How Do You Ask Permission to Film Someone in Florida?
Seeking permission to film someone is an important concept for any filmmaker to understand and the laws vary by state. Filming in Florida certainly has benefits. But how do you ask permission to film someone in Florida? Without breaking the state regulations on recording without consent? Does Florida’s all-party consent law mean that you must ask permission from anyone that you film? Or are there loopholes?
Florida’s All-Party Consent Law
What does all-party consent mean? According to Florida law, in most circumstances all-party consent is required before legal recordings can take place in private. But what about with filming?
The all-party consent law is a protection that is provided to residents or individuals in Florida in regards to audio recordings including wire-tapping and the recording of telephone conversations, but this law varies when it comes to filming.
Generally, if you’re filming in Florida and DO NOT capture the dialogue of the individual that you’re filming, without their consent, then the laws are quite different and the protections minimal.
However, if you secretly record audio of an individual in Florida? Such as their conversations. You could face Felony charges that are punishable by up to five years in prison and a $5,000 fine.
So, how do you ask permission to film someone in Florida? What’s the process? Typically, if you intend to film someone in Florida, you’re going to need to ask permission.
Since the United States Constitution does not offer protection from unauthorized filming, residents and individuals in Florida that are seeking protection from filmmakers face some tough challenges.
Generally speaking, filming in a public place is perfectly legal in Florida and no permission is required. Anyone can use video surveillance in public and there is the notion of public places not being private therefore, if you’re filming in public you do NOT need permission in Florida.
As a filmmaker though, if you intend to use footage commercially, you should seek permission, even in Florida in public. But why?
While the public laws on filming state that you do not need permission, the laws change when you begin to film someone and then intend to use the footage commercially and get paid.
People have a right to know what works are created with their image for a profit. Therefore, you will need to ask permission from anyone that you film, in public, in Florida, if you intend to use the footage for commercial use.
All you have to do is ask!
Film the individual stating their name, the date, and that they do provide permission for you to film them.
A simple, recorded permission or a signed release form is protection enough against any Florida statutes or laws that would otherwise protect individuals against unauthorized filming.