On April 26, 2024, Governor Ron DeSantis enacted House Bill 1281, which introduced amendments to Florida's existing legislation commonly known as the "Wiretap Law", specified under Florida Statute 934.03. Florida is commonly referred to as a "Two-Party" state which means that you generally must obtain permission from someone in order to record them. However, this posed considerable challenges for parents or legal guardians seeking to gather evidence of suspected child abuse, whether through direct observation or discussions. The revised law now offers a pathway for parents or legal guardians concerned about the physical or sexual abuse of their child(ren) to legally record pertinent interactions.
The signed version of the bill does have limitations as to when someone may record a suspected abuser. First, the law requires the minor child(ren) be a "party to the communication". This can create confusion as to what does a "party to a conversation" actually mean? Does this simply mean the child is present? What if the child is presently in the room, but is asleep?
Further, the new law requires the person intending to record a suspected abuser have "reasonable grounds" prior to conducting the recording. What are "reasonable grounds" to suspect abuse it taking place? Is it reasonable if a child returns from timesharing with an unexplained bruise? Is it reasonable if a parent is told by a third-party that someone may be abusing the child?
Finally, the updated law seemingly applies exclusively to situations involving concerns of an individual perpetrating "an unlawful sexual act or an unlawful act of physical force or violence against a child." Since Florida Statute 39.01(34) outlines what is considered "Harm" to a child, knowing whether or not unlawful physical abuse is occurring may not be as simple as whether or not the suspected adult used corporal punishment. What constitutes "unlawful physical force"? Additionally, the legislation's scope does not explicitly address suspected instances of mental abuse. Would it be appropriate the try and record mental abuse?
This change in the law will provide additional tools needed in the on-going fight against child abuse. However, there are some potentially complicated prerequisites that you will want to understand before recording someone if you believe your child or children are the victims of child abuse. That is why it is important to have experienced and competent legal representation when dealing with child abuse situations.
Contact me today for a free consultation on addressing concerns of potential child abuse. Your child's welfare is of utmost importance, and I am here to provide the support and guidance needed in such delicate matters.
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