On April 15, 2026, Real Housewives of Miami star Lisa Hochstein and boyfriend Jody Glidden surrendered to Miami-Dade authorities, each facing one third-degree felony count of unlawful interception of oral communications under Fla. Stat. § 934.03 for allegedly planting a recording device in ex-husband Dr. Leonard Hochstein's 2023 Mercedes-Maybach GLS 600 during their 2023 divorce. The case is a warning to every divorcing Floridian: secretly recording your spouse can cost you up to 5 years in prison and $5,000, and it almost always backfires in the divorce itself.
Key Facts
| Detail | Information |
|---|---|
| What happened | Lisa Hochstein and Jody Glidden surrendered on felony wiretap charges |
| When | April 15, 2026 (arraignment set for April 20, 2026) |
| Where | Miami-Dade County, Florida |
| Alleged conduct | Planted recording device in driver's-side floorboard of 2023 Mercedes-Maybach GLS 600 between March 12–31, 2023 |
| Charge | One felony count of unlawful interception of oral communications, Fla. Stat. § 934.03 |
| Potential penalty | Up to 5 years in prison, $5,000 fine (third-degree felony) |
| Release status | Released on own recognizance |
Source: Local10 News coverage, April 15, 2026.
Why This Matters Legally
Florida is a two-party consent state, and that one sentence explains why Lisa Hochstein is now facing a felony. Under Fla. Stat. § 934.03, it is illegal for anyone to intentionally intercept a private oral communication unless all parties to that communication have consented. Thirty-eight states follow a one-party consent rule, where only one person in the conversation needs to agree. Florida is one of roughly 12 jurisdictions that demand consent from everyone being recorded.
Prosecutors allege Lisa asked to borrow Dr. Leonard Hochstein's Mercedes-Maybach between March 12 and March 31, 2023, during the couple's bitter divorce, and used that access to conceal a recording device in the driver's-seat floorboard. That sequence — borrowing a vehicle, installing hidden audio equipment, capturing conversations of the owner and passengers who had no idea they were being recorded — is a textbook violation of the statute. The charge is a third-degree felony carrying up to 5 years in prison and a $5,000 fine under Fla. Stat. § 775.082 and § 775.083.
Alongside the criminal exposure, Florida's civil wiretap statute, Fla. Stat. § 934.10, allows the recorded party to sue for actual damages, punitive damages, and attorney's fees — with a statutory minimum of $100 per day of violation or $1,000, whichever is higher. Dr. Hochstein could, in theory, pursue both a criminal conviction and a separate civil judgment arising from the same conduct.
How Florida Law Handles Recordings in Divorce Cases
Florida family courts treat illegally obtained recordings as both inadmissible and legally radioactive. Evidence captured in violation of Fla. Stat. § 934.03 cannot be used at trial, in depositions, or in any proceeding under Fla. Stat. § 934.06. A spouse who shows up to a dissolution hearing with a secret car recording does not gain leverage — they hand the other side a criminal referral.
The Florida Supreme Court reinforced this in State v. Smith, 641 So. 2d 849 (Fla. 1994), holding that a person has a reasonable expectation of privacy in conversations inside their own vehicle. That ruling closes the door on the common misconception that a car is a "semi-public" space where recording is fair game. It is not. A 2023 Mercedes-Maybach GLS 600 — or a 2005 Corolla — is treated as a private setting for wiretap purposes.
Florida also treats this conduct as relevant to custody and alimony determinations. Under Fla. Stat. § 61.13(3), courts weigh each parent's "moral fitness" and ability to foster a relationship with the other parent when setting a parenting plan. A felony wiretap charge tied to surveilling the co-parent lands squarely inside that analysis. Judges have broad discretion under Fla. Stat. § 61.08 to consider the parties' conduct when dividing marital assets and awarding alimony, and covert recording is the kind of misconduct that can move a judge's pen.
If you are worried your spouse is recording you, Florida law gives you tools. You can petition for an injunction under Fla. Stat. § 934.09, report the conduct to law enforcement, and raise it as a ground for attorney's-fee shifting under Fla. Stat. § 61.16, which allows courts to order one party to pay the other's fees based on financial resources and litigation misconduct.
Practical Takeaways for Florida Residents Going Through Divorce
- Do not record your spouse in Florida without written consent. Fla. Stat. § 934.03 requires all-party consent, and a violation is a third-degree felony — up to 5 years in prison and a $5,000 fine.
- Do not install tracking, audio, or video devices in a vehicle you do not solely own. Even jointly titled property does not give you the right to surveil the other driver's private conversations.
- Ignore online advice written for one-party consent states. Roughly 38 states allow one party to record, but Florida is not one of them. Generic advice from California, Texas, or New York is often wrong for Miami, Orlando, or Tampa.
- If you already recorded something, stop using it and tell your attorney immediately. Attempting to introduce illegal recordings at trial can trigger a criminal referral under Fla. Stat. § 934.03 and sanctions under Fla. Stat. § 61.16.
- If you suspect your spouse is recording you, sweep the car, have a professional inspect the vehicle, and document the discovery in writing. Florida's civil wiretap remedy under Fla. Stat. § 934.10 allows recovery of statutory damages of $100 per day or $1,000 minimum, plus attorney's fees.
- Get an injunction. Under Fla. Stat. § 934.09, a Florida court can order the interception to stop and require the return or destruction of any recordings.
Frequently Asked Questions
Is it illegal to record your spouse in Florida during a divorce?
Yes. Florida is a two-party consent state under Fla. Stat. § 934.03, meaning every participant in a private oral communication must consent to being recorded. Secretly recording a spouse — in the home, car, or by phone — is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
Can a secret recording be used as evidence in a Florida divorce case?
No. Under Fla. Stat. § 934.06, any recording obtained in violation of Florida's wiretap law is inadmissible in any trial, hearing, or deposition. Attempting to introduce it can expose the party offering the recording to criminal charges and, under Fla. Stat. § 61.16, attorney's-fee sanctions.
What are the penalties for illegal wiretapping in Florida in 2026?
A first-offense violation of Fla. Stat. § 934.03 is a third-degree felony carrying up to 5 years in prison and a $5,000 fine under Fla. Stat. § 775.082. The victim can separately sue under Fla. Stat. § 934.10 for actual damages, punitive damages, attorney's fees, and a statutory minimum of $1,000.
Does Florida allow one-party consent for recording phone calls?
No. Florida requires consent from all parties to a recorded phone call or in-person conversation, per Fla. Stat. § 934.03. Unlike the 38 states that follow federal one-party consent, Florida extends privacy protection to every participant, and violation remains a third-degree felony even for recordings made in a personal vehicle or home.
Can illegal recording affect a Florida custody or alimony decision?
Yes. Florida courts weigh "moral fitness" and conduct under Fla. Stat. § 61.13(3) when crafting parenting plans, and consider misconduct in alimony awards under Fla. Stat. § 61.08. A proven wiretap violation can reduce parenting time, shift attorney's fees under Fla. Stat. § 61.16, and damage credibility with the judge.
Talk to a Florida Family Law Attorney
If you are concerned about surveillance, recordings, or evidence issues in your Florida divorce, speak with a licensed Florida family law attorney before you act. An exclusive member firm in your county can review your facts and explain your options under Florida's wiretap and family law statutes.
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.