Florida call recording law and AI phone agents: what you must disclose
RavinaroDoes Florida really require every party to consent?
Yes. Florida is an all-party consent state under Fla. Stat. § 934.03, which means every participant in the call must consent to it being recorded — not just you. A number of other states take the same position, including California, Pennsylvania, Illinois, Massachusetts, Maryland and Washington.
The exposure is not trivial. Violations carry criminal as well as civil consequences, which is why this is the one piece of configuration we will not make optional.
General orientation, not legal advice. If you take calls across state lines, have counsel look at your setup.
My package includes transcripts. Does that count as recording?
Yes, and this is the part people miss. A transcript is produced from a recording. If an agent hands you a written record of what was said, audio was captured to produce it, and the consent rules apply exactly as they would to a saved audio file.
So a package that promises "a transcript after every call" and does not disclose recording is not a lighter-touch option. It is the same obligation with the disclosure removed.
What exactly should the agent say?
Both facts, in the opening line, before anything worth recording has been said. Something close to: "Hi, you've reached [business]. I'm an AI assistant, and this call is recorded so we can follow up accurately. How can I help?"
Two things matter about the placement. It has to be at the start, so the caller can hang up before saying something they would not want recorded. And it has to be on every call, not a notice on your website that the caller has never read.
What if the caller is in another state, or another country?
Then you do not know which rule applies, because a phone number does not tell you where the person dialling it is standing. A Miami business takes calls from all over the US and from the Caribbean and Latin America.
The only workable approach is to disclose on every call and treat continuing the call as consent, rather than trying to detect the caller's location and apply a per-state matrix. That is what we build, everywhere, for this reason.
Sources
The rules quoted above come from the primary sources below. They are the law itself, not a summary of it — worth reading before you rely on anything here. This page is general information, not legal advice.
- Florida Statutes § 934.03 — interception of communications — Recording is lawful under § 934.03(2)(d) only where every party to the call has given prior consent. Florida is an all-party consent state.
Written by Ravinaro
We build AI receptionists, WhatsApp agents and booking automation for small businesses. If this post raised a question about your own setup, a short call answers it faster than a search.
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