Florida 2024 Regular Session Status: Enacted Bipartisan · 2 D · 1 R cosponsors

HB 1281 — Interception and Disclosure of Oral Communications

Last action — Chapter No. 2024-131

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 05, 2024. Enacted.

Signed by Governor Ron DeSantis (Republican) on April 26, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 94% · high confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    3 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Interception and Disclosure of Oral Communications; Authorizing the interception and recording of an oral communication by the parent or legal guardian of a child under a specified age under certain circumstances; requiring that the recording be provided to a law enforcement agency; prohibiting any further dissemination or sharing of the recording, etc.

Bill Text

What changed in the latest version

41 added · 23 removed

41 line(s) added, 23 removed.

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Previous
Latest
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB128, Engrossed 1 2024 A bill to be entitled An act relating to interception and disclosure of oral communications;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1281 2024 A bill to be entitled An act relating to interception and disclosure of wire, oral, or electronic communications;
authorizing the interception and recording of an oral communication by the parent or legal guardian of a child under a specified age under certain circumstances;
permitting the intercept and recording of an oral communication by the parent of a child under a specified age in certain circumstances if the recording is provided to a law enforcement agency;
requiring that the recording be provided to a law enforcement agency;
permitting the intercept and recording of an oral communication in certain circumstances concerning specified offenses;
prohibiting any further dissemination or sharing of the recording;
Present paragraph (l) of subsection (2) of section 934.03, Florida Statutes, is redesignated as paragraph (m), and a new paragraph (l) is added to that subsection, to read:
Paragraph (l) of subsection (2) of section 934.03, Florida Statutes, is redesignated as paragraph (n), and new paragraphs (l) and (m) are added to that subsection, to read:
934.04- 934.09 for a parent or legal guardian of a child under 18 years of age to 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 Page 1of 2 CODING:
934.04- 934.09 for a parent or legal guardian of a child under 18 years of age to 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 Page 1of 3 CODING:
hb1281-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB128, Engrossed 1 2024 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.
hb1281-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1281 2024 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.
A recording authorized under this paragraph which captures a statement by a party that the party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against a child 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 a crime specified in subparagraph 1.
A recording authorized under this paragraph and which captures a statement by a party that the party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against a child 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 an unlawful sexual act or an unlawful act of physical force or violence against a child.
against a child.
(m)1.
It is lawful under this section and ss.
934.04- 934.09 for a person to intercept and record an oral communication if the person is a party to the communication and 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 against the party intercepting and recording the communication an unlawful act of domestic violence as defined in s.
741.28;
or repeat violence, sexual violence, or dating violence under s.
784.046.
2.
A recording authorized under this paragraph may be provided to a law enforcement agency, an attorney, or a court Page 2of 3 CODING:
Words strickenare deletions;
words underlined are additions.
hb1281-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1281 2024 for the purpose of evidencing that a crime as listed in subparagraph 1.
has been committed.
A recording authorized under this paragraph may not be otherwise disseminated or shared.
Page 2of 2 CODING:
Page 3of 3 CODING:
hb1281-02-e1
hb1281-01-c1
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Action History

  1. Chapter No. 2024-131

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 112, NAYS 0

  6. Amendment 353898 Concur

  7. Added to Senate Message List

  8. In Messages

  9. CS passed as amended; YEAS 39 NAYS 0

  10. Read 3rd time

  11. Amendment(s) adopted (353898)

  12. Read 2nd time

  13. Substituted for SB 1618

  14. Placed on Calendar, on 2nd reading

  15. Withdrawn from Rules

  16. Received

  17. Referred to Rules

  18. In Messages

  19. CS passed; YEAS 113, NAYS 0

  20. Read 3rd time

  21. Added to Third Reading Calendar

  22. Placed on 3rd reading

  23. Read 2nd time

  24. Bill added to Special Order Calendar (2/21/2024)

  25. Added to Second Reading Calendar

  26. Bill released to House Calendar

  27. Reported out of Judiciary Committee

  28. Favorable by Judiciary Committee

  29. Added to Judiciary Committee agenda

  30. Now in Judiciary Committee

  31. Referred to Judiciary Committee

  32. 1st Reading (Committee Substitute 1)

  33. CS Filed

  34. Laid on Table under Rule 7.18(a)

  35. Reported out of Criminal Justice Subcommittee

  36. Favorable with CS by Criminal Justice Subcommittee

  37. Added to Criminal Justice Subcommittee agenda

  38. Now in Criminal Justice Subcommittee

  39. Referred to Judiciary Committee

  40. Referred to Criminal Justice Subcommittee

  41. 1st Reading (Original Filed Version)

  42. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 1 co-sponsors · 160 not signed on

Sponsors (3)

Co-sponsors (1)

Not signed on (160)

160 members have not signed on to this bill.

Show all 160 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 112 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 63003
Unaffiliated 23002
Democrat 26002
Total 112007
% of votes cast 94%0%0%6%
How each member voted (119)
Member Party Vote
Casello — Not Voting
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Beltran — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Not Voting
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Not Voting
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 22000
Democrat 6000
Unaffiliated 10001
No Party Affiliation 1000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Yea
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Collins — Yea
Perry — Yea
Broxson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 63003
Democrat 28001
Unaffiliated 22003
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Roth — Yea
Rudman — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Benjamin — Not Voting
Silvers — Not Voting
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Not Voting
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Not Voting
McClure, Lawrence Republican Not Voting
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Not Voting
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 1281 do?
Interception and Disclosure of Oral Communications; Authorizing the interception and recording of an oral communication by the parent or legal guardian of a child under a specified age under certain circumstances; requiring that the recording be provided to a law enforcement agency; prohibiting any further dissemination or sharing of the recording, etc.
Who sponsors HB 1281?
HB 1281 is sponsored by Joseph, Dotie (Democrat), López, Johanna (Democrat), Criminal Justice Subcommittee, and Persons-Mulicka, Jenna (Republican).
What is the current status of HB 1281?
This bill has been enacted into law. Introduced January 05, 2024. Enacted.
Where can I track HB 1281?
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