Upcoming changes to FSS 843.16 (Scanner Law)

[N4DES]

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37460&

http://www.myfloridahouse.gov/Secti...ocumentType=Bill&BillNumber=0151&Session=2008

A bill to be entitled
2 An act relating to radio equipment using law enforcement
3 frequencies; amending s. 843.16, F.S.; providing an
4 exception to the prohibition on the use of such equipment
5 for specified personnel using personal transportation to
6 and from work and for certain government employees;
providing an effective date. 78
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 843.16, Florida
12 Statutes, is amended to read:
13 843.16 Unlawful to install or transport radio equipment
14 using assigned frequency of state or law enforcement officers;
15 definitions; exceptions; penalties.--
16 (3) This section does shall not apply to the following:
17 (a) Any holder of a valid amateur radio operator or station
18 license issued by the Federal Communications Commission.
19 (b) or to Any recognized newspaper or news publication
20 engaged in covering the news on a full-time basis.
21 (c) or Any alarm system contractor certified pursuant to
22 part II of chapter 489, operating a central monitoring system.
23 (d) Any sworn law enforcement officer as defined in
24 s.943.10(1) or emergency service employee as defined in s.
25 496.404(9) while using personal transportation to and from work.
26 (e) An employee of a government agency that holds a valid
27 Federal Communications Commission station license or a valid
28 agreement or contract allowing access to another agency’s radio
29 station.
By the Committee on Criminal Justice; and Senator Hill
Florida Senate - 2008 CS for SB 522
591-06409-08 2008522c1
CODING: Words stricken are deletions; words underlined are additions.
Page 2 of 2
30 Section 2. This act shall take effect July 1, 2008.

And yes I had something to do with this...

 

[ElroyJetson]

The only catch is the two words "or transport". Technically, this would mean that you couldn't buy surplus radios from your county auction and take them to your shop if you weren't otherwise authorized by the listed exceptions.


I don't like that provision even though I'm already covered.

Other than that, it's an improvement.

It should also include another exception for radio technicians who are gainfully employed
in the radio communications industry.

Elroy

 

[N4DES]

It should also include another exception for radio technicians who are gainfully employed
in the radio communications industry.
Elroy

I tried to get that exeption in the contracts part but that must have been removed by someone after I sent it up the chain. I have a feeling because it became pretty wordy.

 

[keithmj]

Stupid as *ell

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37460&
And yes I had something to do with this...

Why didn't they put in there to bring Hitler back from the dead?

More stupid laws..Like getting a license is going to make a difference? Does a license make them..Smarter. Just another money making scheme for certain people who don't give a hoot about anybody else's rights or have a brain in their head..This is just like the stupid gun laws, take the guns away and then the government can do what they want to you and you can't do anything about it. Or the person (smart college kid with money) who wants to kill alot of people before the cops get there has nothing to worry about because no one can stop him.
Take away the radios and crooks will just go to another country to get theirs or steal them from police cars. This is not going to make a difference except to make it hard on those who just enjoy listening to scanning. Besides the police, fire, and ems are a public service and the public should have the right to know what is going on without a special permit, or outlawing having a radio, and this would include listening to radio transmissions..Next thing you know is that this is a Police State, or is it now?..Wise up people..Cheers..Keithmj

 

[N4DES]

Why didn't they put in there to bring Hitler back from the dead?

More stupid laws..Like getting a license is going to make a difference? Does a license make them..Smarter. Just another money making scheme for certain people who don't give a hoot about anybody else's rights or have a brain in their head..This is just like the stupid gun laws, take the guns away and then the government can do what they want to you and you can't do anything about it. Or the person (smart college kid with money) who wants to kill alot of people before the cops get there has nothing to worry about because no one can stop him.
Take away the radios and crooks will just go to another country to get theirs or steal them from police cars. This is not going to make a difference except to make it hard on those who just enjoy listening to scanning. Besides the police, fire, and ems are a public service and the public should have the right to know what is going on without a special permit, or outlawing having a radio, and this would include listening to radio transmissions..Next thing you know is that this is a Police State, or is it now?..Wise up people..Cheers..Keithmj

And your point is???? This isn't new. I had the exclusions clarified so gov't workers that don't have take home vehicles can legally transport their radios in their POV's. What point was it exactly that you didn't understand?

 

[keithmj]

Hi..I understand all the points brought out..Why does this have to be limited to just Gov employees? I drive a county bus for PSTA in Pinellas County, Florida so I am a Gov employee so I won't need a license is that correct and can transport in my vehicle? Why do we need a Ham license for a scanner in the first place? It doesn't make any sense does it. We are not transmitting anything. This is like being made to buy a boat license just to go fishing off the pier. It is a waste of money and time for our Gov and someone needs to stop the waste. I guess my point is..It is stupid to be required to have a license. And since you had a part in this did you tell them that? I would of..Cheers..Keithmj

Just a question..The exclusions that you had clarified, does that benefit you? If they are not at work then they should be subject to the same laws as Joe Public is.

 

[llllllllll]

sweet i work for county Gov't so i would not need a hammmM Card

 

[N4DES]

The reason was so an employee can carry his issued portable radio in his/her pov while on the way to and from work. You guys just think about scanners because it is your hobby, but statute is for "any" device capable of receiving police or fire transmissions. When they modified the statute it was made too restrictive so LEO'S, FF's, and general gov't employees that "transport" their agency issued radios in their POV's would be violating the current statue.

Read fom bottom of page 2...

http://www.myfloridahouse.gov/Secti...entType=Analysis&BillNumber=0151&Session=2008

Does it affect me, doubt it being my AR call sign is obvious. But it does affect my County's Emergency Manager and his group, our facility mgt group, and some SO &FR support personnel that don't have AR licenses or issued vehicles, but are all on 24 hour call.

 

[N4DES]

sweet i work for county Gov't so i would not need a hammmM Card

Not to listen to a agency that your affiliated with, but its clear for you to listen to someone else a formal agreement is to be in place.

 

[ElroyJetson]

You know, I've got an even BETTER idea:

Set it up so that there is NO law restricting ownership or use of a radio or scanner, regarless of whether you're licensed or not or who you work for or what you do for a living.

Instead, set up a law that provides for substantial additional penalties if you use a radio to benefit you in the commission of a crime, or if you exploit what you hear from it in some
manner that definitely causes harm to any identified party.

Don't regulate possession, regulate what you DO with it.

I don't care what you have. I care what you do with it.

This applies to guns, radios, cars, cooking utensils...you name it.


Elroy

 

[N4DES]

Already exists....

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0843/SEC167.HTM&Title=->2007->Ch0843->Section%20167#0843.167

 

[Bolt21]

Don't regulate possession, regulate what you DO with it.

I don't care what you have. I care what you do with it.

This applies to guns, radios, cars, cooking utensils...you name it.


Elroy

Amen brother. If we'd actually PENALIZE the criminals instead of law abiding citizens, we'd be getting somewhere.

 

[UFEMTFF]

Would memebers of Palm Beach County's Volunteer Batalion be considered employees? I know many of them are issued radios on the TRS, but technically (with the law as it stood before this update) they would've had to leave their portables at the station.

 

[ElroyJetson]

Well there you go. Strike 843.160 and let 843.165 and 843.167 stand and be enforced.

That is sufficient to satisfy the cause of justice.

Elroy

 

[N4DES]

Would memebers of Palm Beach County's Volunteer Batalion be considered employees? I know many of them are issued radios on the TRS, but technically (with the law as it stood before this update) they would've had to leave their portables at the station.

Can't say for sure, but it seems like they would be and given the same benefits of the full time guys should they be injured on the job.

 

[keithmj]

Smart

You know, I've got an even BETTER idea:

Set it up so that there is NO law restricting ownership or use of a radio or scanner, regarless of whether you're licensed or not or who you work for or what you do for a living.

Instead, set up a law that provides for substantial additional penalties if you use a radio to benefit you in the commission of a crime, or if you exploit what you hear from it in some
manner that definitely causes harm to any identified party.

Don't regulate possession, regulate what you DO with it.

I don't care what you have. I care what you do with it.

This applies to guns, radios, cars, cooking utensils...you name it.

Elroy

This would be the wise thing to do and it should be done that way but that is to easy. And since it is that way then why don't they just enforce the law and leave us alone? They really just want to take the scanners away from us and stop the use of scanners altogether, like that is really going to solve the problem of using a scanner in a crime. Look at all the laws they have now but don't enforce, just make more laws, that will solve everything. We have thousands or millions of people in florida who could be arrested for being here illegally (and they are getting paid by the government to be here) but they don't do anything about it but will throw me or you in jail for having a scanner in your car illegally, what is wrong with this picture? Any person who says that anyone who has a scanner and wants to listen to it in their car needs at least a HAM Technician license, sorry to say, isn't playing with a full deck. All it boils down to is that we are not of the elite class of people, but are just cavemen. I am studying for my Technician license because I want to do as the laws say but the laws should make sense. As I said if Gov employees are exempt then the garbage collectors, the bus drivers, city workers, county employees and a long line of people are exempt as they are gov employees but you watch it only pertain to the elite class, the police and fire depts. They need to have a poll here at RR to see who really agrees with getting a license for a scanner...Cheers..Keithmj

 

[jat1129]

I am a Fla retired FF and I have had scaners in my cars for the last 30+ years. I have never had a problem with it.
Don't break any laws and stay out of trouble. I an sure no PO is going to pull you over because he sees an antenna in your car. Even if he pulls you over chances are he is not going to care about any radios in your car unless you give him a reason to.
Just go about your bussiness and don't attract attention, be safe.

 

[gcr33]

Again, you will not come to the attention of law enforcement unless you do something stupid. Turn off the radio, put it under the seat or cover it up if you get stopped for a simple traffic violation.
The purpose of the law is not to give the operator of a scanner a hard time but to give an additional charge to criminals monitoring the police.
Driving by a scene (crash etc,) with the radio turned up surely would get you noticed.
(I have had some do that)

Do you want to be the person who tests the law? Use common sense.

 

[Grog]

The reason was so an employee can carry his issued portable radio in his/her pov while on the way to and from work. You guys just think about scanners because it is your hobby, but statute is for "any" device capable of receiving police or fire transmissions. When they modified the statute it was made too restrictive so LEO'S, FF's, and general gov't employees that "transport" their agency issued radios in their POV's would be violating the current statue.

Wow, so was it actually against the law for for someone to carry his issued equipment home in his POV?


Wow, all I can say is wow :lol:

 

[N4DES]

That would be correct....