florida scanner law question

[coolpooler789]

Hi all

I just joined this site recently and I have a question about the scanner law in florida. I heard that you cant mount an antenna on your car. I have one of those mag-mount antennas and I just keep it inside the car, is that allowed? If it isnt I can still go back to the rubber duck antenna.

Thanks for any info

 

[W4KRR]

I've never heard about any laws against having antennas on you car. If that were illegal, I'd be on death row!

In Florida, it is, however, against the law to have a scanner mounted in a vehicle, unless you are in law enforcement, a news reporter, or have an amateur radio license.

Here is a link to the Florida law covering mobile scanners:

http://www.gars.net/scnlawfl.htm

 

[N4DES]

The Atty. General said that the word install to mean "attaching to the vehicle's power system" or utilizing an antenna monted to the vehicle. I'll see if I can find the statement made by the AG and post it as I have seen it in the SOF website.

I would say that having the antenna inside is ok unless your a ham or one of the other professions notes in the FSS.

 

[Thunderbolt]

I remember reading the Florida law around 20 years ago and it did not say that Amateur Radio Operators were exempt from the law. The state legislature must have admended the law to include Hams a while back, which is fine with me.


73's

Ron

 

[N4DES]

I remember reading the Florida law around 20 years ago and it did not say that Amateur Radio Operators were exempt from the law. The state legislature must have admended the law to include Hams a while back, which is fine with me.


73's

Ron

They did, look at the link 3 posts up.

Mark

 

[coolpooler789]

Thanks for the info everyone, appriciate it.

 

[ElroyJetson]

It must have been amended to include amateurs at LEAST fifteen years ago.

The interpretation of the phrase "amateur radio OR station license issued by the Federal Communications Commission" is key. The interpretation that's been used most is that it means an amateur license qualifies you and so would any station license issued by the FCC, whether amateur or not.

The other interpretation is one that means "amateur radio license or amateur radio station license" but that more restrictive interpretation is not in the spirit of the rest of the statute and is likely to be rejected in favor of the more liberal interpretation.


Elroy

 

[als365]

The law about having to be a cop or news reporter or HAM is true. Also you may have a scanner in your car if you are any public safety person (police, fire, ems) or red cross.

 

[windows]

I have read that having a ham license will allow you to drive with a scanner, but some states require that your license is above a Novice license for that allowance. I would like to get clarification on this...
Paul

 

[radio]

RE: Florida Scanner Laws

I don't know what exactly they were but I was in Tampa during spring break with my scanners operating inside the car. I had two scanner antennas plus my CB antenna on my car and was never hassled by any law enforcement in any part of Florida.

 

[N2QCE]

Key word is...

Hi all,

I am a retired Police Officer from New York. Up there the key word was installed. If the radio was lying on the dash it was okay.

In Florida the law reads, "No person, firm, or corporation shall install in any motor vehicle or business establishment, except..." I think the same applies here, too. If it's lying on the dash it should be okay.

THIS IS JUST MY OPINION, I AM NOT A LAWYER!!

 

[EMS12]

This site will get you all the information you need. http://www.afn.org/~afn09444/scanlaws/

The Atorney General for the state of Fl wrote his opinion on the law and how it is understood.

You can find that here http://www.afn.org/~afn09444/scanlaws/laws/scanner/opinion.html

Many do not understand why Amature Radio Operaters are exempt. The main reason is that if it's against the law to install radios capable of recieving public service frequencies. Then every amature radio sold that can recieve 800mhz would be against the law. That is a lot of radios. The exemption is a federal exemption and superceeds state laws.

That is how it was explained to me. A note of clarification here the Federal exemption is for mobile type accepted ham radios and not external "scanners". I am not sure why hams are exempt from this type of install.

 

[K5MAR]

A note of clarification here the Federal exemption is for mobile type accepted ham radios and not external "scanners". I am not sure why hams are exempt from this type of install.

I suspect it's that way simply because it's easier to write the law giving "blanket" exemption to amateurs than to attempt to define acceptable vs. non-acceptable radio equipment. Especially these days where many 2m/70cm ham radios are as much scanners as they are 2-way radios. I have a slick little Yaesu VX2R HT that works extremely well as a public safety scanner, which is what I use it for much more than for it's 2-way capabilities.

I wouldn't be surprised to see Icom, Kenwood, or Yaesu market a trunking public safety receiver (APCO 25)/dual or triple band amateur transciever in the next couple of years.

Mark S.

 

[EMS12]

I wouldn't be surprised to see Icom, Kenwood, or Yaesu market a trunking public safety receiver (APCO 25)/dual or triple band amateur transciever in the next couple of years.

I would like to see that. I have a mobile scanner installed in my truck along with my mobile ham radio. I carry a copy of the scanner law and the opinion of the Atorney General in my truck.

At the very least I can show this to the officer who questions the "radio stuff" in the truck.

 

[neonhomer]

Years ago, I used to have a 16 channel Bearcat mounted in my truck when I was a paper carrier. (Also had a CB radio w/ a 1200w amp. BIG antenna for the CB and another for the scanner.) I had it tuned to the WX freq for my area, plus a few security freqs for the neighborhoods I delivered in. I was not technically a member of the press, but I was told by a few officers who stopeed me that since I dealt with the delivery, I was technically a member of the press....

Fast forward 7 years, and I have a PRO-95 handheld, and it sits on my dash or clips to my Nextel HardMount cradle. I still have a CB antenna on my car, and getting ready to buy an antenna for the scanner.

I guess it's the officer's descretion. If they dont know the rule, they wont say anything.

Then again, when you get pulled over, TURN THE SCANNER OFF!

 

[tmcmath]

Scanner Laws

I successively challanged the law in CT. about 8 years ago. The federal (FCC) laws clearly state that as a citizen of the U.S., you have the right to monitor any transmissions over the airwaves. You may not discuss what you hear but, you can listen. Just a reminder, Federal Laws ALWAYS take precidence over state and local laws. After the charges were dropped in CT. The couldn't locate the scanner they took. I got a nice replacement courtesy of the CT. State Police.

 

[crayon]

Re: Scanner Laws

I successively challanged the law in CT. about 8 years ago.

Can you provide the case and/or docket numbers and which court(s) this was in. I would like to read about it.

 

[MichaelN]

Years ago I was issued a "Restricted Radio Telephone Operators" license. You were required to have one to operate CB radios. Does anyone know if this qualifies as an "Amatuer Radio Operators" license for the purpose of the scanning laws?

Thanks,
Mike

 

[Metrofire31]

Florida Scanner Laws

I recently returned from the beach in the Florida panhandle and was in my car which has a BC396T/RH96 and a Yaesu 7800 installed. On the roof-top I have an antenna for each installed. At no time during my trip was I stopped nor did anyone say anything about the scanner and/or radio. My advice is to not spped or otherwise violate the traffic laws. Then, if you are stopped, turn off the scanner.

 

[N_Jay]

Years ago I was issued a "Restricted Radio Operators" license. You were required to have one to operate CB radios.

I think you may be wrong.
You did need it for Broadcast, Marine, and Aviation radio, but I don't ever recall needing it for CB.

Does anyone know if this qualifies as an "Amateur Radio Operators" license for the purpose of the scanning laws?

I would think not, since it is not " valid amateur radio operator or station license issued by the Federal Communications Commission"