The law in FL regarding scanners in cars says they can't be installed in cars. Does this mean you can have a handheld scanner in the car, as long as it's not installed? Or do you have to have a ham radio license to have a radio in your car at all?
Mobile Scanner Law?
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n4yek
Member
It says it's unlawful to have it installed or transport radio equipment that can receive those freqs. Best to get you a ham radio license if you want to have one in your car, and then you can enjoy what the ham radio hobby offer along with having a scanner in your car.
rapidcharger
Member
How could you miss it??? It's in the title!
Code:
843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.—
(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.It begs the question though, in areas where law enforcement is no longer using analog, could you then use an analog scanner?
cpetraglia
Member
What about Virginia?
N1XDS
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From the way I understand it by a Sheriff officer she says its legal to own one in your house and in vehicle. It's illegal to use the scanner in attempt of a crime.
The Scanner Laws subpage will be of use to people like amateur radio operators ("hams"), public service officials (police, fire, EMS, etc.), travelling news reporters, NWS-SKYWARN weather spotters, and other people who are often mobile and who may cross state lines in their travels, and who like to (or must) use a scanner in order to know what is going on around them. [NOTE: Hams using transceivers capable of monitoring public service frequencies outside of the ham bands should be aware of the existence of P.R. 91-36. This document has been out for ten years and yet, not many hams are even aware of it's existence. It is a FEDERAL-level preemption of lower-level state and local laws which regulate the reception of public service frequencies. In most cases, hams are exempted in the laws; but not always. This document makes your OOB-capable mobile transceivers legal everywhere in the U.S. It is a Memorandum, Opinion and ORDER, and it carries the same level of authority as actual law, and it must be obeyed. Note that PR 91-36 does NOT cover the use of external or portable scanners; only OOB-capable transceivers. See the "U.S. Federal Laws" subpage for more.]
The Scanner Laws subpage will be of use to people like amateur radio operators ("hams"), public service officials (police, fire, EMS, etc.), travelling news reporters, NWS-SKYWARN weather spotters, and other people who are often mobile and who may cross state lines in their travels, and who like to (or must) use a scanner in order to know what is going on around them. [NOTE: Hams using transceivers capable of monitoring public service frequencies outside of the ham bands should be aware of the existence of P.R. 91-36. This document has been out for ten years and yet, not many hams are even aware of it's existence. It is a FEDERAL-level preemption of lower-level state and local laws which regulate the reception of public service frequencies. In most cases, hams are exempted in the laws; but not always. This document makes your OOB-capable mobile transceivers legal everywhere in the U.S. It is a Memorandum, Opinion and ORDER, and it carries the same level of authority as actual law, and it must be obeyed. Note that PR 91-36 does NOT cover the use of external or portable scanners; only OOB-capable transceivers. See the "U.S. Federal Laws" subpage for more.]
traffic27fl
Member
RE: Mobile Scanner Law
See excerpt from a previous post I wrote a few years ago. This version of 843.16 is from before the 2008 amendment covering public safety personnel travelling to or from work :
Ch 843.16, FS
"A person, firm, or corporation may not install or transport in any motor
vehicle or business establishment, except an emergency vehicle or crime watch
vehicle as herein defined or a place established by municipal, county, state,
or federal authority for governmental purposes, any frequency modulation radio
receiving equipment so adjusted or tuned as to receive messages or signals on
frequencies assigned by the Federal Communications Commission to police or law
enforcement officers or fire rescue personnel of any city or county of the state
or to the state or any of its agencies. Provided, nothing herein shall be
construed to affect any radio station licensed by the Federal Communications
System or to affect any recognized newspaper or news publication engaged in
covering the news on a full-time basis or any alarm system contractor certified
pursuant to part II of chapter 489, operating a central monitoring system."
As the excerpt from Fl Stat 843.16 above states, unless you are covered by the exceptions listed, it is a misdemeanor to possess, never mind listen to, a radio capable of receiving a police or fire frequency in an automobile or a place of business. What exemptions there are from this statute are very limited. For example, when I was in public safety in Florida in the 2000's I sat down with Betty Reed (a state rep in Tampa) to try to get public safety personnel a general exemption since there was no mention in the statute giving such. She tried to get a blanket exemption but could only get an exemption for going to or from work.
For additional interpretation on this issue see the July 21, 1989 excerpts below from then Florida Attorney General Bob Butterworth to Boca Raton Police Chief Peter Petracco:
"The statute recognizes several exceptions. Emergency vehicles[3] and crime watch vehicles[4] are expressly excluded from the statute.[5] Places established by the state, county, municipal or federal government for governmental purposes are also exempted.[6]
"Section 843.16, F.S., provides that nothing contained therein shall be construed to affect any radio station licensed by the Federal Communications System.[7] This office has stated that this exemption applies to television stations as well as to radio stations.[8] In addition, holders of valid amateur radio operator or station licenses issued by the Federal Communications Commission are expressly exempted from the terms of the statute.[9]
Accordingly, I am of the opinion that if such radio equipment is installed in a non-emergency or non-crime watch motor vehicle or in a business establishment which is not a place established by municipal, county, state or federal authorities for governmental purposes, the installation by a person other than a radio or television station or holder of a valid amateur radio operator or station license issued by the Federal Communications Commission, violates s. 843.16, F.S"
Sincerely,
Robert A. Butterworth
Attorney General
See excerpt from a previous post I wrote a few years ago. This version of 843.16 is from before the 2008 amendment covering public safety personnel travelling to or from work :
Ch 843.16, FS
"A person, firm, or corporation may not install or transport in any motor
vehicle or business establishment, except an emergency vehicle or crime watch
vehicle as herein defined or a place established by municipal, county, state,
or federal authority for governmental purposes, any frequency modulation radio
receiving equipment so adjusted or tuned as to receive messages or signals on
frequencies assigned by the Federal Communications Commission to police or law
enforcement officers or fire rescue personnel of any city or county of the state
or to the state or any of its agencies. Provided, nothing herein shall be
construed to affect any radio station licensed by the Federal Communications
System or to affect any recognized newspaper or news publication engaged in
covering the news on a full-time basis or any alarm system contractor certified
pursuant to part II of chapter 489, operating a central monitoring system."
As the excerpt from Fl Stat 843.16 above states, unless you are covered by the exceptions listed, it is a misdemeanor to possess, never mind listen to, a radio capable of receiving a police or fire frequency in an automobile or a place of business. What exemptions there are from this statute are very limited. For example, when I was in public safety in Florida in the 2000's I sat down with Betty Reed (a state rep in Tampa) to try to get public safety personnel a general exemption since there was no mention in the statute giving such. She tried to get a blanket exemption but could only get an exemption for going to or from work.
For additional interpretation on this issue see the July 21, 1989 excerpts below from then Florida Attorney General Bob Butterworth to Boca Raton Police Chief Peter Petracco:
"The statute recognizes several exceptions. Emergency vehicles[3] and crime watch vehicles[4] are expressly excluded from the statute.[5] Places established by the state, county, municipal or federal government for governmental purposes are also exempted.[6]
"Section 843.16, F.S., provides that nothing contained therein shall be construed to affect any radio station licensed by the Federal Communications System.[7] This office has stated that this exemption applies to television stations as well as to radio stations.[8] In addition, holders of valid amateur radio operator or station licenses issued by the Federal Communications Commission are expressly exempted from the terms of the statute.[9]
Accordingly, I am of the opinion that if such radio equipment is installed in a non-emergency or non-crime watch motor vehicle or in a business establishment which is not a place established by municipal, county, state or federal authorities for governmental purposes, the installation by a person other than a radio or television station or holder of a valid amateur radio operator or station license issued by the Federal Communications Commission, violates s. 843.16, F.S"
Sincerely,
Robert A. Butterworth
Attorney General
n4yek
Member
This is the latest version from the Florida statute:
Statutes & Constitution :View Statutes : Online Sunshine
Statutes & Constitution :View Statutes : Online Sunshine
AZScanner
Member
The way that law is written, you could also be arrested just for listening to a scanner app in the car. :roll:
I'd love to know what this law was intended to prevent. It's just as asinine as gun control laws, which only affect law abiding citizens -the criminals they were trying to thwart with this nonsense don't follow these laws anyway, that's why they are criminals.
-AZ
I'd love to know what this law was intended to prevent. It's just as asinine as gun control laws, which only affect law abiding citizens -the criminals they were trying to thwart with this nonsense don't follow these laws anyway, that's why they are criminals.
-AZ
Please check the following RR Wiki page for more details: Travel Reference (VA)#Scanning/CB Laws
Hope this helps,
n5ims
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- 3,993
Remember that the ham radio exemption is generally written so it's up to discussion on what exactly is exempt. A ham radio that has extended receive is pretty much guaranteed to be exempt. A scanner carried by a ham may or may not be exempt depending on the officer (perhaps based on how the ham handles himself during the stop) and/or the court handling the case.
It may also be part of the application of the exemption what is programmed into the scanner. If it only has PD frequencies, you may not have much to stand on when attempting to claim it's part of your ham station. If it has ham frequencies programmed in (and clearly able to receive the signals, not just programmed in and locked out), you're probably in better stead for the exemption.
It may also be part of the application of the exemption what is programmed into the scanner. If it only has PD frequencies, you may not have much to stand on when attempting to claim it's part of your ham station. If it has ham frequencies programmed in (and clearly able to receive the signals, not just programmed in and locked out), you're probably in better stead for the exemption.
traffic27fl
Member
RE: Mobile Scanner Law,( Part 2)
Text below is taken from current version of Florida Statute 843.16. It is unambiguous that Amateur Radio operators, among the others listed in Ch 3 (a through e) are exempt from the entire statute.
(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
(b) Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
(c) Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.
(d) Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work.
(e) An employee of a government agency that holds a valid Federal Communications Commission station license or that has a valid agreement or contract allowing access to another agency’s radio station.
Text below is taken from current version of Florida Statute 843.16. It is unambiguous that Amateur Radio operators, among the others listed in Ch 3 (a through e) are exempt from the entire statute.
(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
(b) Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
(c) Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.
(d) Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work.
(e) An employee of a government agency that holds a valid Federal Communications Commission station license or that has a valid agreement or contract allowing access to another agency’s radio station.
Do you REALLY want to use the defense "well, so-n-so told me it's legal" while they are hauling your scanner away to be disposed of?
It's illegal - period. There are exemptions, but as stated above they only will carry so much weight.
If you want to install or transport one in your car, fight to get the law repealed.
The way it's written, it's illegal for UPS/USPS to deliver a scanner in FL.
JoeyC
Senior Member
The way its written, its illegal when "[SIZE=-1]so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers..."
[/SIZE][SIZE=-1]Not illegal when not programmed or programmed to non law or non fire services.
This law is a law of convenience, available to supplement other charges when necessary. I doubt FHP is setting up roadblocks and/or pulling people over suspected of having a scanner in vehicle.
[/SIZE]
[/SIZE][SIZE=-1]Not illegal when not programmed or programmed to non law or non fire services.
This law is a law of convenience, available to supplement other charges when necessary. I doubt FHP is setting up roadblocks and/or pulling people over suspected of having a scanner in vehicle.
[/SIZE]
JoeyC
Senior Member
Well, when put to the task of defending yourself to a court, you must nit pick - not generalize.
You could always program your fire/police programmed scanner with a bank or list of aviation frequencies and have that enabled during your traffic stop or whatever the confrontation with the law man was about the scanner. I am thinking "so adjusted or tuned" is the wrong language when talking about frequencies programmed into a scanner that aren't active.
You could always program your fire/police programmed scanner with a bank or list of aviation frequencies and have that enabled during your traffic stop or whatever the confrontation with the law man was about the scanner. I am thinking "so adjusted or tuned" is the wrong language when talking about frequencies programmed into a scanner that aren't active.
That's what happens when you have non-techs writing technical laws.
And yes, almost every case is won or lost on technicalities (or nits).
I read of a case in the 90's where a wreckless driving ticket was thrown out because the officer was not on scene of a preexisting emergency, thus should not have been at the location to witness the infraction when it occurred. Talk about a nit the size of a horse!
Oh, and now that is part of established case law, so it's effectively part of the law.
And yes, almost every case is won or lost on technicalities (or nits).
I read of a case in the 90's where a wreckless driving ticket was thrown out because the officer was not on scene of a preexisting emergency, thus should not have been at the location to witness the infraction when it occurred. Talk about a nit the size of a horse!
Oh, and now that is part of established case law, so it's effectively part of the law.
JoeyC
Senior Member
Well like I said above. I believe the law was written to add extra weight to other charges that may be filed. But what do I know...
I doubt most officers give a crap about the casual scanner listener with a scanner in his possession. However should you be prowling around in the dead of night with burglary tools or doing other suspicious activities, then that's another story.
I doubt most officers give a crap about the casual scanner listener with a scanner in his possession. However should you be prowling around in the dead of night with burglary tools or doing other suspicious activities, then that's another story.
S
SARCommCoord
Guest
Everyone is an arm chair lawyer until they end up in court, then they start begging for a real lawyer. I personally know of a few cases in which an individual was arrested and charged with possession of a radio capable of receiving LE frequencies. One such case in Ocala involves an individual who told some people he worked for the SO. When officers pulled him over, he had a scanner tuned to Ocala PD, lights and a siren.
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