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- From acmnews@zeus.unomaha.edu Sun May 26 02:53:01 1991
- Received: from electra.cs.Buffalo.EDU by castor.cs.Buffalo.EDU (4.1/1.01)
- id AA03744; Sun, 26 May 91 02:52:59 EDT
- Received: from zeus.unomaha.edu by electra.cs.Buffalo.EDU (4.1/1.01)
- id AA22856; Sun, 26 May 91 02:56:01 EDT
- Message-Id: <9105260656.AA22856@electra.cs.Buffalo.EDU>
- Date: 25 May 91 22:13:00 CDT
- From: "Paul Schleck" <acmnews@zeus.unomaha.edu>
- Subject: Florida State Antenna Law
- To: "bowen" <bowen@cs.Buffalo.EDU>
- 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.
-
- -----
-
- typos courtesy of wb9ivr@n4jlr...
-
-
-