Florida Statute 843.16 prohibits the installation and transportation of radio equipment capable of receiving frequencies assigned to law enforcement or fire rescue personnel in unauthorized vehicles. This law, aimed at preventing eavesdropping on official communications, applies to all motor vehicles and business establishments except emergency vehicles, crime watch vehicles, government facilities, and licensed radio stations.
A key exception to this statute allows individuals with valid amateur radio licenses issued by the Federal Communications Commission (FCC) to operate such equipment. The wording of the statute, however, creates ambiguity regarding whether any FCC-issued station license, not just amateur radio licenses, provides exemption. The statute uses the phrase “holder of a valid amateur radio operator or station license,” leaving open to interpretation whether “station license” refers solely to amateur radio station licenses or encompasses any type of FCC station license.
Legal opinions suggest that presenting any valid FCC license, regardless of type, might be sufficient to avoid penalties under this statute. This interpretation stems from the ambiguous phrasing and the lack of recent legal challenges clarifying the statute’s intent.
This ambiguity highlights a common issue with legal language where imprecise wording can lead to multiple interpretations. While the original intent might have been to limit the exemption to amateur radio operators, the current wording potentially extends to a broader range of FCC license holders. The lack of clarity underscores the need for periodic review and potential clarification of such statutes to ensure they accurately reflect their intended purpose. A Dec 2 Car Scanner, while potentially falling under this statute depending on its capabilities and usage, would likely be permissible if operated by someone holding a valid FCC license.
The statute does not apply to recognized news organizations engaged in full-time news coverage or alarm system contractors operating central monitoring systems with appropriate certifications. This ensures that legitimate newsgathering and security operations are not hindered. However, individuals using a dec 2 car scanner or similar equipment should be aware of this statute and ensure they comply with its provisions to avoid potential legal issues.
While Florida Statute 843.16 seeks to protect official communications, its ambiguous language surrounding FCC licenses creates uncertainty. Until further clarification through legal challenges or legislative amendments, the broader interpretation of “station license” potentially allows individuals with any valid FCC license to operate equipment covered under this statute. Individuals intending to use equipment capable of receiving restricted frequencies, including devices like a dec 2 car scanner, should consult with legal professionals to ensure compliance and avoid potential misinterpretations of the law.
