╚IP» Submitted by: George L. Thurston W4MLE 2116 Gibbs Drive Tallahassee FL 32303 Phone 904-385-1637 Florida Amateurs, who often had to fight city hall's zoning restrictions to put up a good antenna, now have the protection of state law, in addition to PRB-1. By unanimous vote in both houses, the Florida Legislature embedded the federal regulation into a new state law designated 91-28 (Chapters 125.0185 and 166.0435, Fla. Statutes). It's the first such statute in the country and could set an example for other states to follow. The new law, which became effective April 27, contains the essence of the FCC's antenna regulation PRB-1. Final passage of the bill was unanimous in both the House and the Senate. PRB-1 is the FCC regulation that says that local governments may not enforce laws or ordinances that unreasonably limit the size or height of Amateur Radio antenna support structures. Although it over-rules any state or local law to the contrary, city and county attorneys are usually not aware of it. Local governing boards often go ahead and write restrictive zoning codes anyhow, forcing hams to beat city hall in court -- often at great expense. Now, theoretically at least, it should only be necessary for a threatened Florida Amateur to cite the law to the city (or county) attorney.But PRB-1 has limitations. For one thing, it allows local government boards to apply the test of esthetics, so long as esthetic limitations don'tinterfere unduly with communications efficiency. And if you moved into a house with a lease or with a restrictive covenant, PRB-1 and Florida Statute 91-28 won't help a bit! The lease or covenant is a contract between the seller and you, the buyer. If you signed that property transaction, you agreed to abide by the covenant restrictions. And if the covenant restricts antennas, you're stuck. The solution is to buy a house without such a covenant hidden in the agate type. Statute 91-28 sailed through the legislature with virtually no trouble for several reasons. First, it didn't change anything. The cities and counties lost nothing to 91-28 that they hadn't already lost to PRB-1. The bill had the support of powerful legislators in both the House and the Senate. Rep. Hurley Rudd, Tallahassee, who introduced the House bill, lives a few doors down the street from ARRL State Government Liaison (SGL) John Hills KC4N, and sits on the general government subcommittee of the House Appropriations Committee. Supporters included House Speaker T. K. Wetherell. Senator Pat Thomas, Quincy, a prominent supporter of the bill, is chairman of the Senate Rules Committee. Senator Richard Crotty, Orlando, who introduced the companion bill in the Senate, sits on both the Appropriations Committee and the Committee on Community Affairs.Just as importantly, perhaps, was the enthusiastic support of the Florida Amateur community, organized and encouraged by Northern Florida SM Rudy Hubbard WA4PUP. The legislators and the Governor's office reported "anunusual number of phone calls" from around the state favoring the bill. Support for the bill had been widely promoted on virtually all Florida traffic nets, at hamfests and club meetings. The only opposition -- rather half-hearted at that -- came from the Florida League of Cities, but at the end, the League of Cities and the Florida Association of County Commissioners openly supported the bill. That's how unanimous votes get generated.-0-NOTE: W4MLE covered the Florida legislature for nearly 20 years as a television news bureau chief in Tallahassee.
