Florida parents can record 'oral communications' from those grooming their children

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The measure offers an evidentiary exception to the wiretapping ban.

New legislation allows parents and guardians of minor children to record “oral communications” from adults attempting to goad the youth into sexual activity.

HB 1281, signed Friday by Gov. Ron DeSantis, stipulates that those with custody over the children can “intercept and record an oral communication if the child is a party to the communication and the parent or legal guardian has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against the child.”

The law takes effect immediately.

The legislation, introduced in the House this Session by Rep. Jenna Persons-Mulicka, further mandates that recording “must be provided to a law enforcement agency and may be used for the purpose of evidencing the intent to commit or the commission” of such a crime against a child.

However, the recording can’t otherwise be “disseminated or shared.”

Expect more prisoners as a result of this law.

Per a committee analysis, “the bill may have an indeterminate positive impact on the jail and prison bed population by exempting the recording of specified communications from the prohibition against wiretapping, and authorizing a private citizen to collect admissible evidence for specified criminal offenses, which may make it easier to prove a violation of such offenses.”

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11 comments

Richard D
April 27, 2024 at 12:59 pm

It’s illegal in Florida to record a phone conversation unless all involved parties agree that it’s okay. However, the new law empowers parents or guardians to intrude into their children’s personal matters based on suspicions which might later be proven to have been unfounded. It’s similar to the 4th Amendment’s “Probable Cause” clause which empowers judicial authorities to arrest and prosecute a person based on suspicion of unlawful conduct. In most instances of probable cause, material evidence of guilt is not required for the arrest. In each instance, the respective authority figures (i.e., police officers, DAs, parents) are legally empowered to use their own discretion, because they are authorities, to decide who is a suspect, why, and to act accordingly. The logical fallacy of “appeal to authority” applies in all of these instances.
Marvin M.
April 27, 2024 at 1:04 pm

Our governor seems overly obsessed with anything that is tangentially close to sex. Gay or otherwise.
But the fact is that our Florida schools were not turning kids gay before Ron DeSantis came along. All they were doing was allowing gay students to be who they are.
How many more weird rules can DeSantis throw out there to show he is at heart a Fascist leaning authoritarian? He’s hardly a Conservative. Conservatives believe in government out of your life. He removes people from school boards. Now he says wiretapping is OK? Book bans? 6-week abortion ban basically saying the government has the right to tell women to bear a child, no matter the circumstances?
Please inform me when our governor responds to actual important things that we need here in Florida. Like insurance reform, and pollution regulations.
Our kids are fine. Parents have way enough rights. DeSantis really needs to get off his jag because it looks super creepy how much he seems to care about stuff involving sex and pretty much has been ignoring everything else.
- MH/Duuuval
  April 27, 2024 at 1:29 pm
  
  Classic moral panic that Dee may not buy into 100 percent but that some of his base will respond to.
- Earl Pitts "RON'S OFFICIAL "UNOFFICIAL VPOTUS CAMPAIGN MANAGER" American
  April 27, 2024 at 1:42 pm
  
  Good AfterNoon Marvin,
  Relax your political sphincter my Besty Lefty you are forgetting that I, Earl Pitts American, was the “Driving Force,
  behind this bill early in this Legislative Session.
  I’ve already considered your above comments and whining complaints prior to the begining of this years Legislative Session.
  Honestly, Marvin, the only issue of concern was the fact that 99% of all our newly incaracitated inmates under this law will be 100% “Dook 4 Brains Leftys” and because of their constant whining and perverse (yes even for prison) sexual proclivaties we have addressed all of your concerns by opening up “A Two State Prison” for these disgusting perverts.
  As everyone agrees it would be “Cruel And Unusual Punishment” to house these Dooks with Florida’s “Normal Prisoners” who are working so hard at Rehabilation so they can once again re-enter Normal Society and re-join there Families and re-enter their respectave communities in The Great State of Florida as Productive Members of Society.
  Thank you for your above posting of your Grivences, Marvin, as you seem to have not known Earl already conducted a “Complete Legislative Review and Recomendations Process” on this New Legislative Initative before we even introduced this Sage Legislation to the floor of Florida’s House and Senate for their Sage Consideration.
  Glad to bring you up to speed on this subject Marvin,
  Earl Pitts American
nail
April 27, 2024 at 1:35 pm

Dear George, Jeb,
What do you say about an Authoritarian who seems to be obsessed with children, their sex organs and any talk of sex with children….do you think he is hiding something…Most are when they obsess as he is, and Gaetz (perpetual Jr Prom trafficker) was a good friend of his, plus we all know that MAGAts, do love the kiddies verses their cold, fridged wives……He isn’t getting any from ice cube FL Karen is without doubt…but the mental MAGATardation is starting to worry me ! When he has nothing to do, but replace state laws now, when there are already federal laws!
As you know federal laws are the law of the land under state are more strident..but now he wants to go over SCOTUS rulings “child welfare Act” that SCOTUS said “you can tape, record, get photos of anyone who has any interaction of your children…
DUH! We know the guy is not to smart and was accepted into the colleges he was because he was some sort of jock who could hit a ball with a bat, but some idiot in FL gave him a law license…
Should we have him followed to the Panhandle where the hillbillies have their own grandchildren born from their daughters..
What do you say ?
- Earl Pitts "RON'S OFFICIAL "UNOFFICIAL VPOTUS CAMPAIGN MANAGER" American
  April 27, 2024 at 1:45 pm
  
  Please check my above posting of Sage Wisdom, Nail, to asuage all of your concerns and greivences.
  Thanks Nail,
  Earl Pitts American
- Dont Say FLA
  April 28, 2024 at 11:43 am
  
  Agree. Accusations made by MAGAs tend to be exposed eventually as having been confessions, so this is very disturbing.
- Rick Whitaker
  April 28, 2024 at 11:16 pm
  
  NAIL, you said it right about desantis and his puss sack buddies. i’m sure that punk’s punk earl didn’t like what you said.
Bwj
April 27, 2024 at 5:04 pm

So what happens when someone records someone who isn’t “grooming ” children? Is that then a violation of the law?
PeterH
April 27, 2024 at 8:01 pm

Think about the vagueness of this legislation! What could go wrong?
Don't Say FLA
April 28, 2024 at 11:41 am

So every conversation with every Conservative male can now be recorded? Nice!