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Laws regarding wiretapping which can include filming differ in critical details from state to state. Florida s rules aren t particularly prohibitive if you understand the finer nuances. Technically, you can film law enforcement officers, but how you do it can make all the difference between risking civil or criminal prosecution and standing by your rights.

Location isn t just a consideration when touting a prime piece of real estate. It s also pivotal to wiretapping and filming laws, including those in Florida. When police are performing their duties in a public location, you can film them. They or anyone else within camera range have no expectation of privacy if they re on the street or otherwise out in public. The Eleventh Circuit of the U.S. Court of Appeals, which covers Florida, has ruled that the First Amendment applies in these situations. You have a right to record public officials on public property and to disseminate or share what you film.

If your camera or recording device captures sound, not just video, more rules come into play. Florida is a two-party consent state when it comes to audio recordings. This means that if your camera is also catching sound, law enforcement officers must be aware of and give their consent to the filming. This can place you in jeopardy of interfering with their duties if you approach the scene and interrupt them for the purpose of gaining their consent, and it s highly unlikely that they d give it to you under the circumstances. The location factor offers a loophole to this rule, however, because the police have no expectation of privacy in a public place, so the conversation is technically fair game and their consent to record it is not required. You might need an attorney to argue this for you if the officers take exception to your activities. It s possible that they could arrest you or confiscate your camera and let the court sort out later whether they had a right to do so.