Have Legal Questions? Ask a Lawyer Now.
she cant sue you for defamation of character - because that is based on untruths - and cameras don't lie, right? however, under FLA law, all parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication - recording or disclosing without the consent of all parties is a felony. so if she did not give her consent to the taping and, certainly the dissimenation of the contents, she could charge you criminally. you can use this link to read that law
I have already checked into fla. statute ch. 934.03 which reads: "Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication."
I also read elsewhere that if my recording device is located anywhere in my front yard, that is an area where there is not a reasonable expectation of privacy for my neighbor.
Please look these matters over and let me know. Greatly appreciated, Jerry
i caution you about releasing the tape to anyone - in 934.02 it states
2) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.
my interpretation is that the exceptions are in regard to open meeting laws - and while you can have a security camera or film what is going on your property - there should have been notice given to her that she was being recorded - and that should appear on the tape - and then if she continued that is considered consent.
I have a sign in the front yard that says; "property under surveillance by video and audio"
and I've read that this is all that is required in my front yard.
again, i do not think the law protects you if you dissiminate the contents of the tape - that is my opinion and interpretation of the law -
have you thought about seeking a protection order -you can go to the clerk of your court in your county and ask for the petition form - fill it out, state about the harassment, making detailed accounts and seek that - if that is issued and then violated the neighbor can be arrested.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).