The Security Camera Laws in Florida: Everything You Need to Know

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You’re a business owner in Florida and you just installed a security camera system in your storefront. You really want to protect your property and employees. However, a business partner says your security camera system might actually be illegal. Do the security camera laws in Florida really prohibit cameras in your business?

What are the Security Camera Laws in Florida?

The good news is that, in general, the security camera laws in Florida are not particularly restrictive. As long as you are not violating anyone’s privacy, you should be able to install security cameras on your property without any legal issues.

Reasonable Expectation of Privacy Law in Florida

Basically, Florida law says that people have a reasonable expectation of privacy in certain places such as bathrooms, locker rooms, and changing rooms. However, the law doesn’t necessarily prohibit installing security cameras in public places.

So, what does this mean for you? Essentially, you cannot install security cameras in areas where people have a reasonable expectation of privacy. It’s also important to keep in mind that even if you’re not violating anyone’s privacy, you could still have other legal problems if your security camera system hasn’t been installed properly.

For example, you could be fined and required to remove camera systems that violate local building codes.

Voyeurism is the legal term in Florida for when a person installs cameras that intentionally violate the reasonable expectation of privacy principle. New York has a similar law called Unlawful Surveillance. Voyeurism is a serious felony offense that could land a person in state prison. Reference Florida Statute 810.14

https://www.youtube.com/watch?v=qfRy3M4HfW4

Conspicuous Notice Law in Florida

The other main law that you need to be aware of is the conspicuous notice law. This law requires business owners to post signs informing people that they are being recorded. The signs must be visible and must state that video footage is being collected.

If you fail to post these signs, you could be fined $500 for each camera that does not have a sign.

Two-Party Consent Laws in Florida

Florida is a “two-party consent” state, which means that it’s illegal to record conversations unless all parties have given consent to be recorded. Florida law also requires all parties to consent to be recorded if the recording is going to be used for commercial purposes.

If you plan on using a security camera with audio recording, you’ll need to get written consent from everyone who appears in the footage. Reference Florida Statute 934.03

Must Be Installed by a Licensed Contractor

In places like Texas and California, you can install a DIY security system all by yourself. Florida law stipulates that only a licensed contractor can install a security camera system when a security company will be actively monitoring the system. This law applies to both residential and commercial properties.

You can install your own system if you also won’t be paying for active monitoring. If you just want a DIY system that you can monitor yourself, you won’t need a licensed contractor. However, any system, even the self-install systems, requires a contractor’s license to install when your plan includes active monitoring.

Penalties for Breaking the Security Camera Laws in Florida

It’s very important to understand the legal penalties for breaking the security camera laws in Florida. Punishments can be quite severe and include jail time, fines, and possible civil suits.

Penalties for Violating Florida Voyeurism Laws

For example, the first offense of voyeurism is punishable by up to a year in jail and a $1,000 fine. Any offense with two previous convictions is a felony, with fines up to $5,000, five years in state prison, and being required to register as a sex offender.

Penalties for Violating Florida’s Conspicuous Notice Law

If you fail to post signs informing people that they are being recorded, you could be fined $500 for each camera that does not have a sign. You could also be sued for damages by anyone who was recorded without their knowledge or consent.

Contractor License Suspension for Violating Florida Security Camera Laws

If you hire a security company to install and monitor your security camera system, the company must have a valid Florida contractor’s license. If the installer is not licensed and you knew about it, you could be fined up to $5,000.

And if a licensed contractor knowingly installs an illegal security camera system, their license could be suspended for up to a year and they could be implicated in any criminal charges or subsequent civil suit.

Removal of Security Cameras for Violating the Law

If you install a security camera system that violates Florida law, you could be required to remove the system at your own cost. Depending on the circumstances in which you installed the cameras, you could either be charged with a crime for any video that was recorded, sued by the affected parties, or both.

Can I Install a Security Camera in My Florida Home?

If you plan on installing security cameras in your Florida home, you should be aware of the state’s laws on security cameras. Failure to comply with the law can result in severe penalties, including fines and jail time.

Installing Cameras Inside Your Home

You generally have no legal issues to worry about when installing video cameras inside your home. You have a reasonable expectation of privacy inside your own home, so you can pretty much do whatever you want as long as you’re not violating any other laws.

There are a few exceptions, however. For example, you can have a nanny cam to keep an eye on small children. Indoor cameras generally can only be placed in common areas where your guests and family don’t have an expectation of privacy. You also can’t install hidden cameras in bedrooms, bathrooms, or anywhere else a person would expect privacy.

Also, a licensed contractor must install any cameras that require changes to your electrical system. An electrical contractor may have to be involved as well.

Installing Cameras Outside Your Home

Cameras that are placed outside your home have more restrictions than indoor cameras. In Florida, you can’t install any type of surveillance camera on someone else’s property without their permission. This includes placing cameras on fences or trees that are on the property line between your house and your neighbor’s house.

You also can’t place cameras in a way that would violate someone’s reasonable expectation of privacy. For example, you can’t place a camera in your neighbor’s window or pointed at their back door.

If you want to install security cameras outside your home, you should check with your local law enforcement agency to see if there are any specific restrictions in your area.

You also need to be careful about where you place your cameras. If your camera is pointed at a public street or sidewalk, you may be violating the law. In some cases, you may need to get a permit from your local government before you can install a security camera in a public area.

Can I Install a Security Camera in My Florida Business?

If you’re a business owner in Florida, you may be wondering if you can install security cameras in your establishment. The answer is yes, but there are some restrictions to be aware of.

Permits for Security Camera in My Florida Business

You may need to get a permit from your local government before you can install security cameras in your business. The type of business you have will determine whether or not you need a permit. For example, businesses that sell alcohol are typically required to have security cameras.

Notifying Employees and Customers About Security Cameras

As a Florida business owner, you must notify your employees and customers about any cameras you have installed. You should post signs in conspicuous places to let people know that they’re being recorded.

You also need to let your employees know they’re being recorded in the workplace. A best practice is to get written consent from your employees before you can install security cameras.

Failure to comply with the law can result in severe penalties, including fines and jail time.

How to File a Complaint if Someone is Violating the Security Camera Laws in Florida

If you believe someone is violating the security camera laws in Florida, filing a formal complaint with your local government is probably your best solution. You can also contact a lawyer to discuss your legal options.

Where to File a Complaint

Local or state law enforcement is your first stop when filing a complaint about someone violating the security camera laws in Florida. You can contact your local police department, your county sheriff’s office, or the Florida state attorney general’s office.

What Happens After I File a Complaint

After you file a complaint, the agency will launch begin an investigation to determine if the accused did break the law. If a person is found guilty of violating Florida’s security camera laws, they may face penalties such as fines, jail time, or having to register as a sex offender.

Keep in mind that the prosecutor’s office will decide whether or not to pursue criminal charges. To file charges, the prosecutor must believe they can prove their case beyond a reasonable doubt. For this reason, the prosecutor may decide not to file charges even if you can show evidence that someone broke the law.

What to Include in a Complaint

Be sure to include as much information as possible when filing a complaint. Include the name and address of the person you’re filing the complaint against, as well as any relevant dates. Include a description of the incident, and also names and contact information for any witnesses.

Conclusion

The security camera laws in Florida are designed to protect the privacy of citizens while also allowing businesses to install cameras for security purposes. If you’re planning on installing security cameras, it’s important to be aware of the laws and obtain the proper permits, if necessary. Failure to comply with the law could result in severe penalties. If you believe someone is violating the security camera laws in Florida, you can file a complaint with your local law enforcement agency or the state attorney general’s office.

FAQs

Do I need a permit to install security cameras in my business?

That depends on the type of business you have. Some businesses, such as those that sell alcohol, are typically required to have security cameras. You may need to get a permit from your local government before you can install security cameras in your business.

How do I let my employees and customers know about the security cameras?

As a Florida business owner, you must notify your employees and customers about any cameras you have installed. You should post signs in conspicuous places to let people know they’re being recorded. You also need to let your employees know they’re being recorded in the workplace. A best practice is to get written consent from your employees before you can install security cameras.

Do I have to notify my neighbors that I have security cameras in Florida?

No, you are not required to notify your neighbors that you have security cameras in Florida. However, it’s always a good idea to be a good neighbor and let them know about your cameras.

Can I use security camera footage for criminal prosecution in Florida?

Yes, you can use security camera footage for criminal prosecution in Florida. The footage can be used as evidence in a criminal trial. You may also be able to use the footage to file a restraining order against someone.

Can I sue someone for recording me without my permission in Florida?

Yes, you can sue someone for recording you without your permission in Florida. If you win your lawsuit, you may be awarded damages. The amount of damages you can receive will depend on the facts of your case.

Where can Florida landlords point security cameras?

Florida landlords can point security cameras in common areas, such as hallways, stairwells, and parking lots. Landlords cannot point cameras in private areas, such as bedrooms or bathrooms. Landlords must also post signs in conspicuous places to let tenants know they’re being recorded.

What type of security cameras are illegal in Florida?

There are no specific laws in Florida that make certain types of security cameras illegal. However, Florida law regulates how and where you can use security cameras. For example, it’s illegal to install hidden cameras in private areas, such as bedrooms or bathrooms. It’s also illegal to use security cameras to violate the privacy of others in any other way.

*This article is for informational purposes only and is not legal advice. If you have any further legal questions, please contact your local law enforcement agency or an attorney.