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Original source: Florida Statutes online (2005)
Title XLVI - CRIMES
Chapter 843 - Obstructing Justice
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 shall not apply to any holder of a valid amateur radio
operator or station license issued by the Federal Communications Commission or
to 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.
(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.
Florida Scanner Law - Attorney General's Opinion
From: AGO 89-44
Date: July 21, 1989
Does the installation and operation of police band radio monitors by persons other than radio or television stations violate the provisions of s. 843.16, F.S.?
In sum, I am of the opinion that:
The installation of a police band radio monitor in a business establishment or motor vehicle, except in emergency or crime watch vehicles or in a place established by federal, state, county or municipal government for governmental purposes, by a person other than a radio or television station or a holder of a valid amateur radio operator or station license issued by the Federal Communications Commission, violates s. 843.16, F.S.
It is assumed for purposes of this inquiry that a police band radio monitor is frequency modulation radio receiving equipment adjusted or tuned to receive messages or signals on frequencies assigned by the Federal Communications Commission to state or local law enforcement agencies.
Section 843.16(1), F.S., provides:
No person, firm, or corporation shall install 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 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.
Any person, firm or corporation violating the provisions of s. 843.16, F.S., is guilty of a misdemeanor of the second degree, punishable as provided in ss. 775.082 or 775.083, F.S. (FN1)
The statute thus prohibits the installation of radio equipment using the assigned frequencies of state and local law enforcement officers in business establishments or motor vehicles. The term "installation" is not defined in the statute. However, this office has stated that the term contemplates that the unit be connected to a power source and have need of an external antenna capable of rendering the unit functional. Thus, this office concluded that the elements of "installation," for purposes of s. 843.16, F.S., would be present when:
The radio unit is in some way connected to and dependent upon the motor vehicle's electrical power system; and the radio unit is connected to an independent and external antenna capable of receiving broadcasts of law enforcement agencies.
As to the installation of such equipment in a business establishment, the above-mentioned requirements would likewise apply except that the connection to a power source could be accomplished merely by plugging the unit into an electrical wall outlet. (FN2)
The statute recognizes several exceptions. Emergency vehicles (FN3) and crime watch vehicles (FN4) are expressly excluded from the statute. (FN5) Places established by the state, county, municipal or federal government for governmental purposes are also exempted. (FN6)
Section 843.16, F.S., provides that nothing contained therein shall be construed to affect any radio station licensed by the Federal Communications System. (FN7) This office has stated that this exemption applies to television stations as well as to radio stations. (FN8) In addition, holders of valid amateur radio operator or station licenses issued by the Federal Communications Commission are expressly exempted from the terms of the statute. (FN9)
Accordingly, I am of the opinion that if such radio equipment is installed in a nonemergency or noncrime watch motor vehicle or in a business establishment which is not a place established by municipal, county, state or federal authorities for governmental purposes, the installation by a person other than a radio or television station or holder of a valid amateur radio operator or station license issued by the Federal Communications Commission, violates s. 843.16, F.S.
Sincerely,
Robert A. Butterworth
Attorney General