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 premption 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
CHAPTER 91-28
Committee Substitute of House Bill No. 203
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 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 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.