Florida Scanner Law - Attorney General's Opinion

From: AGO 89-44

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

Retranscribed by: Todd L. Sherman/KB4MHH
Last updated: December 16, 2002.

Mobile Scanner & RADAR-Detector Laws In The U.S.
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