FAQ: Florida's Scanner Law

[EMTJD]

Many trips from Colorado to key west,pulled over no more than usual,yet not 1 time scanner was questioned about even WHILE tuned to Fla Leo channels,I asked and they don't give a ****,only if you use it commuting crimes

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That’s right!

 

[K4DPA]

Dawson, you are misreading the quoted law.

"“Any holder of a valid amateur radio operator or station license"

Is not the same thing as what you are thinking, which would be “Any holder of a valid amateur radio operator (license), or (other) station license"



The law refers to HAMS ONLY. No other license or station types.



It may not be written as clearly as it could be, but yeah, I'm pretty sure the grammar and syntax is actually correct and can have only the one meaning.

Sorry for the late response, I do apologize. However after reaching out to the state attorney’s office and asking several LEO’s on how they would approach this law, a GMRS license would be recognized under “station license”. I’m positive there are other state attorney’s and LEO’s that would read it the same as you. However, the final interpretation would be left up to the state Supreme Court not me or anybody else here.
On another note, I agree that it would be make more since and be less of a hassle if someone where to just get their amateur radio license rather than using their GMRS license under this law.


-Dawson Adams
K4DPA / WQPN413

 

[EMTJD]

Sorry for the late response, I do apologize. However after reaching out to the state attorney’s office and asking several LEO’s on how they would approach this law, a GMRS license would be recognized under “station license”. I’m positive there are other state attorney’s and LEO’s that would read it the same as you. However, the final interpretation would be left up to the state Supreme Court not me or anybody else here.
On another note, I agree that it would be make more since and be less of a hassle if someone where to just get their amateur radio license rather than using their GMRS license under this law.


-Dawson Adams
K4DPA / WQPN413

GMRS is NOT Amateur Radio. The laws are very specific.

 

[Citywide173]

I will admit that I did not read the entire thread, but from what I have read I am left with the question, what qualifies as media?

Credentialed news media working for an outlet?

Freelancers who sell regularly to media outlets?

"I have a website/facebook page called Okeechobee news?"

I sold a cell phone image to a TV station once?

 

[wtp]

i always say..."if you want to roll the dice, you take your chances"
the real answer would come from a judge, but i would not count on the last 2 of your post.
i did get my license mainly for this reason.

 

[JimD56]

Citywide173 you have a callsign in your signature. You are good to go. Just keep the license on you.

 

[AB5ID]

So if you control and stream your home scanner with a phone app, you're good?

 

[Citywide173]

Citywide173 you have a callsign in your signature. You are good to go. Just keep the license on you.

I also have a badge in my wallet, but my question was more pointed at the ambiguities that are present in the law when presented with current societal practices.

 

[Citywide173]

i always say..."if you want to roll the dice, you take your chances"
the real answer would come from a judge, but i would not count on the last 2 of your post.
i did get my license mainly for this reason.

The last one was pretty much facetious, but the third one could cause some questions. We have a guy in Boston with a Facebook page called "Live Boston" that covers and photographs more public safety spot news than all of the mainstream media outlets (TV and print) combined. He doesn't hold a press pass and doesn't sell his stuff to the media. It could make for some interesting reinterpretation if someone like this ended up in front of a judge.

 

[dmh77yy]

The last one was pretty much facetious, but the third one could cause some questions. We have a guy in Boston with a Facebook page called "Live Boston" that covers and photographs more public safety spot news than all of the mainstream media outlets (TV and print) combined. He doesn't hold a press pass and doesn't sell his stuff to the media. It could make for some interesting reinterpretation if someone like this ended up in front of a judge.

There are no local or state govt "press passes" or government issued media credentials in the state of Florida. There is also no case law specific to media and the FL scanner law.

I asked a deputy sheriff who lives 3 houses down from me about this law and he said he didnt remember that the law existed and once we started talking he said this law would likely be used if someone was committing crimes and had a police scanner. Its obviously not something most cops in FL are keen on. The only instance I could find of someone being charged under this law was the meth head who was transmitting on the Bay County TRS several years ago.

 

[batdude]

since this thread was resurrected - I'll offer that some of the discussion points in the thread have been addressed in the 2015 revision to the statute.

End of day, if you want to use a scanner in a vehicle in Florida (and you don't meet the other stipulations of the statute like LEO or "full time news media") ---- get your amateur radio license.

Trying to quote the statute on the side of the road typically will not end in your favor - and the old adage that it's impossible to be "un-arrested" or "un-booked" applies.

Florida 2015 revised statute: Chapter 843 Section 16 - 2015 Florida Statutes - The Florida Senate (flsenate.gov)