Is Florida a one-party consent state?
No. Florida is an all-party consent state for recording calls, under Fla. Stat. § 934.03.
General information, not legal advice. Laws change and we can get things wrong, so check with a lawyer before relying on any of this. Citations checked October 2026. Spotted an error? Tell us.
Recording calls in Florida
Florida asks for the consent of everyone on a call before it is recorded. If the agent records the calls it answers, the usual practice is to tell each caller at the start.
§ 934.03 makes intercepting a wire, oral or electronic communication a felony unless all parties have given prior consent (§ 934.03(2)(d)).
Reporters Committee summary for FloridaRecording a call without every party's consent is a third-degree felony under § 934.03(4)(a), punishable by up to 5 years in prison and a fine of up to $5,000 (§§ 775.082, 775.083). A person recorded can sue for actual damages of at least $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages, attorney fees and litigation costs (§ 934.10).
General information, not legal advice. Citations checked October 2026. Ask a Florida lawyer about your own calls.
Using an AI agent to answer your Florida line
Florida needs everyone's consent, so the recording notice goes in the agent's first sentence, before the caller says anything. Ask your lawyer whether the notice plus the caller staying on the line meets Florida's standard for your industry.
“Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?”
A Cartesia voice agent answers your business line, says this on every call, then takes messages or transfers the caller to your team.
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If the agent also calls out from Florida
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules plus Florida's own.
Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.
47 U.S.C. § 227(b)(1)(B)47 C.F.R. § 64.1200(a)(2) and (a)(3)FCC ruling on AI voices, February 2024Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.
16 C.F.R. § 310.4(c)The Florida Telephone Solicitation Act bars unsolicited sales calls that use an automated system to select and dial numbers, or that play a recorded message, without the called party's prior express written consent (§ 501.059(8)(a)). The caller has to give a real first and last name and the business at the start (§ 501.059(2)), and a called party can sue for $500 per violation, tripled if willful (§ 501.059(10)).
Statute textSales calls into Florida, including automated ones, can only run from 8 a.m. to 8 p.m. in the called person's time zone, and a seller can make no more than 3 calls to the same person in 24 hours about the same thing.
Statute textWhere Florida callers are
Time zone: Eastern, with the western Panhandle on Central. You set your business hours in your own time zone, and the agent takes messages outside them.
305
Miami-Dade and the Keys
321
Space Coast
407
Orlando
561
Palm Beach
727
St. Petersburg
813
Tampa
904
Jacksonville
954
Broward and Fort Lauderdale
States near Florida
Enterprise-grade security
HIPAA compliant
SOC 2 Type 2
GDPR
Florida call recording law FAQs
Is Florida a one-party or all-party consent state for recording calls?
Florida is an all-party consent state for recording calls, under Fla. Stat. § 934.03. This is general information, not legal advice. Ask a lawyer about your own calls.
Do I have to tell callers an AI agent is recording in Florida?
Plan on yes. Florida asks for every party's consent, so the agent should say the call is recorded at the start. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" and you can change the rest of the line. This is general information, not legal advice.
What if the caller is in a different state than my Florida business?
The stricter state's rule can apply. In Kearney v. Salomon Smith Barney (2006), the California Supreme Court held that California's all-party rule governs, going forward, calls a Georgia office records with clients in California. A business that takes calls from other states usually announces recording on every call.
How much does a Cartesia agent cost to answer calls in Florida?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Florida?
Time zone: Eastern, with the western Panhandle on Central. Main area codes: 305, 321, 407, 561, 727, 813, 904, 954. The agent answers calls from any number, and you set your business hours in your own time zone.
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