Lisa Hochstein, 43, turned herself in to Miami-Dade authorities on April 15, 2026 to face one felony count of unlawfully intercepting oral communications under Fla. Stat. § 934.03, accused of hiding a recorder in ex-husband Leonard Hochstein's home in December 2022. The charge matters for every Florida resident in a contested divorce: Florida is a two-party consent state, and secretly recording a spouse is a third-degree felony punishable by up to 5 years in prison — even inside a shared marital home.
Key Facts
| Item | Detail |
|---|---|
| What happened | Lisa Hochstein surrendered on a felony wiretap charge |
| When | April 15, 2026 (alleged conduct: December 2022) |
| Where | Miami-Dade County, Florida |
| Who's affected | Lisa Hochstein; ex-husband Leonard 'Lenny' Hochstein and his surgical patients |
| Charge | One count of unlawful interception of oral communications, Fla. Stat. § 934.03 |
| Source | NBC News, April 15, 2026 |
According to NBC News, the arrest warrant alleges Lisa and boyfriend Jody Glidden installed a hidden recording device in the Hochstein residence without Lenny's knowledge. Amazon purchase records cited in the warrant show Glidden bought two identical recorders in December 2022. Lisa was released on her own recognizance. The couple separated in 2022 after 13 years of marriage and finalized their divorce in 2024.
Why This Matters Legally
Florida's wiretap statute is one of the strictest in the country, and it applies inside the marital home. Under Fla. Stat. § 934.03, it is a third-degree felony to intentionally intercept any oral communication when the speaker has a reasonable expectation of privacy — and Florida courts have repeatedly held that a homeowner speaking inside their own residence has that expectation, even when the recording device is planted by a spouse.
A third-degree felony in Florida carries a maximum penalty of 5 years in prison and a $5,000 fine under Fla. Stat. § 775.082 and § 775.083. The same statute creates civil liability: the victim can sue for statutory damages of $100 per day of violation or $1,000, whichever is higher, plus attorneys' fees under Fla. Stat. § 934.10.
The patient angle adds legal weight. Lenny Hochstein is a plastic surgeon, and if patient consultations were captured, each patient may be a separate aggrieved party with independent civil claims and potential HIPAA implications for any medical information inadvertently recorded.
How Florida Law Handles This
Florida requires two-party consent (technically all-party consent) for recording any oral communication. This rule is codified at Fla. Stat. § 934.03(2)(d), and it is the single most important recording rule for Florida spouses to understand.
A few specifics that catch people off guard during divorce:
- Recording your spouse's phone calls on a home line without their consent violates Fla. Stat. § 934.03, even if you are the subscriber.
- Hidden cameras that capture audio fall under the wiretap statute. Video-only cameras are treated differently under Fla. Stat. § 810.145 (video voyeurism), but the moment audio is captured, § 934.03 applies.
- Illegally recorded audio is inadmissible in Florida family court under Fla. Stat. § 934.06. It cannot be used as evidence of adultery, parental unfitness, or financial misconduct.
- The marital relationship does not create an exception. Florida courts rejected the federal 'interspousal wiretap' exception decades ago.
- Recording a minor child's conversations with the other parent is also restricted. Florida courts have sanctioned parents who place recording devices on children to capture the other parent.
Compare this to states like New York, California, or the federal wiretap act under 18 U.S.C. § 2511, which use one-party consent. A Florida spouse cannot rely on those rules even if the recording happened during a trip out of state, because the speaker's location typically controls.
Practical Takeaways for Florida Residents
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Never record your spouse without written consent. If you believe your spouse is hiding assets, having an affair, or endangering the children, hire a licensed Florida private investigator and document concerns through admissible channels — text messages, emails, financial records, and sworn testimony.
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Remove any recording devices immediately if they exist in your home. Continuing to record after consulting an attorney transforms a past mistake into an ongoing felony.
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Do not share, post, or forward any recording you believe was illegally made. Under Fla. Stat. § 934.03(1)(c), disclosing an illegally intercepted communication is a separate offense.
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Tell your divorce attorney the truth about any recordings that exist. Attorney-client privilege protects that disclosure, and your attorney can advise you how to handle the recording without creating additional criminal exposure.
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If you suspect you were recorded, preserve the device, photograph its location, and report it to law enforcement before confronting your spouse. A forensic chain of custody strengthens both the criminal case and any civil damages claim under Fla. Stat. § 934.10.
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Check your vehicles, home offices, children's toys, and smart speakers. Modern wiretap cases frequently involve Wi-Fi cameras, AirTags, and voice-activated recorders — not the spy-movie equipment of a decade ago.
Frequently Asked Questions
Can I record my spouse in Florida if I'm trying to prove adultery?
No. Florida's two-party consent rule under Fla. Stat. § 934.03 applies regardless of motive. Recording a spouse without consent is a third-degree felony punishable by up to 5 years in prison, and the recording is inadmissible in divorce proceedings under Fla. Stat. § 934.06. Florida courts rejected the interspousal exception in 1974.
Is an illegally recorded conversation admissible in a Florida divorce case?
No. Under Fla. Stat. § 934.06, any oral communication intercepted in violation of Chapter 934 cannot be received in evidence in any trial, hearing, or proceeding in Florida courts. This includes family court hearings on alimony, equitable distribution, and parenting plans governed by Fla. Stat. § 61.13.
What's the penalty for violating Florida's wiretap law?
A first violation is a third-degree felony carrying up to 5 years in prison and a $5,000 fine under Fla. Stat. § 775.082. Victims can also sue for civil damages of $100 per day or $1,000 minimum, plus punitive damages and attorneys' fees under Fla. Stat. § 934.10. Each patient or third party recorded may be a separate claimant.
Can I record my own phone call with my spouse in Florida?
Only with the other party's knowledge. Florida's two-party consent rule under Fla. Stat. § 934.03 requires all parties to consent, even on your own device. Recording a phone call with your spouse without their knowledge is a third-degree felony — distinct from one-party-consent states like New York or the federal standard under 18 U.S.C. § 2511.
Does Florida's wiretap law cover hidden cameras in the marital home?
Yes, if the camera captures audio. Video-only surveillance is governed separately by Fla. Stat. § 810.145 (video voyeurism), but any device capturing oral communications triggers Fla. Stat. § 934.03. Nanny cams, smart doorbells, and Wi-Fi security cameras with microphones all fall under the statute's 5-year felony penalty.
Bottom Line
If you are going through a Florida divorce and you have questions about recordings, surveillance, or evidence collection, talk to a family law attorney before you act. A ten-second decision to hit record can become a five-year felony. Use the divorce.law Florida directory to find an attorney in your county.
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.