TALLAHASSEE, Fla. – In Florida, it’s illegal to make an audio recording of another person without his or her knowledge, but a ruling by a federal appeals court has interpreted the state's law against secret recording more loosely.
Law enforcement agencies and legal experts are now looking into how the ruling may affect future cases.
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The ruling came after a South Florida man recorded a meeting with the chief of the Homestead Police Department without the chief’s knowledge.
The man received a letter from his local state attorney, who threatened him with prosecution on the basis of Florida’s secret-recording law if he did it again.
The man sued on the basis of his First Amendment right to free speech and won in a federal appeals court, which ruled the police chief would have had to specify the meeting was off the record for the law to apply.
It’s uncommon for a federal court to interpret a state law, attorney Luke Newman said.
“And as far as I know, that's a novel or unique interpretation of that statute,” Newman added.
The Florida Police Chiefs Association released a statement on the matter, saying, “The FPCA and its members support transparency and will monitor the impact, if any, that this decision has on Florida courts.”
Generally, public officials and employees operate under the assumption they are usually on the record.
The last time a potentially illegal recording made headlines was in 2011.
“I assume everything I say is public record,” Gov. Rick Scott said at the time.
“(If there’s) any one of us who believes there's not a camera on or a recording device or a cellphone, you're living yesterday,” former CFO Jeff Atwater said in 2011.
This ruling could be used as an argument in cases involving private citizens.
“Somebody could potentially record a conversation that you're a party to, and then be immune from a prosecution for what's been previously understood as a violation of Florida law,” Newman said.
Rarely is the secret-recording law invoked. Between 2001 and 2011, only 10 people were formally charged with violating the law. Breaking the law is a third-degree felony.
Because the ruling was made in a federal court, Florida courts aren’t obligated to abide by the new interpretation.
