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  1. #1

    Default Are Recorded Calls to Government Entities Public Records

    Florida has a two-party consent law, so both parties must consent/be notified a phone call is being recorded prior to the recording.

    However, recorded phone calls by a government agency are considered public records in Florida.

    So, would that mean that if I made a call to a government body (like a police station, or police chief) on their government line I would be able to record and publish the phone call without notifying the opposite party?


    tl;dr: Can I record the phone call of a government entity without notifying said entity of recording despite two-party consent?

  2. #2
    Join Date
    Mar 2013
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    17,046

    Default Re: Are Recorded Calls to Government Entities Public Records

    Quote Quoting RandomQuestions
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    Can I record the phone call of a government entity without notifying said entity of recording despite two-party consent?
    No.

  3. #3

    Default Re: Are Recorded Calls to Government Entities Public Records

    If they're using a public phone (government owned) and if they're discussing government business, is that not public information?

  4. #4
    Join Date
    Oct 2014
    Posts
    7,344

    Default Re: Are Recorded Calls to Government Entities Public Records

    If the government recorded the call, it might be a public record. That depends on the nature of the call in question. But it's a public record because the call is in the hands of the government. The recording you make is not a public record. Moreover, whether something is a public record or not does not tell you what acts to create those records are legal. Florida has a law that makes recording of certain communications illegal. If you violate that law, you risk the consequences. Whether or not that call might later become a public record by passing into the hands of the government would not absolve you of the illegal act you did in recording it.

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