Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. This may be looked at from both a CIVIL and CRIMINAL side. Let us discuss both.Criminal
Florida statutes do not specifically disallow someone filming someone/something else. While the statutes attempt to be broad, not every nuance can always be captured. The law prohibits taping someone in the bathroom, for example, or in a changing room, and other such places.
The taping has to be lewd, lascivious, or with indecent intent, or generally has to do with sexual nature. FLA.STAT.ANN. § 810.14 et seq
. As such, this would be a criminal matter. But because this does not seem to be the case, it is unlikely that the local prosecutor would choose to prosecute. Ergo, your relief may lie in civil action
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, this may be invasion of privacy
. The tort
of invasion of privacy is ordinarily considered to encompass four categories, one of which consists of "intrusion upon the plaintiff's physical solitude or seclusion, as by invading his home... ." Guin v. City of Riviera Beach, 388 So. 2d 604 - Fla: Dist. Court of Appeals, 4th Dist. 1980
As such, you may possibly have a suit here if the camera is pointing directly into your patio and over your privacy fence.
Aside from an injunction, punitive damages
may be sought if you can show intentional misconduct
and/or malicious intent. Fla. Stat. § 768 et
An attorney is recommended. May I recommend the FL Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
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