Is Florida a two-party consent state?

Florida is a two-party (all-party) consent state: everyone on the call has to consent before it is recorded. Businesses usually handle this by announcing the recording at the start of the call.

General information, not legal advice. Check the statute and talk to a lawyer about your situation.

Statute checked October 15, 2026

The law

Rule
A two-party (all-party) consent state
Notes
Interception is lawful under the wiretap chapter when all parties to the communication have given prior consent.

For businesses using an AI receptionist

AI receptionists usually record and transcribe calls. Announcing at the start of the call that it's recorded, and that the caller is speaking with an AI assistant, is the common way businesses handle callers from states with stricter rules.

Compare AI receptionists and check which ones announce recording and AI use.

Other Florida rules for AI calls

Florida Telephone Solicitation Act

Telemarketing and automated calls

  • Unsolicited sales calls that use an automated system to select and dial numbers, or that play a recorded message once the call connects, need the called party's prior express written consent.
  • Prior express written consent is a signed written agreement (electronic signatures and actions like checking a box can count) for a specific number, and must say signing is not a condition of purchase.
  • "Unsolicited" excludes calls made at the person's express request, calls about an unfinished existing debt or contract, and calls to someone with a prior or existing business relationship.
  • Callers making unsolicited sales calls must promptly give their true first and last name and the business they are calling for.
  • No sales calls to numbers on Florida's no sales solicitation calls list, or to anyone who has asked not to be contacted.
  • Caller ID must not be altered to defraud or mislead.
  • People harmed can sue for actual damages or $500 per violation, whichever is greater, and up to triple for willful or knowing violations. For text messages, the person must first reply "STOP" and give the sender 15 days to stop.

Fla. Stat. 501.059 (2026)

Florida Telemarketing Act (calling hours and call frequency)

Telemarketing and automated calls

  • Commercial telephone solicitation calls, including automated or recorded calls, may not be made before 8 a.m. or after 8 p.m. in the called person's time zone.
  • No more than three commercial telephone solicitation calls to the same person in a 24-hour period on the same subject, regardless of which phone number is used.

Fla. Stat. 501.616(6) (2026)