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Guide to U.S. Monitoring Laws  

1995 Edition  

Compiled by: Frank Terranella, Esq., 106 Cathay Road, Clifton, N.J. 07013

©Copyright 1995, Frank Terranella  


Notice from Grove Enterprises/Monitoring Times

Readers are advised that the material has not been updated since 1995, and local laws may have changed. If you have knowledge of such updates, please contact us at mt@grove-ent.com and we will post verified changes here. 


FLORIDA

FL ST § 843.16    

 

 843.16. Unlawful to install radio equipment using assigned frequency of   state or law enforcement officers;  definitions;  exceptions;  penalties

 

  (1) 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 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 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 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 shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

Comment:

 

            This law prohibits the installation in a motor vehicle or place of business of an FM radio tuned to receive police communications.  There are exemptions for emergency vehicles, crime watch vehicles, amateur radio operators, and governmental users, among others.  The Attorney General of Florida has issued an opinion which states that under this section the word "install" applies to a vehicular installation when (1) the unit is connected to and dependent upon the electrical power system of the vehicle;  and (2) the unit is connected to an external antenna capable of receiving police broadcasts.   Op.Atty.Gen., 074-369, Dec. 4,  1974.  A subsequent opinion, dated July 21, 1989 (89-44), reiterated the fact that while radio and television stations were exempt from the law, as it existed then, other journalists were not.  As a result of this decision, the Legislature amended the law effective October 1, 1990 to specifically exempt news organizations and alarm system contractors who operate a central monitoring system.

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