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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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In State of Florida at a business where I work as an employee,

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In State of Florida at a business where I work as an employee, is it legal to record conversation with only myself knowing (single party) if the conversation is out in the open with other people around, walking around?
Thank you for your question.

No, such a conversation cannot be recorded. Florida is one of 12 states in the US that has "all-party" recording statutes. That means that all parties must consent to the recording or the recording is not admissible in court, as well as such violations may even open you up to a criminal offense as well.

I am sorry.

Edited by Dimitry Alexander Kaplun on 7/3/2010 at 6:39 AM EST
Customer: replied 7 years ago.
I understand above but as far as I can tell public conversations can be one party if conversation is in public. Not sure if on a private business property but open for others to hear would be considered public? Second is maybe the more tricky part is if noise level, as in an industrial plant makes hearing a conversation private even through other persons are walking by or standing by. Hope you understand my two questions above. Thanks.
Thank you for your question.

While working, it is considered "private property", and there is then an expectation of privacy--that would then be forbidden. A public park is one thing--no expectation of privacy. But work is another, and there the company would consider it a violation and would be able to suppress it.

Second, noise has nothing to do with it, but it has to do with that "expectation of privacy". If anything, the noise level would increase the expectation that the conversations are private and not public.

Hope that helps

Edited by Dimitry Alexander Kaplun on 7/3/2010 at 6:55 AM EST
Dimitry K., Esq. and 2 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks for your answers Dimitry and verbal clarity. Plus rather fast too. Have a great weekend. David

Thank you very much, and good luck to you!