Florida Statute 843.16 prohibits installing or transporting radio equipment in a vehicle that receives signals on frequencies assigned to law enforcement or fire rescue personnel. This applies to all vehicles except emergency vehicles, crime watch vehicles, or government-designated locations. However, there are key exceptions to this law that allow certain individuals to operate police scanners in their cars.
Exceptions to Florida’s Police Scanner Law
The law specifically exempts individuals with valid amateur radio operator or station licenses issued by the Federal Communications Commission (FCC). This exception raises a question of interpretation due to the use of “or” in the statute. Does it mean only amateur radio licenses, or does it extend to any type of FCC-issued station license?
While legal precedent is limited, some attorneys believe the wording suggests any FCC station license could suffice. Presenting any valid FCC license might lead to a dismissal of any potential charges. This interpretation stems from the ambiguity of the statute’s language.
Potential Ambiguity in the Statute
Florida Statute 843.16 is considered by some to be poorly worded, leading to confusion about its intended scope. The unclear language regarding the types of FCC licenses that qualify as exceptions contributes to this ambiguity. This lack of clarity could make enforcement challenging and potentially lead to inconsistent application of the law.
Beyond the FCC license exception, the law also exempts licensed radio stations, recognized news organizations, and certified alarm system contractors operating central monitoring systems. These exceptions acknowledge legitimate uses of radio equipment that might otherwise fall under the statute’s broad prohibition.
