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Is there a law in Florida about secret recording? Is there a telephone that can record a conversation?


One of my bosses where I work does not want me there, anymore despite the fact that I am a hard worker. He calls me on my phone and talk smack, hoping I'd give a bullshit answer to say "aha" or whenever we are alone he talks things just to get me to mess up. So far I am doing a good job not falling into his trap. Can i secretly record our conversation to cover my ***, just in case?

Yes, you can record the conversation between you and your boss without him knowing. As long as one of the parties in the communication is doing the recording, it is legal. You just can't record a conversation between two other people without their permission.

Edit: Actually, Mr. Placid is WRONG! He doesn't understand how to interpret the statute. To "intercept" is to record a conversation that you are not already a party to. You are not intercepting a call if you are already a party to it and if you are already a party to the call, you can record it without the other party's consent. So if you don't believe me, and want to know for sure, I would suggest you go ask a lawyer in your jurisdiction. I read the statute and it just says what I said. Some people don't understand statutes, as they are usually not written for a layman. Go ahead and read it and see what you think and if you don't understand it ask a lawyer.

The above answer is WRONG!

Florida requires ALL parties to a confidential communication to consent to being recorded.

See Florida Statutes chapter 934.03.

Edit: Well, I suppose Lisa must be right, and the Attorney General of Florida is wrong. The Florida AG says...

Section 934.03(2)(d), F. S., permits the interception of a wire communication when each of the parties to the conversation has consented prior to the interception. This implies that none of the parties to a telephone conversation may record that conversation without the prior consent of all the parties to the conversation unless it comes within the exception ... for the obtaining of evidence of criminal acts.

Florida AG Opinion 80-05.

I guess my interpretation of the statute must be just as bad as the Attorney General's. Oh, well.

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