Legal Question in Criminal Law in Florida

Re: Penalties

ADVICE TO RECIPIENT: The information and opinions contained herein are based upon the limited amount of information that you provided. Our response to your query is not intended to serve as legal advice upon which you should rely or act. In order for you to be confident that you can rely and act on information provided by an attorney, you should establish an attorney-client relationship, meet with the attorney and have an open and honest dialog, during which you disclose all the pertinent information and thereafter receive a reliable opinion from your lawyer.

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.

-----------------------------------

In Florida, it is a third degree felony to illegally tape record the telephone conversation of another without that person's consent.

Re: Penalties

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Florida Statutes Chapter 934 provides all of the statutes regarding unlawful taping of telephone conversations or other oral communications without both parties' consent. Section 934.10 sets forth civil remedies. You can view the statutes at:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0934/ch0934.htm

Scott R. Jay, Esq.