RE: now it says fire
FYI, the latest amendment to FL Stat 843.16 (covering public safety personnel traveling to or from work) actually was inserted in 2008 (even though you were looking at the 2014) version of Florida Statutes.
As the current version of Fl Stat 843.16 referenced 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 either 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 the 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
