Navigating the legal landscape for car enthusiasts often brings up interesting questions, especially when it comes to modifications and accessories. In Florida, a common query revolves around police scanners: are they legal to have in your vehicle? Florida Statute 843.16 attempts to address this, but as we delve into the specifics, the answer isn’t as straightforward as you might expect.
Florida Statute 843.16, titled “Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers,” lays out some restrictions. The statute essentially says that you can’t have “frequency modulation radio receiving equipment” in your car (or business) that is “adjusted or tuned as to receive messages or signals on frequencies assigned… to police or law enforcement officers.”
However, the law includes several exceptions. Emergency vehicles and crime watch vehicles are exempt, as are government locations. Crucially, and somewhat surprisingly, the law also states it doesn’t apply to:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
This is where the ambiguity kicks in. The statute uses “OR” in this exemption: “amateur radio operator or station license.” Legal experts have pondered whether this means you need both types of licenses, or if either one is sufficient to be exempt from the law.
Some attorneys interpret this “OR” very broadly. Their view is that any FCC-issued station license might be enough to satisfy the exemption. Imagine this scenario: you’re questioned about a police scanner in your car in Florida. According to this interpretation, showing any FCC license could lead to the case being dismissed.
The statute, as it’s written, appears to be a classic example of legislation drafted without a complete grasp of the technology involved. This ambiguity hasn’t been definitively tested in court recently, leaving a gray area. While the law aims to restrict unauthorized monitoring of law enforcement frequencies, its wording leaves open a potential loophole for anyone holding any type of FCC license.
For Floridians interested in using police scanners in their cars, understanding Florida Statute 843.16 is essential. While the law exists, its ambiguous wording, particularly concerning FCC licenses, creates a legal gray area that is open to interpretation.
