This is one of the most common questions we get at our Tampa office, and the answer has real consequences. Some of what an anxious Tampa Bay spouse is tempted to do is perfectly lawful. Some of it is a third degree felony under Florida law. Here is what you can and cannot do on your own, and what a licensed investigator can lawfully do that you cannot.
The Three Florida Laws That Matter
Three separate Florida statutes are most likely to trip up a suspicious Tampa Bay spouse doing their own detective work. Understanding each one will keep you out of criminal exposure and keep your eventual evidence admissible.
| Florida Statute | What It Covers | Why It Matters |
|---|---|---|
| F.S. 934.03 | Two party consent for audio recording | Recording a private conversation without all parties’ consent is a third degree felony. |
| F.S. 934.425 | Installation of tracking devices | Placing a tracker on a vehicle you do not own or have authorization to track is a second degree misdemeanor. |
| F.S. 815.06 | Unauthorized access to computers, phones, and accounts | Accessing an account without authorization can be a felony, even within a marriage. |
Recording Conversations in Florida
Florida Statute 934.03 is one of the most important statutes for Tampa Bay residents to understand. Florida is a two party consent state, which means that to lawfully record a private conversation, every person involved in the conversation must consent.
This is different from many other states. A Northern Virginia resident who records a call with their spouse is on safe ground under Virginia’s one party consent rule. A Tampa Bay resident who does the same thing has committed a third degree felony.
What This Means in Practice
- You cannot record your spouse’s phone calls with third parties. Even if the phone is on speaker in the kitchen, even if you are in the house, the third party has not consented.
- You cannot record your spouse’s in person conversations with a third party. Hiding a recorder in a handbag, a car, or a nightstand is a felony in Florida.
- You cannot activate voice recording on your spouse’s phone. Both parties to the resulting recording did not consent.
- You can record a conversation you are openly part of, with their knowledge. Consent is the controlling factor.
Why this matters beyond the criminal exposure: Even if no one prosecutes the recording itself, any divorce evidence obtained in violation of F.S. 934.03 is almost always excluded by Florida courts. Worse, if opposing counsel learns the recording was unlawfully made, it can damage your credibility on every other aspect of the case.
GPS Tracking a Vehicle in Florida
Florida Statute 934.425 governs tracking devices. The statute generally prohibits knowingly installing a tracker on someone’s vehicle without their consent. There are important exceptions, and the exceptions are where licensed investigators operate.
When Tracking Is Generally Allowed
- The tracker is installed on a vehicle you solely own.
- The tracker is installed with the documented consent of every registered owner.
- A law enforcement officer installs the tracker under proper legal process.
- A licensed private investigator installs the tracker consistent with the statute’s professional exception, typically on behalf of a client who has a lawful basis for tracking the specific vehicle.
When Tracking Is Not Allowed
- On a vehicle your spouse solely owns and titled in their name alone.
- On a vehicle owned by the third party or a company the third party controls.
- On any vehicle without a lawful basis tied to the specific circumstances of the case.
The ownership analysis is not always obvious. A vehicle leased by one spouse’s employer, a vehicle titled in a trust, a vehicle purchased during the marriage but registered to one spouse only. Each fact pattern changes what is legally defensible. We evaluate every tracking request carefully before any device is installed, and we do not install if the legal footing is unclear.
Accessing Phones, Email, and Accounts
Florida Statute 815.06 is the Florida Computer Related Crimes Act. Among other things, it criminalizes unauthorized access to computers, systems, and data. Federal law under the Computer Fraud and Abuse Act creates similar and often overlapping liability.
Many Tampa Bay spouses assume that being married provides implicit authorization to access any shared device or account. This assumption is wrong under Florida law. Authorization must be explicit and ongoing. Marriage does not grant it. Living in the same house does not grant it. Paying the phone bill does not grant it.
What a Licensed Florida Investigator Can Do That You Cannot
Licensed Florida private investigators operate under Florida Statute 493, which provides certain professional exceptions for activities that would be restricted if done by a private citizen. Our licensing, bonding, and documented investigative protocols give us legal ground that a spouse acting alone does not have.
| What We Can Do Lawfully | What You Cannot Safely Do Alone |
|---|---|
| Physical surveillance of your spouse in public spaces | Following your spouse in your own car across Tampa Bay |
| Photo and video evidence gathered from public vantage points | Taking photos from inside private property (trespass risk) |
| GPS tracking on vehicles where the legal footing is defensible | Installing a tracker without analyzing F.S. 934.425 |
| Professional database research on the third party | Social engineering or pretexting to get information |
| Witness interviews with proper documentation | Questioning witnesses in ways that may later be characterized as tampering |
| Coordination with your family law attorney for subpoenas | Accessing your spouse’s accounts without authorization |
| Chain of custody documentation admissible under Florida Evidence Code | Self collected evidence often excluded as improperly gathered |
The practical point: A Tampa Bay resident who spends three months doing their own investigation often arrives at our office with a box of evidence that is either inadmissible, illegal, or both. The same client could have had a professionally documented, fully admissible case in two to three weeks by calling a licensed investigator first.
What You Can Safely Do on Your Own
Not everything is off limits. The following are almost always lawful for a Tampa Bay resident:
- Reviewing joint bank and credit card statements you already have access to.
- Preserving your own phone records and text messages.
- Taking photos of documents and receipts left in plain view in your own home.
- Writing down observations of your spouse’s behavior with dates and specifics.
- Noting the mileage on vehicles you jointly own.
- Looking at public social media posts that are visible to any internet user.
- Talking openly with a Florida family law attorney under privilege.
- Calling a licensed Florida private investigator.
Before You Do Anything, Call Us
The difference between useful evidence and a criminal investigation of you often comes down to one phone call. PLRG has been answering these questions for Tampa Bay residents since 2006. Every conversation is confidential and protected, and there is no charge to get your initial questions answered.
This article provides general information about Florida law. It does not constitute legal advice and does not create an attorney client relationship. For advice on your specific situation, consult a licensed Florida attorney.
