In Florida, dash cams are legal for recording incidents, monitoring driving habits, and documenting interactions with law enforcement. However, their use is subject to certain restrictions to ensure they don’t violate traffic laws or privacy regulations.
Legality and Placement
- General Legality: Dash cams are legal in Florida.
- Windshield Obstruction: Florida Statute 316.2004 states that nothing can obstruct a driver’s view through the windshield, windows, or rear windows. Dash cams should be mounted where they do not block the driver’s line of sight.
- Recommended Mounting Locations: Acceptable locations include behind the rearview mirror or in the lower corner of the passenger side of the windshield.
- Consequences of Obstruction: Placing a dash cam in a location that obstructs the driver’s view could result in a fine and a nonmoving violation.
Audio Recording and Privacy
- Two-Party Consent: Florida is a two-party consent state, meaning everyone being recorded must agree to the recording. This applies to audio recorded by dash cams.
- Consent Requirement: If a dash cam records audio, all passengers must be informed and give consent.
- Wiretapping Statutes: Florida Statute 934.03 prohibits collecting audio of another individual without permission. Secretly recording another person is a felony.
- Exceptions: Recording is permitted during traffic stops where there is no reasonable expectation of privacy.
Admissibility of Footage in Court
- Legal and Authentic Footage: Dash cam footage can be used as evidence in court if it was obtained legally and has not been altered.
- Authenticity: The footage must be reliable and unaltered to be admissible. Any alterations or suspected tampering could render the footage inadmissible.
- Chain of Custody: Maintaining a proper chain of custody is essential, requiring authentication of the content, identification of involved individuals, and documentation of reasonable handling.
Best Practices
- Inform Passengers: Always inform passengers that they are being recorded if the dash cam has audio recording capabilities.
- Proper Mounting: Ensure the dash cam is mounted in a location that does not obstruct the driver’s view.
- Preserve Original Footage: Do not alter the footage in any way.
- Consult Legal Counsel: Seek advice from a car accident lawyer to understand how dash cam laws apply to specific situations.
SOURCES
[1] https://florinroebig.com/car-accidents/florida/are-dash-cams-legal-in-florida/
[2] https://www.wpricepa.com/blog/are-dash-cams-legal/
[3] https://www.salterhealy.com/can-dashcam-footage-be-used-in-florida-court/
[4] https://www.ftlinjurylaw.com/blog/florida-dash-cam-laws/
