Can business record sound in florida?

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Can business record sound in florida?

In the state of Florida, is it legal or
illegal for a business owner to add
sound recording equipment on top of
video recording inside their business?

Asked on May 25, 2016 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Videotaping employees in the workplace is permissable so long as it is limited to job performance/work activities (i.e. employee theft, too much socializing, etc). However, videorecordings may violate employees' rights to privacy if they are taped in areas considered personal/private (i.e. bathrooms, locker rooms, break rooms, etc.). Further, employers must provide notice, in writing, to all employees that video surveillance is being used and where it is being used. They must also state the areas that are off limits from such surveillance.
As for voice recording, there is no “expectation of privacy” in public areas (i.e. the lobby, confernece rooms, stairwells, etc.), therefore recording conversations in these areas is legally permissable. Otherwise, such recording without employee consent is illegal unless the person recording the conversation is also a party to the conversation ("1 party consent"), although in some states all parties must consent to the recording ("all party consent").  
To be certain of all of your rights under your state's law, you can contact your state's department of labor and/or consult with a local employment law attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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