April 16, 2025

Florida Surveillance Laws Expose Businesses to Costly Lawsuits

New laws in Florida can create legal liability for businesses—even small businesses—for common practices! As communication technologies evolve, Florida’s regulatory landscape continues to adapt, introducing stringent requirements that may expose unwary business owners to significant civil liabilities. 

Florida’s Two-Party Consent Requirements 

The Florida Security of Communications Act establishes both criminal and civil penalties for the unlawful interception of communications. Potential civil liabilities may arise from recording phone calls or intercepting electronic communications without the consent of all parties involved. 

Under Section 934.10 of the Florida Statutes, individuals whose communications have been intercepted without proper consent are granted a private cause of action against violators. This key statutory provision creates a civil remedy allowing affected parties to seek compensation for privacy violations. 

Significant Financial Exposure 

The civil remedies under the Act are substantial and designed to deter unlawful interceptions by imposing significant financial penalties: 

A minimum of $1,000 in liquidated damages for each interception in violation of the Act Potential for additional damages if plaintiffs can demonstrate actual harm resulting from the interception Liability that extends to each separate violation, which can quickly multiply the financial exposure 

The Act ensures that victims receive compensation even if they cannot prove actual damages, creating a powerful incentive for compliance. 

Drone Surveillance Regulations 

In addition to communication interception regulations, Florida law also imposes strict regulations on drone surveillance. Under Section 934.50, known as the “Freedom from Unwarranted Surveillance Act,” unauthorized drone surveillance is heavily restricted. 

This statute mandates that drones cannot be used for surveillance without proper authorization and consent. Violations can lead to civil actions, exposing businesses to additional liability risks when implementing security measures or conducting operations using drone technology. 

Jurisdictional Considerations for Online Businesses 

Furthermore, Section 48.193(1)(a) of the Florida Statutes extends the jurisdiction of Florida courts to any person committing a tortious act within the state, including violations of the Act. This provision has particular implications for online businesses that may interact with Florida residents, potentially subjecting them to Florida’s jurisdiction even if they operate primarily in other states. 

The Act’s provisions empower individuals and their attorneys to enforce their rights and seek redress for violations, creating a robust framework for privacy protection that businesses must carefully navigate. 

Practical Compliance Strategies 

To mitigate these civil risks, businesses should: 

1. Implement clear policies regarding recording of communications 

1. Obtain explicit consent from all parties before recording calls or intercepting electronic communications 

1. Develop protocols for drone usage that comply with Florida’s surveillance regulations 

1. Train employees on compliance requirements to prevent inadvertent violations 

1. Consult with legal counsel to review and update practices in light of these regulations 

How We Can Help 

Navigating these complex legal requirements can be challenging. If your business is facing lawsuits related to non-compliance with Florida’s communication interception and drone surveillance laws, our firm is equipped to help. We offer expert legal support, including: 

Risk assessments to identify potential compliance gaps Defense strategies in civil litigation Guidance on regulatory compliance Development of policies and procedures to prevent future violations 

Protect your business from significant financial liabilities and reputational damage. Call us today for comprehensive legal assistance. 

Timothy Shields
Partner/Business Unit Leader, Data Privacy & Technology
Kelley Kronenberg-Fort Lauderdale, FL
(954) 370-9970
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