Are Dash Cams Legal in Florida?
Yes, dash cams are legal in Florida. Drivers can use them to record road incidents, protect themselves in accidents, and document encounters with law enforcement. However, their use is subject to specific state laws regarding placement and privacy.
Windshield Obstruction Laws
- Florida Statute 316.2004 prohibits placing any non-transparent object on the windshield, side, or rear windows that materially obstructs the driver’s clear view of the road.
- Placement Recommendations:
- Mount dash cams behind the rearview mirror or in the lower passenger-side corner of the windshield to minimize obstruction.
- Avoid mounting in a way that blocks your field of vision, as this could result in a citation.
Audio Recording and Privacy Laws
- Two-Party Consent State:
- Florida is a two-party consent state under Florida Statute 934.03. All parties involved in a private conversation must consent to being recorded.
- If your dash cam records audio inside the vehicle, you must inform all passengers and obtain their consent. Secretly recording audio is a felony.
- Video recording in public spaces (like roads) is generally allowed, but audio recording without consent is not.
Admissibility in Court
- Dash cam footage is admissible in Florida courts if it was obtained legally and the chain of custody is maintained.
- Illegally recorded audio (without consent) cannot be used as evidence and may result in criminal charges.
- Footage can be used in insurance claims and personal injury cases, but be aware that your own footage could be subpoenaed and used against you if it shows fault.
Best Practices for Legal Dash Cam Use in Florida
- Mount the dash cam so it does not obstruct your view—preferably behind the rearview mirror or in a lower windshield corner.
- Disable audio recording unless all passengers have given explicit consent.
- Inform passengers that they are being recorded if audio is enabled.
- Do not alter or destroy footage after an incident, as this could be considered tampering with evidence.
- Preserve footage for at least 180 days if it may be needed for legal or insurance purposes.
Summary Table: Florida Dash Cam Laws
| Aspect | Regulation/Requirement |
|---|---|
| Dash cam legality | Legal, with restrictions |
| Windshield obstruction | Must not block driver’s clear view (F.S. 316.2004) |
| Audio recording | Two-party consent required (F.S. 934.03) |
| Video recording (public road) | Allowed |
| Admissibility in court | Legal if obtained lawfully and chain of custody kept |
| Best mounting locations | Behind rearview mirror or lower passenger-side corner |
Dash cams are legal in Florida, but you must mount them so they do not obstruct your view and comply with strict audio recording consent laws. Always inform passengers if audio is being recorded, and follow best practices to ensure your footage is both legal and useful if needed in court or insurance claims.
Sources
- https://www.ftlinjurylaw.com/blog/florida-dash-cam-laws/
- https://www.andrewpickettlaw.com/blog/florida-dash-cam-laws/
- https://pl-law.com/florida-dash-cam-laws-how-dash-cam-footage-can-help-your-case/
- https://www.salterhealy.com/can-dashcam-footage-be-used-in-florida-court/
- https://beersandgordonlaw.com/are-dash-cams-legal/