Florida law dictates who can legally install and use a police scanner in a vehicle. Understanding these regulations is crucial before purchasing and installing such equipment.
Florida Law and Police Scanner Use
Florida Statute 843.16 outlines the rules regarding the use of radio equipment capable of receiving frequencies assigned to law enforcement and other emergency personnel. The law prohibits the installation or transportation of such equipment in any motor vehicle or business establishment, unless it meets specific exceptions.
This essentially means that you cannot have a police scanner in your car unless it’s an emergency vehicle, a designated crime watch vehicle, or located in a government-authorized facility. The law aims to prevent unauthorized individuals from intercepting official communications. However, there are important exceptions to consider.
Exceptions to the Rule
The statute explicitly exempts certain individuals and organizations from this prohibition:
- Licensed Amateur Radio Operators: Individuals holding a valid amateur radio operator or station license issued by the Federal Communications Commission (FCC) are permitted to operate equipment capable of receiving police frequencies. This exception recognizes the legitimate activities of licensed amateur radio operators. There is some debate regarding the interpretation of the “or” in this clause. Some legal experts believe any valid FCC-issued station license, not just amateur radio licenses, may suffice. While this interpretation hasn’t been definitively tested in court recently, presenting any FCC license might lead to dismissal of a potential case.
- News Media: Recognized news organizations engaged in full-time news coverage are also exempt, allowing them to monitor emergency frequencies for reporting purposes.
- Alarm System Contractors: Certified alarm system contractors operating central monitoring systems are permitted to use equipment that receives police frequencies. This allows them to respond effectively to alarm activations.
- Licensed Radio Stations: FCC-licensed radio stations are also exempt from this statute.
Understanding the Ambiguity
The wording of Florida Statute 843.16 has been criticized for its ambiguity. The intent behind the law is clear – to restrict access to sensitive communications. However, the specific language leaves room for interpretation, particularly regarding the types of FCC licenses that qualify as exceptions. This lack of clarity highlights the importance of consulting with legal professionals if you have questions about the legality of using a police scanner in your vehicle.
Conclusion
While readily available for purchase, installing and using a police scanner in your car in Florida is subject to specific legal restrictions. Before obtaining a police scanner, thoroughly research and understand Florida Statute 843.16 and its exceptions. If you are unsure about your eligibility to operate a scanner, consulting with an attorney specializing in communications law is highly recommended to ensure compliance and avoid potential legal consequences.
