Is it legal to tape a conversation without any ones knowlwdge?

In FL, all parties have to consent to the recording or the disclosure of the contents of any wire, oral or electronic communication. Recording, disclosing, or trying to disclose without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain. Fla. Stat. ch. 934.03. These first offenses and the interception of cellular frequencies are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976). The party being taped has to have a "reasonable expectation of privacy" in that communication, so for example, someone wouldn't have an expectation of privacy in a conference call . Fla. Stat. ch. 934.02. See also Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct. App. 1996); Paredes v. State, 760 So.2d 167 (Fla. Dist. Ct. App. 2000); Cohen Brothers, LLC v. ME Corp., S.A., 872 So.2d 321 (Fla. Dist. Ct. App. 2004). A federal appellate court has held that because only interceptions made through an “electronic, mechanical or other device” are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991). Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10. Most privacy violations are just that, with no actual damages. If this violation was a one time thing, it makes no sense to pursue it. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Florida is a "two-party" state, (Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct) ) meaning that to be inadmissable as evidence in a court if only one party to a conversation knows of the recording. Again, check with a lawyer in your locale. Fla. Stat. ch. 934.03 is the statute. In my state, the answer is no. See my Legal Guide Recording Conversations in Illinois http://www.attorneyqna.com/legal-guides/ugc/recording-conversations-in-illinois You need a lawyer because I do not practice in FL (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. I think Florida is a "two-party" state, (Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct) ) meaning that to be inadmissable as evidence in a court, if only one party to a conversation knows of the recording. Again, check with a lawyer in your locale. Fla. Stat. ch. 934.03 is the statute. Good luck to you. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.