[South Florida DX Association] Re: [FLham] Re: [PBC ARES] RE: Palm Beach County antenna zoning

[Sherri Brower]

Florida has had a law that mirrors PRB-1 since 1991.

I believe we were one of the first states to have one.
See below

125.561  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 affect any applicable provisions of 
chapter 333.

History.--s. 1, ch. 91-28.

Note.--Former s. 125.0185.

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.

History.--s. 2, ch. 91-28.

Sherri Brower, W4STB
ARRL Southern FL Section Manager


AI4WM wrote:
> The problem is that PRB-1 has no teeth.  Never did and probably never
> will.  What FL needs is a statute like PA just passed or what VA has
> had.  Their statutes dictate what  CAN be done.  We hams need to work
> more with our state legislators and get better legislation rather than
> the vagueness from PRB-1.
>
> Besides all this should come from the FCC who should be, but usually
> has been shirking their responsibilities, responsible for radio law
> enforcement.
>
> 73,
> Bill
> AI4WM
>
> On Mon, Dec 8, 2008 at 11:45 AM, Leon D. Zetekoff
> <wa4zlw at backwoodswireless.net> wrote:
>   
>> Warren...check with the folks at league HQ and get their reaction. I used to
>> live in Boca, I feel your pain.
>>
>> 73 Leon wa4zlw
>>
>> Warren Rothberg wrote:
>>     
>>> Yes, I have done all that. Today I spoke with a Principle Planner in the
>>> Code Division. Based on input they received from a "group of hams" when they
>>> were wording the code, installation of ANY Amateur antenna on a multi-family
>>> dwelling (HOA, COA, Townhouse, Apartment Building, High Rise, etc.) is NOT
>>> permitted under any circumstances. The only way to change this is through
>>> the County Commissioners during the once per year code review. Under the
>>> best of circumstances, this change in the ordinance could not take effect
>>> until late next year. And only if the County Commissioners care enough about
>>> it to put it on their agenda at all.
>>>
>>> I asked about PRB-1 and the Florida Statute Title XII, Chapter 166
>>> (166.0435) which is a Florida Statute that is basically a word for word
>>> repeat of PRB-1. She said that they have provided "reasonable accommodation"
>>> in allowing antennas on single-family detached dwellings. And "reasonable
>>> accommodation" is a matter of THEIR interpretation.
>>>
>>> So all you folks out there who have put up antennas on multi-family
>>> dwellings should be gratified to know that your installation is illegal.
>>> This appears to be the end of my tale.
>>>
>>> Warren, W4WR
>>>
>>> -----Original Message-----
>>> *From:* Victor Kieffer [mailto:vkieffer3 at bellsouth.net]
>>> *Sent:* Monday, December 08, 2008 10:28 AM
>>> *To:* w4wr at bellsouth.net
>>> *Subject:* Palm Beach County antenna zoning
>>>
>>> Warren:
>>>
>>> The best way to do this is to get on the Internet and go to
>>> www.pbcgov.com/pzb/ <http://www.pbcgov.com/pzb/> .
>>>
>>> [snip]
>>>
>>> 73,
>>>
>>> Victor Kieffer
>>>
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