Guide · For Florida small business owners
Recording business calls in Florida, in plain English
What the law requires, what it costs to get wrong, and a simple setup that keeps you on the right side of it
Recorded calls are useful. You can check what a customer actually asked for, settle a "you told me Tuesday" dispute, and coach new staff. More and more phone systems, voicemail apps and AI answering services record or transcribe calls automatically.
In Florida, though, recording a call the wrong way isn't a small mistake. Here's what you need to know.
This is general information, not legal advice. For your specific situation, talk to a Florida attorney.
The rule: everyone has to agree
Most US states let you record a call as long as one person on it, meaning you, agrees. Florida is different. It's an all-party consent state: everyone on the call has to agree before it's recorded (Florida Statutes § 934.03).
Phone calls are covered. So if your system records customer calls, your callers need to know.
What it costs to get it wrong
- Criminal: recording a call without consent can be a third-degree felony in Florida, punishable by up to five years in prison and a $5,000 fine.
- Civil: a person who was recorded can sue for their actual damages, and at least $100 for each day of the violation or $1,000, whichever is higher, plus possible punitive damages and attorney's fees (§ 934.10).
Few small businesses end up in court over this. But "few" isn't "none," and a lawsuit over a recorded call is an expensive way to learn the rule.
How businesses handle it
The standard approach is simple: tell callers at the very start of the call. You've heard it a thousand times: "This call may be recorded." Courts and businesses generally treat a caller who hears that and stays on the line as having agreed, though it isn't an absolute guarantee. That's why the details matter:
- Put it first. The notice belongs at the start, in the greeting or the phone menu, before the conversation begins.
- Make it clear. Short, plain words at a normal pace, not buried after a long menu.
- Cover every path. Check every way a call can reach you: the main line, after-hours forwarding, overflow to an answering service. Every recorded path needs the notice.
- Outgoing calls count too. If your team records calls they make, say so at the start: "Just so you know, I record my calls."
- Callers from other states. If you're not sure which state's law applies, follow the strictest one. In practice, that means always giving the notice.
One more case: when a customer's AI assistant calls you and says it's "on a recorded line," that covers their recording, not yours. If you record, your own notice still applies.
If an AI answers your phone
Most AI answering services record calls and turn them into transcripts, because that's how they send you a summary afterward. So the greeting should include the same notice: "this call may be recorded." Some businesses add "and transcribed" for extra clarity. If you're unsure, ask your attorney which wording they prefer.
It's also good practice for the assistant to say it's an AI. It avoids confusion, and more states are starting to expect it. One sentence does both:
"Thanks for calling [your business]. I'm the office's AI assistant, and this call may be recorded. How can I help?"
Treat recordings like records
Once you have recordings, look after them:
- Keep them only as long as you need them. Pick a period, such as 90 days, and delete after that, unless there's a complaint, a dispute or a legal hold, or a records rule in your industry that requires longer.
- Limit who can listen. The staff who need them, not everyone.
- Healthcare is stricter. Most dental and medical offices are covered by HIPAA, so recordings with patient details are protected health information. Every vendor that stores them needs a signed business associate agreement (BAA).
A two-minute check for your business
- Does every recorded call path start with a notice?
- Do staff who record outgoing calls say so first?
- Do you know where your recordings are stored, who can hear them, and when they're deleted?
If you can answer all three, you've covered the basics.
Flogenta sets up AI assistants that answer calls for Florida businesses. We build the AI and recording notice into the greeting. Questions? hello@flogenta.com