Lisa Hochstein, a cast member of 'Real Housewives of Miami,' turned herself in to Miami-Dade police on April 15, 2026, on one count of unlawful interception of wire, oral, or electronic communications under Florida Statute § 934.03. Police recovered 98 recordings from a device allegedly hidden in the floorboard of her estranged husband Lenny Hochstein's 2023 Mercedes-Maybach GLS 600. Her boyfriend Jody Glidden was charged with the same third-degree felony, according to NBC News. For Florida residents in contested divorces, this case is a sharp reminder that secretly recording a spouse is a felony, not a litigation tactic.
Key Facts
| Item | Detail |
|---|---|
| What happened | Lisa Hochstein and boyfriend Jody Glidden each charged with one count of unlawful interception of communications |
| When | Turned herself in April 15, 2026; released on bond the same day |
| Where | Miami-Dade County, Florida |
| Who's affected | Lisa Hochstein, Jody Glidden, and plastic surgeon Lenny Hochstein (the alleged victim) |
| Key statute | Fla. Stat. § 934.03 — Interception of wire, oral, or electronic communications (third-degree felony) |
| Evidence recovered | 98 recordings allegedly captured by a device hidden in the floorboard of a 2023 Mercedes-Maybach GLS 600 |
| Maximum penalty | Up to 5 years in state prison and a $5,000 fine per count |
Why This Matters Legally
Florida treats secret recordings as a serious felony, not a civil matter. Under Fla. Stat. § 934.03, it is a third-degree felony to intentionally intercept any oral communication when at least one party has a reasonable expectation of privacy and has not consented. Florida is one of approximately 11 'all-party consent' states (sometimes called 'two-party consent'), meaning every participant in a private conversation must agree to the recording. The interior of a personal vehicle is exactly the type of space Florida courts have repeatedly held carries a reasonable expectation of privacy.
The Hochstein arrest underscores three legal realities that apply to every Florida divorce, not just those involving celebrities. First, the criminal exposure is independent of the divorce case — a spouse facing felony charges still has to litigate the divorce simultaneously. Second, illegally obtained recordings are inadmissible under Fla. Stat. § 934.06, which bars the use of intercepted communications in any 'trial, hearing, or other proceeding.' Third, civil damages can stack on top of criminal penalties: § 934.10 allows the recorded party to sue for actual damages, statutory damages of $100 per day or $1,000 (whichever is greater), punitive damages, and attorney's fees.
How Florida Law Handles This
Florida's wiretap statute is among the strictest in the United States. The relevant framework breaks down into four key sections that family law attorneys consult constantly.
Fla. Stat. § 934.03 makes it a third-degree felony to intentionally intercept, endeavor to intercept, or procure another person to intercept oral, wire, or electronic communications. A third-degree felony in Florida carries up to 5 years in state prison and a $5,000 fine under Fla. Stat. § 775.082 and § 775.083. Each separate recording can theoretically constitute a separate count, though prosecutors typically charge a single representative count.
Fla. Stat. § 934.06 is the evidentiary kill switch. Even if a spouse captures a damaging admission — an affair, hidden assets, an angry threat — that recording cannot be played, transcribed, or referenced in a Florida divorce trial, custody hearing, or deposition. Judges routinely strike such evidence and may sanction the offering attorney.
Fla. Stat. § 934.10 creates a civil cause of action. The recorded spouse can sue independently of the criminal case for damages and attorney's fees, which can dwarf the original divorce dispute.
Finally, Fla. Stat. § 61.13 governs parenting plans and the best-interest factors. A felony arrest during a contested custody case is a factor a judge can weigh under § 61.13(3), which directs courts to consider 'the moral fitness of the parents' and 'evidence of domestic violence' or harassment.
Practical Takeaways
- Never record your spouse in a private space. The car, the bedroom, the kitchen, and the home office all carry a reasonable expectation of privacy in Florida. A GPS tracker on a jointly titled vehicle is a separate issue under Fla. Stat. § 934.425, which makes nonconsensual tracking a second-degree misdemeanor.
- Do not ask a third party to do what you cannot legally do yourself. § 934.03 expressly criminalizes 'procuring another person' to intercept communications. Asking a friend, private investigator, or new partner to install a device exposes both of you.
- Use lawful discovery instead. Florida Family Law Rule 12.280 allows interrogatories, requests for production, depositions, and subpoenas to financial institutions. A subpoena duces tecum to a bank reveals more than a hidden microphone ever will, and the evidence is admissible.
- If you suspect you are being recorded, document it. Sweep your vehicle, request a forensic exam of any device left near you, and file a police report. The 98 recordings in the Hochstein case were discovered after a sweep of the Maybach.
- Hire an attorney before doing anything self-help. The cost of a one-hour consultation is a fraction of the cost of defending a felony charge while simultaneously losing leverage in your divorce.
Frequently Asked Questions
FAQs
Is it illegal to record your spouse in Florida during a divorce?
Yes. Under Fla. Stat. § 934.03, Florida requires all-party consent for recording private conversations. Secretly recording a spouse in the home, car, or bedroom is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. The recording is also inadmissible under § 934.06.
Can a recording obtained illegally be used in a Florida divorce case?
No. Fla. Stat. § 934.06 bars any intercepted oral or wire communication from being received in evidence at any trial, hearing, or other proceeding. Florida judges routinely strike illegal recordings from divorce, custody, and alimony cases, even when they contain damaging admissions about affairs or hidden assets.
What is the penalty for wiretapping a spouse in Florida?
Unlawful interception is a third-degree felony under Fla. Stat. § 934.03, carrying up to 5 years in state prison and a $5,000 fine per count. The recorded party can also file a civil suit under § 934.10 for actual damages, $1,000 in statutory damages (or $100 per day), punitive damages, and attorney's fees.
Does a pending criminal charge affect a Florida custody case?
Yes, indirectly. Under Fla. Stat. § 61.13(3), Florida courts weigh 'moral fitness' and any history of harassment when crafting a parenting plan. A felony arrest during the divorce — particularly one involving alleged surveillance of the other parent — is a factor a judge can consider when determining timesharing and decision-making authority.
Can I install a GPS tracker on my spouse's car in Florida?
Generally no, unless you are a co-titled owner or have consent. Fla. Stat. § 934.425 makes it a second-degree misdemeanor to knowingly install a tracking device or application on another person's property without consent. Licensed private investigators operating within Chapter 493 have narrow exceptions, but spouses do not.
Talk to a Florida Family Law Attorney
If you are in a contested Florida divorce and are tempted to gather evidence yourself, talk to a licensed Florida family law attorney before you do anything that could turn you from a plaintiff into a defendant. Lawful discovery is almost always more effective — and far less expensive — than self-help surveillance.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.