Here is a copy of the Email:
Representative Diamond and Senator Brandes,
I am writing this email as a constituent of both Rep Diamond and Senator Brandes. I have been hearing various real stories about alleged victims of extortion (which cannot be proved without victim secretly recording the perpetrator in scenarios where there is an expectation of privacy and therefore illegal under our state’s wiretap statute) who are unable to record the evidence because of fear they will be possibly subjected to prosecution for violating our wiretap law. Please read this case, McDade v. Florida, decided at the end of 2014. Our Supreme Court ruled that the secret recording by the victim of child sexual abuse (solicitation/confirmation) was not admissible against the child sexual abuse alleged perpetrator. The conviction/sentence was reversed. Chapter 934 now creates an exception for this scenario, 934.03(2)(k).
Good to see that our legislature acted quickly to fix this.
934.03(2)(k): It is lawful under this section and ss. 934.04–934.09 for a child under 18 years of age to intercept and record an oral communication if the child is a party to the communication and has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against the child.
Shouldn’t all Floridians (young and senior alike) be provided the protection of an exception whereby they would be able to record the commission of a crime against them? I am not seeing an exception in 934 unless I’ve missed it. I am urging my representatives to take a look at this issue and create an exception as the one created for children to protect all persons in our state.
ATTORNEY LUKE LIROT also emailed these lawmakers and supports legislative change on this issue:
Here is a copy of Attorney Lirot’s email:
I concur wholeheartedly with this effort. The Florida dual consent requirements to record conversations or events is an obstacle to affected citizens who would want to be able to memorialize the best evidence of a crime, like extortion, invitations to conspiracy, etc. Florida is behind other states that either require only unilateral consent,or make exceptions if the event recorded is criminal in nature. Florida needs to catch up with other states in this regard. Thank you!
Luke Lirot, Esq.
Legislators Emailed requesting that they legislatively amend our wiretap statute:
Florida State Representatives:
Florida State Senators: