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Date: 25 May 91 22:13:00 CDT
From: "Paul Schleck" 
Subject: Florida State Antenna Law
To: "bowen" 
Status: RO

X-News: zeus.unomaha.edu rec.radio.amateur.misc:2979
From: William=E.=Newkirk%Pubs%GenAv.Mlb@BANYAN9.cgad.CR.rok.COM
Subject:Florida State Antenna Law
Date: 23 May 91 19:40:50 GMT
Message-ID:<9105231952.AA04781@ucsd.edu>

                           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  com-
munications 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.

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typos courtesy of wb9ivr@n4jlr...