New (revised) FL scanner law & new Scanner Law Yahoo Grp

[Voyager]

There is a ham exemption, at least, but FL seems to have rewritten their
scanner law.

Better hope your UPS man has a ham license or your new preprogrammed
scanner may not arrive! (I know - that's a little far fetched, but by the letter of the law, he may be in violation.)

Alternative email discussion group:
http://groups.yahoo.com/group/ScannerLaws/
(not restricted to just Florida laws - good for discussion of any state or municipality)

Joe M.
____________________________________________________


Don wrote:
Just saw this and Thought I would Post it

Happy Scanning Don KA9QJG

New restrictive Florida scanner law


3700 Section 95. Section 843.16, Florida Statutes, is amended
3701 to read:
3702 843.16 Unlawful to install or transport radio equipment
3703 using assigned frequency of state or law enforcement officers;
3704 definitions; exceptions; penalties.--
3705 (1) A No person, firm, or corporation may not shall
3706 install or transport in any motor vehicle or business
3707 establishment, except an emergency vehicle or crime watch
3708 vehicle as herein defined or a place established by municipal,
3709 county, state, or federal authority for governmental purposes,
3710 any frequency modulation radio receiving equipment so adjusted
3711 or tuned as to receive messages or signals on frequencies
3712 assigned by the Federal Communications Commission to police or
3713 law enforcement officers or fire rescue personnel of any city or
3714 county of the state or to the state or any of its agencies.
3715 Provided, nothing herein shall be construed to affect any radio
3716 station licensed by the Federal Communications System or to
3717 affect any recognized newspaper or news publication engaged in
3718 covering the news on a full-time basis or any alarm system
3719 contractor certified pursuant to part II of chapter 489,
3720 operating a central monitoring system.
3721 (2) As used in this section, the term:
3722 (a) "Emergency vehicle" shall specifically mean:
3723 1. Any motor vehicle used by any law enforcement officer
3724 or employee of any city, any county, the state, the Federal
3725 Bureau of Investigation, or the Armed Forces of the United
3726 States while on official business;
3727 2. Any fire department vehicle of any city or county of
3728 the state or any state fire department vehicle;
3729 3. Any motor vehicle designated as an emergency vehicle by
3730 the Department of Highway Safety and Motor Vehicles when said
3731 vehicle is to be assigned the use of frequencies assigned to the
3732 state;
3733 4. Any motor vehicle designated as an emergency vehicle by
3734 the sheriff or fire chief of any county in the state when said
3735 vehicle is to be assigned the use of frequencies assigned to the
3736 said county;
3737 5. Any motor vehicle designated as an emergency vehicle by
3738 the chief of police or fire chief of any city in the state when
3739 said vehicle is to be assigned the use of frequencies assigned
3740 to the said city.
3741 (b) "Crime watch vehicle" means any motor vehicle used by
3742 any person participating in a citizen crime watch or
3743 neighborhood watch program when such program and use are
3744 approved in writing by the appropriate sheriff or chief of
3745 police where the vehicle will be used and the vehicle is
3746 assigned the use of frequencies assigned to the county or city.
3747 Such approval shall be renewed annually.
3748 (3) This section shall not apply to any holder of a valid
3749 amateur radio operator or station license issued by the Federal
3750 Communications Commission or to any recognized newspaper or news
3751 publication engaged in covering the news on a full-time basis or
3752 any alarm system contractor certified pursuant to part II of
3753 chapter 489, operating a central monitoring system.
3754 (4) Any person, firm, or corporation violating any of the
3755 provisions of this section commits shall be deemed guilty of a
3756 misdemeanor of the first second degree, punishable as provided
3757 in s. 775.082 or s. 775.083.
3758 Section 96. Short title.--This section may be cited as the
3759 "Dori Slosberg Act of 2005."

 

[WX5JCH]

That's just silly... :roll:

 

[MacombMonitor]

This shouldn't be too hard to cover:

3741 (b) "Crime watch vehicle" means any motor vehicle used by
3742 any person participating in a citizen crime watch or
3743 neighborhood watch program when such program and use are
3744 approved in writing by the appropriate sheriff or chief of
3745 police where the vehicle will be used and the vehicle is
3746 assigned the use of frequencies assigned to the county or city.
3747 Such approval shall be renewed annually.

 

[AndrewC75]

I don't know how the old law read, or what case law exists, but I see this slightly different:

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.

The statute doesn't say anything about a radio being capable of receiving these frequencies, or even being programmed with these frequencies. If I have public safety frequencies programmed into my scanner, but not actively being scanned or monitored, then my scanner has neither been adjusted nor tuned to receive PS messages on these frequencies. I think it can be interpreted as only applying to radios that are actively tuned to public safety frequencies.

Example:
I have 10 banks on my sanner. Banks 1-5 contain PS frequencies. Banks 6-10 contain weather, amateur, aviation, and commercial frequencies. When Mr. Police Officer inspects my scanner, only banks 6 (amateur) and 8 (aviation) are active. Have I violated the law by installing or transporting "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."? I think it can be argued that I have not.

Like I said - I don't know how the old law read.

 

[Al42]

I don't know how the old law read, or what case law exists, but I see this slightly different:

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.

The statute doesn't say anything about a radio being capable of receiving these frequencies, or even being programmed with these frequencies.

I think "so adjusted or tuned as to receive messages or signals" covers it. "Adjusted" covers "programmed".

 

[AndrewC75]

I would still disagree. If I have public safety frequencies programmed into my scanner, it will not receive those frequencies until I have "adjusted" it to scan those frequencies, or "tuned" it to a particular frequency.

 

[n4voxgill]

I would still disagree. If I have public safety frequencies programmed into my scanner, it will not receive those frequencies until I have "adjusted" it to scan those frequencies, or "tuned" it to a particular frequency.

the law states "as to receive", so if your scanner is programed with any public safety frequency it is set as to receive whether it is on or not.

Just get a ham tech license and end the problems.

 

[DonS]

Interesting...

Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System

What about my licensed GMRS mobile station? How about if I had a radio that would transmit and receive on GMRS frequencies, but would also receive public safety (assuming such a device had been authorized by the FCC, so it meets the GMRS equipment requirements and can therefore be a "unit" in a "station")?

(I realize that a specific exception is made later for licensed amateur operators, but the text above, at the beginning of the statute, seems to include all FCC-licensed radio stations - which would include GMRS.)

 

[N_Jay]

Interesting...

Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System

What about my licensed GMRS mobile station? How about if I had a radio that would transmit and receive on GMRS frequencies, but would also receive public safety (assuming such a device had been authorized by the FCC, so it meets the GMRS equipment requirements and can therefore be a "unit" in a "station")?

(I realize that a specific exception is made later for licensed amateur operators, but the text above, at the beginning of the statute, seems to include all FCC-licensed radio stations - which would include GMRS.)

Hmm, seems you have proved teh point.

Not only isd this a stupid law in concept, but it is also a stupid law as written

Better yet, there is nothing that says that you can not use your scanner as the recieve side of yoir licensed GMRS station.

 

[DonS]

I don't know how the old law read, or what case law exists, but I see this slightly different:

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.

That part is essentially the same as it used to be (except the old statute didn't mention fire).

What really changed was: the old statute said "No person, firm, or corporation shall install in any motor vehicle or business establishment". The new statute says "A person, firm, or corporation may not install or transport in any motor vehicle or business establishment". Previously, a scanner that wasn't hooked up to the vehicle's power (i.e. a handheld) was legal. Now it's not.

 

[DonS]

Interesting...

Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System

What about my licensed GMRS mobile station? How about if I had a radio that would transmit and receive on GMRS frequencies, but would also receive public safety (assuming such a device had been authorized by the FCC, so it meets the GMRS equipment requirements and can therefore be a "unit" in a "station")?

(I realize that a specific exception is made later for licensed amateur operators, but the text above, at the beginning of the statute, seems to include all FCC-licensed radio stations - which would include GMRS.)

Hmm, seems you have proved teh point.

Not only isd this a stupid law in concept, but it is also a stupid law as written

Better yet, there is nothing that says that you can not use your scanner as the recieve side of yoir licensed GMRS station.

Unfortunately, in reading Part 95, I don't see anything that defines a GMRS "station" as having a receiver. It could probably be argued that receive-only devices aren't part of a GMRS station - that is, the only equipment that's part of the licensed GMRS station is the transmitter (which is why I combined the GMRS transmitter and the public safety receiver above).

 

[n4voxgill]

section 1 is where the word station license is used. section 2 defines what a station license is, and the only definition is amateur radio station license. no other license will change the definition.

 

[DonS]

section 1 is where the word station license is used. section 2 defines what a station license is, and the only definition is amateur radio station license. no other license will change the definition.

Which text in section 2 defines a station license? I only see section 2 defining the terms ""Emergency vehicle" and "Crime watch vehicle".

Section 1 says any licensed radio station is unaffected. Section 3 goes on to say that the section does not apply to licensed amateur radio operators. Section 1 doesn't say "only amateur radio", nor does section 3 say that its amateur radio exemption limits the "licensed radio station" exemption in section 1.

Analogy:
(1) Red-haired people are exempt.
(2) Tall, red-haired people are exempt.
Because of (1), and not limited by (2), short red-haired people are exempt.

(Incidentally - an opinion letter from the FL Attorney General, in reference to the old version of the statute, said that the "licensed radio station" exemption applied to "radio and television stations" - neither of which would generally be a licensed amateur radio station. He did not further define the term "radio station", so a licensed GMRS station, with proper equipment, should be included. The text to which he was referring has not changed in the updated statute.)

 

[N_Jay]

Interesting...

Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System

What about my licensed GMRS mobile station? How about if I had a radio that would transmit and receive on GMRS frequencies, but would also receive public safety (assuming such a device had been authorized by the FCC, so it meets the GMRS equipment requirements and can therefore be a "unit" in a "station")?

(I realize that a specific exception is made later for licensed amateur operators, but the text above, at the beginning of the statute, seems to include all FCC-licensed radio stations - which would include GMRS.)

Hmm, seems you have proved teh point.

Not only isd this a stupid law in concept, but it is also a stupid law as written

Better yet, there is nothing that says that you can not use your scanner as the recieve side of yoir licensed GMRS station.

Unfortunately, in reading Part 95, I don't see anything that defines a GMRS "station" as having a receiver. It could probably be argued that receive-only devices aren't part of a GMRS station - that is, the only equipment that's part of the licensed GMRS station is the transmitter (which is why I combined the GMRS transmitter and the public safety receiver above).

I can't find an FCC Definition for "Station" at all!

 

[DonS]

I can't find an FCC Definition for "Station" at all!

I was inferring the definition from several parts:

Sec. 95.21 GMRS system description.

A GMRS system is one or more transmitting units used by station
operators to communicate messages. A GMRS system is comprised of:
(a) One or more station operators;
(b) One mobile station consisting of one or more mobile units (see
Sec. 95.23 of this part);
(c) One or more land stations (optional);
(d) Paging receivers (optional); and
(e) Fixed stations (optional).

Sec. 95.23 Mobile station description.

(a) A mobile station is one or more units which transmit while
moving or during temporary stops at unspecified points.
(b) A mobile station unit may transmit from any point within or over
any areas where radio services are regulated by the FCC except where
additional considerations apply.
(c) A mobile station unit may transmit from an aircraft or ship,
with the captain's permission, which is:
(1) Within or over any area where radio services are regulated by
the FCC except where additional restrictions apply; and
(2) On or over international waters, if the unit is transmitting
from an aircraft or ship of United States registry.

Sec. 95.129 Station equipment.

Every station in a GMRS system must use transmitters the FCC has
certificated for use in the GMRS. Write to any FCC Field Office to find
out if a particular transmitter has been certificated for the GMRS. All
station equipment in a GMRS system must comply with the technical rules
in part 95.

 

[Al42]

Not only isd this a stupid law in concept, but it is also a stupid law as written

Does any state have a law like this (other than the ones prohibiting using a scanner in the furtherance of a crime) that's well written? I haven't seen one yet.

 

[Al42]

Since the FCC doesn't license (or even address) receivers, since reception is not regulated by federal law, none of these laws mentioning "licensed" equipment apply to themselves. Not only, as N_Jay said, is this a very poorly written law, the concept of this sort of law is poorly conceived.

Making the use of "X" in the commission of a crime a more serious offense than the original crime is stupid (someone who's going to commit an A or B felony is going to worry about a D or E misdemeanor being tacked on?), but at least it doesn't fall apart logically. Making it illegal to casually listen to police frequencies in a car is stupid. Making it illegal to have a receiver capable, by programming or other means, of receiving police frequencies in a motor vehicle is probably illegal - for restraint of trade, usurping federal prerogative and probably a few other glitches no one writing these laws seems to be overly concerned with.

 

[DonS]

Since the FCC doesn't license (or even address) receivers, since reception is not regulated by federal law, none of these laws mentioning "licensed" equipment apply to themselves.

While the FCC's GMRS rules do specifically license transmitters, they also say that a "station" must use transmitters that "the FCC has certificated for use in the GMRS". If that transmitter is incorporated into a device that also includes a receiver, then the receiver has likely been "certificated" as well, and thus becomes (or should become) part of the station.

That is: my equipment (a single device) includes a transmitter and a receiver. The device has been "certificated" by the FCC. The device is, therefore, an authorized part of my station. The station is licensed by the FCC. If the statute (like Florida's) has an exemption for FCC-licensed stations, then I can use my equipment (specifically, the receiver) within the bounds of that exemption.

 

[N_Jay]

Since the FCC doesn't license (or even address) receivers, since reception is not regulated by federal law, none of these laws mentioning "licensed" equipment apply to themselves.

While the FCC's GMRS rules do specifically license transmitters, they also say that a "station" must use transmitters that "the FCC has certificated for use in the GMRS". If that transmitter is incorporated into a device that also includes a receiver, then the receiver has likely been "certificated" as well, and thus becomes (or should become) part of the station.

That is: my equipment (a single device) includes a transmitter and a receiver. The device has been "certificated" by the FCC. The device is, therefore, an authorized part of my station. The station is licensed by the FCC. If the statute (like Florida's) has an exemption for FCC-licensed stations, then I can use my equipment (specifically, the receiver) within the bounds of that exemption.

Equipmengt is plural, so I can have a separate rx and tx if I so desire.

384*













* Number of angles dancing on the head of this pin!

 

[DaveNF2G]

I have only one question. Is this putative "law" something that Governor Bush has signed, or is it a bill in some committee of the Florida legislature?

Maybe some of the hand-wringing and chest-beating energy could be put to better use in writing to Florida lawmakers and persuading them that they should vote against this turkey when/if it reaches the floor.

:idea: