Florida hams risk jail under new law

Florida has a new law that could mean jailtime for anyone who interferes with the reception of a licensed broadcast station.
Even hams, GMRS and other private radio operators are not exempt. Bill Pasternak, WA6ITF has more..

On July 1st a new Florida state law took effect that makes it a felony offense to transmit without a license or cause radio interference to a licensed broadcast station even if you have a license.

According to information provided by a reader of the C-G-C Communicator and a post by William Sinbine, N4EXO, to QRZ.com, state measure F-S 877.27 provides penalties ranging up to a $100,000 fine and five years in prison, for each offense. And as written even if you hold an FCC issued radio operators license the holder of a broadcast license take precedence.

Sinbine goes further. He notes a recent newspaper article that quotes Ralph Barlow of the Tampa FCC office. Barlow says that under this new law, local police and sheriff departments can act without even having to contact the FCC.

The American Radio Relay League acted early on to try to thwart the Florida legislation. Back on February 25th the League filed a Request for Declaratory Ruling seeking to have the FCC invoke federal preemption to strike down the Florida radio law. The ARRL's request said that the measure delves into issues that are way outside the jurisdiction of state laws. It asked for the regulatory agency to declare it null and void.

Bill Pasternak, WA6ITF,
Amateur Radio Newsline

At this time, the FCC is still sitting on the ARRL request without having taken any action. This means that F-S 877.27 has become an active Florida state law putting hams, and others, at risk.

(QRZ.com, CGC, ARNewslineT)

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