Legal Question in Civil Rights Law in Florida

When confronting my wife for divorce mediation purposes, her boyfriend stepped outside with a tape recorder, and recorded me while I explicitly told him not to. His claim was that we were on private property, so he had a right to. I believe that I had a reasonable belief that I would have privacy, because I was speaking to my wife, in a private place. I gave him no consent, and told him to stop recording me.

I recently discovered this chapter of law http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0934/ch0934.htm stating that I could sue for damages, just for the fact that he was recording me. I also had a friend with me who could testify that I was being recorded, and also would like to seek damages for being recorded as well. He wasn't a part of the conversation I had with my wife, so I still believe that I had a reasonable belief that I had privacy.

Can I press charges, or bring this to court at all? What are my rights regarding this matter? What if he does it again, and refuses to stop?


Asked on 9/07/09, 3:43 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you are on his propoerty and he tells you that he is recording I don't believe that you have the right to stop him. You can leave. But if it is his property and he says he is recording, that is fair warning for you. Public property or your property is another matter and he can't record you secretly.

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Answered on 9/07/09, 5:40 pm


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