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FLORIDA STATE ANTENNA LAW In 1991, the State of Florida enacted legislation addressing the Federal Communications Commission limited preemption, entitled "Amateur Radio Preemption, 101 FCC 2d 952 (1985)". Florida law states that no county shall enact or enforce any ordinance which does not comply with FCC preemption mentioned above. If your state has no such legislation
protecting Amateur Radio rights, then download the Florida State Antenna
Law and send it to your local/state representatives along with a letter
requesting that similar legislation be introduced in your state on behalf
of the Amateur Radio Service.
FLORIDA STATE
ANTENNA LAW
An act relating to radio communication; creating ss. 125.0185 and 166.0435,F. S.; prohibiting counties and municipalities from enacting or enforcing restrictive ordinances governing amateur radio antenna; providing for construction of such antennas in conformance with federal requirements; providing for the applications of the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.0185, Florida Statutes, is created to read: 125.0185 Amateur radio antennas; construction in conformance with federal requirements. (1) No county shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled ``Amateur Radio Preemption, 101 FCC 2d 952 (1985)'' as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a county with respect to amateur radio antennas shall conform to the above cited limited preemption, which states that local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. (2) Nothing in this section shall effect any applicable provisions of chapter 333. Section 2. Section 166.0435, Florida Statutes, is created to read: 166.0435 Amateur radio antennas; construction in conformance with federal requirements. (1) No municipality shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled ``Amateur Radio Preemption, 101 FCC 2d 952 (1985)'' as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a municipality with respect to amateur radio antennas shall conform to the above cited limited preemption, which states that local regulations which involve placement, screening, or height of antennas based on health, safety, or a esthetic considerations must be crafted to reasonably accommodate amateur communications and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. (2) Nothing in this section shall effect any applicable provisions of chapter 333. Section 3. This act shall take effect upon becoming a law. Became a law without the Governor's approval April 27, 1991. Filed in Office Secretary of State April 29, 1991. |