Ask a Lawyer and Get Answers to Your Legal Questions
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.