the communication have given prior consent — the statute's own words are below. A recording made without consent may be both inadmissible AND a crime. This page teaches the rule; whether any recording you have can be used is a question for a lawyer, before you offer it to anyone.
Wired to the law it implements
Retrieved live from the source-locked corpus — never generated.
“all of the parties to the communication have given prior consent to such interception.”What this commonly means in a family case
- Phone calls and private conversations: recording without every participant's prior consent is the trap. The statute has exceptions and definitions that matter — which is why the full section is one click away, and why a lawyer reads it against your facts, not this page.
- A recording you already made: do not send it, post it, or file it before counsel reviews it. Offering it can raise both admissibility and criminal-exposure questions at once.
- Voicemails the other side left you: a message deliberately left for you is a different posture than a secretly captured conversation — another distinction that belongs with counsel, not with a checklist.
Two routing sentences this page will not soften
Criminal exposure is real: unlawful interception is a crime prosecuted under Florida's criminal law — a lane this platform does not practice in. If a recording has already been made and consent is in doubt, talk to a lawyer (for criminal-exposure questions, a criminal-defense lawyer) before doing anything with it.
Safety comes before evidence: if you are recording because you are afraid of the other person, the recording is not the first step — the safety page is. Attempting to record an abuser can escalate danger, and evidence planning in injunction cases belongs with an advocate and counsel.
Statutory excerpts are verbatim from the hash-verified corpus; statutory text renders in English as enacted. Legal information, not legal advice.