scanning legality question

[whooey]

I live in Gainesville (Alachua county), Florida. this is the official statement from the county for the smartzone system: (The City and County is not releasing any details regarding the system, and is restricting monitoring access to only authorized news media, ham operators, and others who the state indicates are legal listeners to mobile scanners in the state of Florida.) I think the keyword there is mobile, but i listen at home (pro2096) and in my truck (pro96) all the time, am I breaking this rule? If so what could happen? Any input is appreciated.

 

[Videokid]

That statement is in accordance with Florida's scanner laws, specifically regarding mobile scanners. Amateur radio license holders are exempt from this rule.

 

[scnnr]

I think the keyword there is mobile, but i listen at home (pro2096) and in my truck (pro96) all the time, am I breaking this rule? If so what could happen? Any input is appreciated.

I would just keep on doing what you are doing and if you should be stopped for any reason just make sure that the scanner is turned off and slide it down beside your right leg on the floor out of site.

We are not supposed to have a scanner in the vehicle here in my province, the only one in Canada with that crazy law on the books I might add, but I have been monitoring mobile for well over 20 yrs now. Never had any problems.

Randy

 

[mciupa]

(The City and County is... restricting monitoring access to only authorized news media, ham operators, and others who the state indicates are legal listeners to mobile scanners in the state of Florida.)

I listen at home (pro2096)

...should be no problem there.

...and in my truck (pro96) ...am I breaking this rule? If so what could happen?

Unless you have authorization, then yes. I imagine your radio would be
confiscated,and you would have to appear at court (if you are unlucky
enough to be investigated)

Be discrete and don't attract attention and you should be fine.

 

[whooey]

I appreciate the response guys, I am always discrete about mobile scanning. By the way I would be heartbroken if my pro 96 got taken away!!!

 

[n4voxgill]

[I would just keep on doing what you are doing and if you should be stopped for any reason just make sure that the scanner is turned off and slide it down beside your right leg on the floor out of site.


If you do that, then don't make quick moves as you are brought out of the car at gun point while they check to see if it was a weapon or drugs that you were trying to conceal. Don't ever try to hide anything, it can get you killed.

 

[crayon]

Yet another reason for someone else to get an amatuer radio license, as mentioned, because they are exempted from these silly "no mobile scanner" laws.

The no-code tech test was cake to take. Anyone with a basic understanding of RF and electronics should be able to pass the test.

Besides .. it gives you a perfectly good reason to go out and buy yet another radio!

Yes, dear. I know, I know. But, with this one I can TRANSMIT.

 

[radiocacher]

I hold a GMRS license, I wonder if that would qualify?

 

[crayon]

I hold a GMRS license, I wonder if that would qualify?

The law only exempts amateur radio license holders.

 

[Videokid]

GMRS is commercial in nature. Amateur radio is specifically for non profit use. Besides, the Florida statute specifically says amateur radio.

As far as getting an amateur radio license it's very straight forward. I did a few sample tests online for about an hour and then drove to the test site, took the test, passed and got my license in the mail a few weeks later.

 

[Mozilla]

Fla statutes

Its not illegal to have a scanner in your vehicle...period.
What is illegal is the use of any vehicle power or antenna connection to a scanner regardless of its a handheld or mobile.
Use a handheld or even a mobile in a bag with self contained power and an antenna ... you are legal.
Attach either a handheld or mobile to the vehicles power, even thru a cigarette lighter or external antenna connection..... illegal.
The Statute is 843.16...its a 2nd degree misdemeanor.
There is an attorney generals opinion AGO 89-44 as to the key word....INSTALL About 2/3rds down it goes into what installed is.
Its probably llisted in the Florida Forum... or can be found on the WEB
Where did you get that qoute from...do you have a link you can post ...???

 

[RocketMan1]

Re: Fla statutes

Its not illegal to have a scanner in your vehicle...period.
What is illegal is the use of any vehicle power or antenna connection to a scanner regardless of its a handheld or mobile.
Use a handheld or even a mobile in a bag with self contained power and an antenna ... you are legal.
Attach either a handheld or mobile to the vehicles power, even thru a cigarette lighter or external antenna connection..... illegal.
The Statute is 843.16...its a 2nd degree misdemeanor.
There is an attorney generals opinion AGO 89-44 as to the key word....INSTALL About 2/3rds down it goes into what installed is.
Its probably llisted in the Florida Forum... or can be found on the WEB
Where did you get that qoute from...do you have a link you can post ...???

Do you have a link to where you got this info, I've checked the Indiana Attorney generals web site, I've tried a Clusty search, I keep running into dead ends. Thanks

 

[W4KRR]

Go here for a link to all state scanner laws:

http://www.afn.org/~afn09444/scanlaws/

 

[whooey]

I found that quote right out of the RR database, try this link:http://www.radioreference.com/modules.php?name=TRSDB&sid=195 its under the latest news @ the top of page.

 

[whooey]

well that link didnt work how i wanted it to...

 

[nd5y]

GMRS is commercial in nature.

Wrong.

http://wireless.fcc.gov/services/personal/generalmobile/licensing/eligibility.html

Tom

 

[crayon]

The syntax for hiding a url with a word is:

URL text

Edit your post and try again!

 

[thumbtrap]

Re: Fla statutes

Its not illegal to have a scanner in I've checked the Indiana Attorney generals web site, I've tried a Clusty search, I keep running into dead ends. Thanks

These gentlemen are specifically discussing Florida's scanner laws, which by quirk of wording and subsequent interpretation in court, have come to be applied as outlined above. You probably won't find anything about Florida's scanner laws at the Indiana Attorney General's web site.

 

[EMS12]

I hold a GMRS license, I wonder if that would qualify?

The law only exempts amateur radio license holders.

I would debate this a bit.

I Think the wording is such as stations licensed by the FCC and Amature Radio Operaters. A GMRS license is a FCC issued license.


Same as a GROL General Radiotelephone Operator License. Its a FCC License and is issued by the FCC.

This is the exemption paragraph taken from the FL Scanner law.

This section shall not apply to any holder of a valid amateur
radio operator or station license issued by the Federal
Communications Commission or to 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.

 

[radioscan]

I apologize for jumping off topic since the original messages are focusing on Florida law.
However, since Indiana law was brough up I thought
I would go ahead and paste the exact Indiana Law for future reference.


----------------------------------------------------------------------

• 
  Indiana scanner Law:
  
  State Statute I.C. 35-44-3-12
  
  
  IC 35-44-3-12
  Sec. 12. (a) A person who knowingly or intentionally:
  (1) possesses a police radio;
  (2) transmits over a frequency assigned for police emergency purposes; or
  (3) possesses or uses a police radio:
  (A) while committing a crime;
  (B) to further the commission of a crime; or
  (C) to avoid detection by a law enforcement agency;
  commits unlawful use of a police radio, a Class B misdemeanor.
  (b) Subsection (a)(1) and (a)(2) do not apply to:
  (1) a governmental entity;
  (2) a regularly employed law enforcement officer;
  (3) a common carrier of persons for hire whose vehicles are used in emergency
  service;
  (4) a public service or utility company whose vehicles are used in emergency
  service;
  (5) a person who has written permission from the chief executive officer of a law
  enforcement agency to possess a police
  radio;
  (6) a person who holds an amateur radio license issued by the Federal
  Communications Commission if the person is not
  transmitting over a frequency assigned for police emergency purposes;
  (7) a person who uses a police radio only in the person's dwelling or place of
  business;
  (8) a person:
  (A) who is regularly engaged in newsgathering activities;
  (B) who is employed by a newspaper qualified to receive legal advertisements
  under IC 5-3-1, a wire service, or a
  licensed commercial or public radio or television station; and
  (C) whose name is furnished by his employer to the chief executive officer of
  a law enforcement agency in the county in
  which the employer's principal office is located;
  (9) a person engaged in the business of manufacturing or selling police radios; or
  
  (10) a person who possesses or uses a police radio during the normal course of the
  person's lawful business.
  (c) As used in this section, "police radio" means a radio that is capable of sending
  or receiving signals transmitted on
  frequencies assigned by the Federal Communications Commission for police emergency
  purposes and that:
  (1) can be installed, maintained, or operated in a vehicle; or
  (2) can be operated while it is being carried by an individual.
  The term does not include a radio designed for use only in a dwelling.
  As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.
  

Mark