Right to Record the Police in Florida
What is the law?Florida has a statute, § 934.03, that prohibits the “intentional[] interception [of] any wire, oral, or electronic communication” and makes it a third-degree felony. The statute makes an exception when all parties to the communication give their consent. For an oral communication to be protected under the statute, the person speaking must have a reasonable expectation of privacy, and society must recognize that expectation as reasonable.Case law from the U.S. Court of Appeals for the 11th Circuit, which presides over Florida, has also clearly held that individuals have “a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct.” It also held that individuals have “the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” Importantly, this right has been upheld by the Court in instances where an individual was recor...