A secret recording of Republican presidential nominee Mitt Romney is being used against him by his political adversaries.
In the video, Romney writes off voters who don't pay income taxes and depend on the government for food, housing and health care.
But does the recording -- made at a private Boca Raton fundraiser in May -- violate state law? Florida has strict laws requiring all parties to consent before audio can be recorded.
Meanwhile, Romney is catching heat for the video captured by a hidden camera.
"There are 47 percent of people who will vote for the president no matter what," Romney said in the video posted by Mother Jones. "Alright, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them."
The recording was posted online by Mother Jones this week. The person who made the recording isn't being named.
"These are people who pay no income tax; 47 percent of Americans pay no income tax," Romney said.
The video recording is clearly legal, but Florida has strict laws about recording audio. It's illegal to record someone's voice without consent where there is an expectation of privacy.
Do Florida politicians expect privacy at closed-door events?
"I assume everything I say is public record," Gov. Rick Scott said.
Scott and Chief Financial Officer Jeff Atwater are both Romney supporters. Both say they're rarely off the record.
"If anyone of us believes that there is not a camera on or a recording device or a cellphone, you know you're living in yesterday," Atwater said. "I think everyone needs to be on game and on the same message all the time."
Even though Florida's law is stricter than most, it's rarely enforced. From 2001 through 2011, just 10 people were charged with making an illegal recording.
The state attorney in Palm Beach, where the recoding was made, said as of Tuesday, he hasn't received any complaints about the recording.
It's a third-degree felony to make an illegal recording.