iMONITOR
Silent Key
This is not correct.
upcoming vacation to Florida East Coast Question about FL scanner in car law
- Thread starter maxxkatt
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This is not correct.
iMONITOR
Silent Key
oops
Last edited:
iMONITOR
Silent Key
843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.—
(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, 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. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect 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.
(2) As used in this section, the term:
(a) “Emergency vehicle” shall specifically mean:
1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;
2. Any fire department vehicle of any city or county of the state or any state fire department vehicle;
3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state;
4. Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any county in the state when said vehicle is to be assigned the use of frequencies assigned to the said county;
5. Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief of any city in the state when said vehicle is to be assigned the use of frequencies assigned to the said city.
(b) “Crime watch vehicle” means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the appropriate sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies assigned to the county or city. Such approval shall be renewed annually.
(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
(b) Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
(c) Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.
(d) Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work.
(e) An employee of a government agency that holds a valid Federal Communications Commission station license or that has a valid agreement or contract allowing access to another agency’s radio station.
(4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1-4, ch. 26886, 1951; ss. 24, 35, ch. 69-106; s. 1049, ch. 71-136; s. 1, ch. 86-55; s. 1, ch. 90-62; s. 95, ch. 2005-164; s. 1, ch. 2008-70.
[source]
(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, 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. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect 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.
(2) As used in this section, the term:
(a) “Emergency vehicle” shall specifically mean:
1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;
2. Any fire department vehicle of any city or county of the state or any state fire department vehicle;
3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state;
4. Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any county in the state when said vehicle is to be assigned the use of frequencies assigned to the said county;
5. Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief of any city in the state when said vehicle is to be assigned the use of frequencies assigned to the said city.
(b) “Crime watch vehicle” means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the appropriate sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies assigned to the county or city. Such approval shall be renewed annually.
(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
(b) Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
(c) Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.
(d) Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work.
(e) An employee of a government agency that holds a valid Federal Communications Commission station license or that has a valid agreement or contract allowing access to another agency’s radio station.
(4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1-4, ch. 26886, 1951; ss. 24, 35, ch. 69-106; s. 1049, ch. 71-136; s. 1, ch. 86-55; s. 1, ch. 90-62; s. 95, ch. 2005-164; s. 1, ch. 2008-70.
[source]
How is it not correct?
The first responders are limited to using the radio while commuting to and from work, but we all know no one is going to pursue that.
iMONITOR
Silent Key
My personal opinion and I'm not a lawyer. Hide it act right and don't consent to a search and you'll be on your way. There is still such a thing as illegal search and seizure.
iMONITOR
Silent Key
maxxkatt
Maxx Katt, once upon time artist.
Well that pretty much sucks. Maybe at the GA-FL state line rest stop, I will just take off my magnet mount antenna, wind up the coax and put that and the scanner in my suitcase. Only want to listen to CB radio for truckers. Funny thing is if anyone is going to commit a crime and use the scanner, I don't think they will respect the no scanner law. But law abiding citizens get their rights trampled by these state legislator who only seem to pass laws to remain in office by passing ever more restrictive laws. I have see that happen a lot in reference to metal detecting in state and city parks. Easy to say no to something and metal detecting and scanner hobbies really don't have strong lobbies to protect the hobbyists. On the other hand the NRA will fight to the very end to stop (if possible) all 2nd amendment restrictions proposed by any government body and lawmakers. They will even spend big to get offending lawmakes voted out of office and rightly so.
Me thinks, next year the family vacation will be in SC.
Me thinks, next year the family vacation will be in SC.
whooey
Member
You will be fine, leave the antenna up.
bberns22
Member
The odds of having a problem are very low however one cop having a bad day could cause you a bad day.
iMONITOR
Silent Key
DJ11DLN
Member
I have family in FL, nobody has ever paid any attention to the antenna on my car when I've driven down to visit.
But then nobody pays any attention to it here and it's illegal here too.
YMMV as always.
But then nobody pays any attention to it here and it's illegal here too.
YMMV as always.
APX8000
Sarcastic Member
a) “Emergency vehicle” shall specifically mean:
1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;
I guess all those DEA, ATF, HSI and dozens of other Federal Agencies are SOL !
Just goes to show how poorly written statutes are. They actually had to change the law to add that it didn’t apply to “Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work” because all those LEOs bringing home their department issued portables were in violation !
If you have a ham ticket or a PD/Fire/EMS badge and creds, you’ll be sent down the road from everyone I know. If you’re burglarizing dwellings and get caught with a scanner in your vehicle, have a happy felony !
1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;
I guess all those DEA, ATF, HSI and dozens of other Federal Agencies are SOL !
Just goes to show how poorly written statutes are. They actually had to change the law to add that it didn’t apply to “Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work” because all those LEOs bringing home their department issued portables were in violation !
If you have a ham ticket or a PD/Fire/EMS badge and creds, you’ll be sent down the road from everyone I know. If you’re burglarizing dwellings and get caught with a scanner in your vehicle, have a happy felony !
wtp
Member
in·stall/inˈstôl/
verb
1.place or fix (equipment or machinery) in position ready for use.
"to install" could mean to just put the radio inside the car, so on a bad day just having it in the car could be illegal.
verb
1.place or fix (equipment or machinery) in position ready for use.
"to install" could mean to just put the radio inside the car, so on a bad day just having it in the car could be illegal.
iMONITOR
Silent Key
So how does one bring a scanner home if he just bought it from a fellow RR member across town, or goes to a meet of some kind. I guess he has to ship it?
I've never had any kind of problem with LEOs during traffic stops. One time I was pulled over with two of my scruffy buddies and I had'nt shaved in two weeks. We were on our way to a shooting range. I got pulled over for speeding and we had 8 handguns, 5 AR15's and 2 AK47's and tons of ammo. We disclosed everything even though we didn't have to mention the long guns. We were on our way in about 15 minutes and no ticket. We treated them with respect, answered all there questions, acted right, have clean records, told us to have fun, no problems.
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If you read the law carefully, it restricts having it installed and tuned to police or fire. Nothing says you can’t have it installed and listening to anything else.So how does one bring a scanner home if he just bought it from a fellow RR member across town, or goes to a meet of some kind. I guess he has to ship it?
It’s outdated and unenforceable the law is absolutely no transmitting on public safety airways period, besides all Florida FHP is Encrypted, if your caught transmitting it’s a 1 st degree felony
zlandmedia
not that florida man
Read the statute. It says radio. A scanner is a radio, since it can receive signals broadcast over frequencies. The law does not exclude reception at all.
Like I said this so called statute is not enforceable, This cannot be implemented ask any Attorney .
APX8000
Sarcastic Member
There are a lot of lawyers on here. Use common sense and you won’t have an issue. Just like iMonitor said...I would have said the same thing to them. And busted some chops for no .50 caliber....
If a statute as presented so freely in the last few comments can be found , there should not be any problem showing any person ever prosecuted for this statute, in fact there isn’t one.
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