Can You Record Your Doctor Appointment in Florida?

Recording an in-person visit

Florida makes it a crime to record an in-person conversation unless everyone in it has agreed, when the speaker expects the talk is not being recorded and the setting makes that expectation reasonable. A closed exam room or private office is the kind of place where courts have found that expectation can exist. In a 2019 federal appeals case, a parent secretly recorded a doctor in his private medical office, and the court said a jury could find the doctor's words were protected. The clearest way to stay within Florida law is to ask the clinician, and anyone else in the room, before you start, and record only if they agree.

Phone and telehealth visits

Florida's all-party rule also covers phone calls and video visits, including the audio of a telehealth app. Everyone on the call must agree before you record. If the clinician is in another state, it is not settled which state's law applies, so the safest course is to follow Florida's stricter rule whenever you or the clinician is in Florida. Asking "Is it OK if I record this visit?" at the start, and getting a yes on the recording, meets the rule.

When you and your clinician are in different states, for example on a phone or video visit, there is no single national rule for which state's law applies. Courts decide case by case, and they have not all agreed. California's highest court applied California's stricter rule to calls recorded in Georgia with people in California, while a Pennsylvania court declined to apply Pennsylvania's stricter rule to a call recorded in New York. The safest choice is to follow the stricter state's rule: tell everyone you are recording and get their OK.

Things to know

• The clinician's OK does not cover other people in the room, such as a nurse, a student or a family member. Each person should agree.
• Courts look at the setting, such as whether the talk happened behind a closed door and whether a recording device was visible. Do not count on this instead of asking.
• Recordings made in violation of Florida's law generally cannot be used as evidence in court (Fla. Stat. 934.06).
• A clinic may have its own policy on recording visits.
• In 2024 Florida added a narrow exception that lets a parent or guardian record a child's conversations to capture evidence of abuse. It does not apply to ordinary medical visits.

What happens if you break the law

Illegal interception is a third-degree felony (Fla. Stat. 934.03(4)(a)), punishable by up to 5 years in prison (775.082(3)(e)) and a fine of up to $5,000 (775.083(1)(c)). A person recorded illegally can sue for actual damages of at least $100 per day of violation or $1,000, whichever is higher, plus punitive damages and attorney's fees (934.10).

How to ask your clinician

Ask before you start, and record the answer so there's no doubt later:

“Before we start, is it okay if I record this visit? I want to remember your instructions correctly.”

Wait for a clear yes. If your clinician says no, take notes instead or ask for a written summary. More tips are in our guide to asking to record your doctor visit.

Florida law and court decisions

• Fla. Stat. § 934.03: Bans intercepting wire, oral or electronic communications; lawful only when all parties give prior consent (934.03(2)(d)); third-degree felony (934.03(4)(a))
• Fla. Stat. § 934.02: Definitions; an 'oral communication' is one uttered with a justified expectation that it is not subject to interception
• Fla. Stat. § 934.10: Civil lawsuit and damages for illegal interception
• Fla. Stat. § 775.082: Prison term for a third-degree felony (up to 5 years)
• Fla. Stat. § 775.083: Fine for a third-degree felony (up to $5,000)
• McDade v. State, 154 So. 3d 292 (Fla. 2014): A secret recording made in a private bedroom intercepted protected 'oral communications' and was inadmissible; protection turns on a justified expectation that the talk would not be recorded, and chapter 934 has no exception for crime victims.
• Woliner v. Sofronsky, No. 19-11060 (11th Cir. Dec. 18, 2019) (unpublished): Reversed summary judgment for a parent who secretly recorded a doctor in his soundproofed private medical office, because a jury could find the doctor had a reasonable expectation of privacy under Florida's law.
• State v. Inciarrano, 473 So. 2d 1272 (Fla. 1985): A person who went to the victim's office to harm him had no justified expectation of privacy there, so the victim's recording was not barred; McDade (2014) describes this as a narrow holding about trespassers.

Recent change: Ch. 2024-131 (effective April 26, 2024) added an exception in 934.03(2) letting a parent or legal guardian record a child's conversation to capture statements about sexual abuse or violence against the child. Ch. 2026-3 (effective July 1, 2026) added a 'signal jamming device' definition to 934.02 and created 934.51. Neither changes the all-party consent rule.

Frequently asked questions