Call Search
     

New to Ham Radio?
My Profile

Community
Articles
Forums
News
Reviews
Friends Remembered
Strays
Survey Question

Operating
Contesting
DX Cluster Spots
Propagation

Resources
Calendar
Classifieds
Ham Exams
Ham Links
List Archives
News Articles
Product Reviews
QSL Managers

Site Info
eHam Help (FAQ)
Support the site
The eHam Team
Advertising Info
Vision Statement
About eHam.net

   Home   Help Search  
Pages: [1]   Go Down
  Print  
Author Topic: For Florida Hams  (Read 1004 times)
KG4BVD
Member

Posts: 0




Ignore
« on: December 29, 2002, 05:24:46 AM »

A very interesting note to ALL HAMS! Please READ!

DRAFT A

Federal Regulations (101FCC2d 952 (1985) and Florida Statutes (FS 125.561 and FS 166.0435) require that any state or local regulation must reasonably accommodate amateur radio communication. It has long been recognized by both the Federal Government and the State of Florida that conventional means of communication can be lost in any area for extended periods of time. FCC licensed amateur radio operators have historically provided communication for communities, and disaster agencies, during such emergencies. Due to the importance of this means of emergency communication the operating needs of the Amateur Radio Emergency Service (ARES) shall be reasonably accommodated in all areas.

Any local ordinance, regulation, deed restriction, covenant or property lease involving the placement, screening, or height of antennas structures shall reasonably accommodate amateur radio communication and shall impose the minimum regulation and restrictions necessary to accomplish clearly defined objectives of the local government, association or property owner.

On lots that are less than one acre in size, no local government ordinance shall restrict the height of an amateur radio antenna support structure to less than 75 feet above ground level. On lots of one acre or more, no local government ordinance shall restrict the height of an amateur radio antenna support structure to less than the 200 feet above ground level.
 
-------------------------------------------------------

So I did! I am on a property just under one acre. There were some ordinances that were being tossed around about boats, RV's,Motorcycles, and several other things.
 I gave a hard copy to the City's Code Enforcement office, and told them I AM putting up a 50 foot 3" Aluminum "pole" with stand-offs for multi-antannas.
 Currently I run An F-23 Diamond for 2 meter, A commercial grade VHF/UHF Omni for public Safety and a few small UHF and 800-1200 MHz yagi's soon to come.
  After reading the Federal Regulations (101FCC2d 952 (1985) and Florida Statutes (FS 125.561 and FS 166.0435) They did not say another word about it ;-)

So always look into you local law statutes and see how much you can actually do without taking flack from the local City/County/State guys? Remember, the Federal Regulations supersede the little boys.
  So go build that tower and tell em to quite whining. A lawyer know to me quite well also stated this would hold up Against homeowners associations as well, so let them cry because your tower is taller that their 4 story house or their majestic oak...WHAAA, I am tired of pee and restrictions coming from all sides of these Northerners moving to FL and saying "Well, time to chage the bylaws and state laws to meet of wants"! NOT HERE....Go back home if you even want to try to start messing around in my birthplace. I am protected by the US of A, and it is in writing, My tower stays up, and the next one to approach me and start crap about it, will get one of those Tresspass Warrants they love to issue here. So Chew on This a while and think, do you want them to do this to you too? I think not, So READ the laws, YOU have a RIGHT to put up YOUR antenna.

Ok, done with the rant. 73 all,
Walter
Logged
KG4RUL
Member

Posts: 2748


WWW

Ignore
« Reply #1 on: December 29, 2002, 07:26:14 AM »

Walter,

I am unable to located the document referenced below:

Federal Regulations (101FCC2d 952 (1985)

Could you provide any help on this?

Dennis - KG4RUL
Logged
KL7IPV
Member

Posts: 984




Ignore
« Reply #2 on: December 30, 2002, 06:21:31 PM »

I don't know about Florida law, but I think the aforementioned FCC section may be the PRB-1. That does limit restrictions by city, county, other governement agencies, but it did NOT limit the affects of CC&Rs. The FCC reasoned, and still reasons; that we give up our right to erect antennas once we sign the CC&Rs at the time we purchase a new home. The FCC doesn't care that it is nearly impossible to buy a newer home any where any more that does not have the CC&Rs included in them to restrict hams and other activities that many used to be able to do without worrying that the neighbors might be offended. So now, if we don't get our congress people to write a law that specifically allows for antennas and over rides CC&Rs; we will pretty much lose what ever freedom to operate that we have left. I have written my congressional reps. Have you?
73
Frank
KL7IPV
Logged
KL7IPV
Member

Posts: 984




Ignore
« Reply #3 on: December 30, 2002, 06:21:45 PM »

I don't know about Florida law, but I think the aforementioned FCC section may be the PRB-1. That does limit restrictions by city, county, other governement agencies, but it did NOT limit the affects of CC&Rs. The FCC reasoned, and still reasons; that we give up our right to erect antennas once we sign the CC&Rs at the time we purchase a new home. The FCC doesn't care that it is nearly impossible to buy a newer home any where any more that does not have the CC&Rs included in them to restrict hams and other activities that many used to be able to do without worrying that the neighbors might be offended. So now, if we don't get our congress people to write a law that specifically allows for antennas and over rides CC&Rs; we will pretty much lose what ever freedom to operate that we have left. I have written my congressional reps. Have you?
73
Frank
KL7IPV
Logged
KL7IPV
Member

Posts: 984




Ignore
« Reply #4 on: December 30, 2002, 06:21:52 PM »

I don't know about Florida law, but I think the aforementioned FCC section may be the PRB-1. That does limit restrictions by city, county, other governement agencies, but it did NOT limit the affects of CC&Rs. The FCC reasoned, and still reasons; that we give up our right to erect antennas once we sign the CC&Rs at the time we purchase a new home. The FCC doesn't care that it is nearly impossible to buy a newer home any where any more that does not have the CC&Rs included in them to restrict hams and other activities that many used to be able to do without worrying that the neighbors might be offended. So now, if we don't get our congress people to write a law that specifically allows for antennas and over rides CC&Rs; we will pretty much lose what ever freedom to operate that we have left. I have written my congressional reps. Have you?
73
Frank
KL7IPV
Logged
KL7IPV
Member

Posts: 984




Ignore
« Reply #5 on: December 30, 2002, 06:23:32 PM »

Ooop. The readout said the posting didn't get posted, but it did.......3 TIMES. !!! Sorry.
73
Frank
KL7IPV
Logged
WD4AOG
Member

Posts: 21




Ignore
« Reply #6 on: March 26, 2003, 02:50:24 PM »

Unless I missed something (and living in a deed restricted neighborhood I wish I had), there is nothing in the CURRENT Florida Statutes that mentions CCR's or deed restrictions.  There is a PROPOSED bill that addresses these things.

http://www.flsenate.gov/Statutes/index.cfm?Mode=Search%20Statutes&Submenu=2&Tab=statutes

Use the above link, enter the statue number and read for yourself.

73
Michael
WD4AOG
Logged
W5NYC
Member

Posts: 3




Ignore
« Reply #7 on: March 07, 2003, 05:36:14 PM »

I've checked both 125.561 and 166.0435 and am sorry to report that they refer specifically to the responsibilities of county and municipal governments only. FS 125.561 states

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.

Good try, though. I'm afraid that the CCRs rule, however.
Logged
N8UZE
Member

Posts: 1524




Ignore
« Reply #8 on: March 14, 2003, 12:52:49 PM »

Actually the original poster has quoted a section of the Florida law that does, on the surface, appear to overide CCRs as it specifically mentions home owners associations, deed restrictions, etc for Florida.  Of course one should consult a competent real estate attorney anyway.

As has been stated, however, PRB-1 does not in general overule CCRs but the Florida situtation looks a bit different since a state law appears to address the situation.
Logged
N6TGK
Member

Posts: 52




Ignore
« Reply #9 on: February 13, 2004, 12:29:08 PM »

Here's what the statue states:

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.

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.

No where in there does it say anything about CC&Rs that I can find.
Logged
Pages: [1]   Go Up
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!