Want to install security cameras on your property in Florida? The legal framework shows a fine line between protecting yourself and not falling into legal traps.
It can get really complicated!
Even though Florida allows security cameras on private property, it does have regulations regarding the installation, recording, and sharing of footage from security cameras. Knowing the laws will keep your privacy intact and avoid litigation.
In this blog, you get each and every detail about security surveillance across Florida.
Florida security camera law: video recording without consent.
Florida is a two-party consent state.
Simply put, it means that everyone being recorded must agree to the content, whether oral or wire communication.
Section 934.03, Fla. Stat, states that every party in the conversation must consent to being recorded and that it is a crime to record private oral communication.
This law thus treats violations quite seriously!
Florida security camera laws in private conversations:
Any conversation taking place in a private place that has a reasonable expectation of privacy needs the consent of all parties with an interest therein.
Bob Anderson – an advocate for digital privacy for over 25 years, defines reasonable expectation as :
“Anything chosen by a person not to share publicly will remain private. No physical, optical or electronic techniques or technologies should be allowed to degrade a person’s privacy”.
Here is where people have a reasonable expectation of privacy, and you cannot place security cameras :
- Doctor’s examination rooms during medical consultations.
- Therapy sessions and counseling rooms.
- Private residences such as inside apartments, condos, and houses.
- Vehicles while in use, especially when parked in private locations.
- While public restrooms are considered public, privacy is expected within individual stalls.
- Dressing rooms in shopping malls or fitting rooms.
Florida security camera laws in public places:
Generally speaking, you may video record most people in public places without their consent, though the circumstances may create exceptions.
All of this information may confuse you now!
Here are some instances where it’s acceptable to record someone with your cell phone:
- On a public road, for example to study traffic patterns, accidents (if not involving personal injury), public protests or demonstrations, public sidewalks, or even public events or gatherings.
- During public speeches, such as political rallies, public forums, concerts, or news conferences.
- In a private business (so long as it is in a place that is open to the public – like a large lobby or entrance with a lot of available seating), for example, building exteriors (within reasonable distance).
While recording in public is generally legal, harassing or stalking someone by recording them could lead to legal issues.
Hidden cameras law in Florida:
Video voyeurism, or placing hidden cameras, is forbidden by the law in Florida.
This implies that you must not covertly record someone in a private setting without their permission, such as in a bathroom or bedroom.
It is a crime that can be punished with a severe penalty. It is classified as a first-degree misdemeanor, which is considered a first-degree felony.
The maximum penalty for a first degree misdemeanor is one year in jail and a fine not to exceed $1,000.00.
Is it legal to have cameras on a rental property in Florida?
While landlords in Florida generally have the right to install security cameras on their property, there are specific restrictions to protect tenant privacy.
Wendy Saslow- M.S. in Forensic Science & Advanced Criminal Investigation, says,
“When one is renting a home as a tenant, they are long term, so can expect privacy as if it were their own home, as they are not temporary visitors.”
However, it is better to keep in mind the following guidelines when placing security cameras :
- Any common area like hallways, lobbies, and parking lots can be monitored with CCTV cameras.
- Cameras cannot be placed in areas where tenants have a reasonable expectation of privacy, such as inside apartments, bedrooms, or bathrooms.
- Landlords should inform tenants about the presence of cameras through clear signage.
- Recording audio without consent is generally illegal in Florida, so cameras should only be set up to capture video.
Greg Patten, an electronic technician shares his words of wisdom on how you can legally install security cameras on your property in Florida to avoid neighbor disputes and potential legal issues; follow these guidelines when installing security cameras:
- Make sure cameras are entirely on your property and not capturing images from neighboring properties without clear consent.
- Don’t point cameras directly at neighbor’s windows, doors, or other areas where there’s a reasonable expectation of privacy.
- Focus on areas like your driveway, front porch, and backyard.
Do you need a license to install security cameras in Florida.
Yes, you generally need a license to install security cameras in Florida if you plan to offer the service commercially.
This includes installing cameras for businesses or other people’s homes.
To legally install security cameras in Florida, you’ll typically need a Certified Alarm Systems Contractor (CASC) license.
This entails complying with Florida state law, meeting safety standards, and fulfilling financial obligations.
Note: “If you’re installing surveillance cameras in St. Petersburg, Florida, be sure to follow both state and local regulations regarding privacy to ensure that your cameras are used lawfully.”
We also have a little insight about drone cameras from Christopher Cho, an expert drone writer:
“In Florida, if a drone takes pictures of people on private property without consent, this could lead to legal problems.”
Is it legal to place security cameras in condominiums?
Yes, it’s legal. Florida law permits condominium associations to install security cameras in common areas to enhance security.
A landlord can place security cameras in all building public spaces, including lobbies, hallways, stairways, elevators, etc.
It’s legal, and its purpose is for your protection and security, which is good.
Swimming pools: Not as private as you might think. With multiple users like owners, guests, and staff, privacy can be limited.
Florida CCTV camera law for the workplace:
Florida law generally permits employers to install security cameras in common areas of the workplace.
You can place CCTV cameras in areas like lobbies, hallways, and break rooms where employees do not have a reasonable expectation of privacy.
You can place these cameras for legitimate business purposes, such as security, preventing theft, or investigating incidents.
Brandon Esq, a commercial lawyer, confirms Florida Statutes section 810.145 allows video surveillance in public spaces, including businesses.
Ensure the cameras are visible and use signage to notify the public that recording is taking place!
The latest buzz on security camera monitoring in Florida:
Local governments are planning to pass new ordinances to add more traffic cameras under the new law.
You can see a lot of CCTV security cameras hung with solar panels on different intersections and poles to secure your neighborhoods and businesses!
If you are concerned about protecting your business in Florida cities like Jacksonville, Miami, Orlando, and Tampa, then remote video monitoring might just be the solution.
With a comprehensive suite of advanced video analytics, you can protect your investment in assets, people, and machinery.
Remote video monitoring focuses on the immediate detection and rapid response to security breaches.
Key takeaways:
Now, we give you a summarized table of where you can and cannot install CCTV security cameras across Florida.
| Location | Can place security cameras | Cannot place security cameras |
|---|---|---|
| Private Residence | Exterior of home, garage, driveway, common areas in multi-unit dwellings. | Bedrooms, bathrooms, private offices within the home. |
| Business | Exterior of building, lobbies, hallways, common areas, areas open to the public. | Employee restrooms, private offices, fitting rooms without explicit signage. |
| Rental Property | Common areas, exterior of building, hallways, stairwells. | Inside individual rental units (bedrooms, living rooms, kitchens) without tenant consent. |
| Public Spaces | Sidewalks, streets, parks, public buildings (e.g., libraries, government offices). | Private areas within public spaces (restroom stalls, changing rooms). |
| Vehicles | Exterior of personal vehicles. | Interior of vehicles without consent of all occupants. |
FAQs:
Is it legal in Florida to have surveillance cameras?
Yes, it is legal to install them, as long as their placement and use comply with privacy regulations and do not capture areas where individuals expect privacy.
Do I have to post a sign for video surveillance in Florida?
If the CCTV cameras are not prominently displayed then it’s a good practice to place visible signs that the area is being monitored.
What is a reasonable expectation of privacy in Florida?
A reasonable expectation of privacy in Florida is a legal concept that determines whether a person can expect their actions or property to be free from government intrusion.
You have a reasonable expectation of privacy in your home, private office, and other enclosed spaces. There’s typically no reasonable expectation of privacy in public areas. Drones or hidden cameras can complicate matters and may require specific legal considerations.
Conclusion:
Understanding Florida’s security camera laws is essential for homeowners and businesses alike.
While the state generally permits camera use on private property, respecting privacy rights and adhering to specific regulations is crucial.
By carefully considering camera placement, signage, and the nature of recorded content, individuals and businesses can utilize security cameras effectively while minimizing legal risks.
Ready to enhance your business security? Contact us for a tailored remote video monitoring solution.
