Resolution 2019-31042 RESOLUTION NO. 2019-31042
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO
TAKE ANY AND ALL ACTION NECESSARY ON BEHALF OF THE CITY
OF MIAMI BEACH ("CITY") TO INTERVENE IN THE CASE FLORIDA
LEAGUE OF CITIES, INC., ET AL. v. LAUREL M. LEE, ET AL., CASE NO.
2019 CA 001948 (FLA.2D CIR.CT.),AND TO FURTHER AUTHORIZE THE
CITY ATTORNEY TO INITIATE ANY AND ALL ACTION NECESSARY, IN
LAW OR EQUITY, WHETHER IN LOCAL, STATE, OR FEDERAL, TO
ADDRESS THE DEPLOYMENT OF ADVANCED WIRELESS
INFRASTRUCTURE AND SMALL CELL WIRELESS FACILITIES AND
TECHNOLOGY (COLLECTIVELY, "SMALL CELL TECHNOLOGY AND
INFRASTRUCTURE"), AND THOSE APPROPRIATE EFFORTS TO
ELIMINATE PREEMPTION BY THE STATE OF FLORIDA AND, THE
REDUCTION OF THE CITY OF MIAMI BEACH'S HOME RULE POWERS
RELATING TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE.
WHEREAS, the State of Florida ("State") adopted Chapter 2017-136, Laws of Florida
("Amendment"), which substantially amended Section 337.401, of the Florida Statutes, relating to
the use of public (municipal or county) rights-of-way, and structures located within the right-of-way,
for broadband or wireless facility infrastructure; and
WHEREAS, the Amendment implemented specific notice requirements for ordinance
adoption, established shortened timelines for the processing of permit applications, and curtailed a
municipality's legal ability to appropriately charge permit fees; and
WHEREAS, the State adopted Chapter No. 2019-131, Laws of Florida("2019 Amendment"),
which further amended Section 331.401, F.S., to include various changes to the law on the use of
public rights-of-way, including those provisions pertaining to small wireless infrastructure; and
WHEREAS, the 2019 Amendment, specifically removed the requirement that wireless
providers are obligated to comply with local government nondiscriminatory utility undergrounding
requirements, further limiting a municipality's ability to deny permit applications for the installation or
collocation of small wireless facilities in a municipalities public right-of-way, prohibiting municipalities
from imposing certain requirements such as minimum separation requirements, and establishing a
private cause of action in state or federal court for any person allegedly aggrieved by a violation of
the statute, including pay attorneys' fees and costs to the aggrieved person; and
WHEREAS, the Florida League of Cities, Inc., the City of Fort Walton Beach, Florida, the
City of Naples, Florida, and the City of Port Orange, Florida, (collectively, "FLC") have filed a
complaint for declaratory and injunctive relief in the Circuit Court of the Second Judicial Circuit in
and For Leon County, Florida challenging the various statutory amendments adopted by the State;
and
WHEREAS, the Mayor and City Commission believe that it is in the best interests of the City,
and its residents to join FLC in its legal challenge of these statutory provisions, and protect the City's
home rule authority over the City's rights-of-way.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorizing the City Attorney to take any and
all action necessary on behalf of the City of Miami Beach to intervene in the case Florida League of
Cities, Inc., et al. v. Laurel M. Lee, etal., Case No. 2019 CA 001948 (Fla. 2d Cir. Ct.), and to further
authorize the City Attorney to initiate any and all action necessary, in law or equity, whether in local,
state, or federal, to address the deployment of advanced wireless infrastructure and small cell
wireless facilities and technology(collectively, "small cell technology and infrastructure"), and those
appropriate efforts to eliminate preemption by the State of Florida and, the reduction of the City of
Miami Beach's home rule powers relating to small cell technology and infrastructure.
PASSED AND ADOPTED this is day of aOh-er 2019.
ATTEST:
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Dan Gelber, Mayor
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Rafael E. ranado, City Clerk
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: October 16, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO
TAKE ANY AND ALL ACTION NECESSARY ON BEHALF OF THE CITY OF
MIAMI BEACH ("CITY") TO INTERVENE IN THE CASE FLORIDA LEAGUE
OF CITIES, INC., ET AL. V. LAUREL M. LEE, ET AL., CASE NO. 2019 CA
001948 (FLA. 2D CIR. CT.), AND TO FURTHER AUTHORIZE THE CITY
ATTORNEY TO INITIATE ANY AND ALL ACTION NECESSARY, IN LAW OR
EQUITY, WHETHER IN LOCAL, STATE, OR FEDERAL, TO ADDRESS THE
DEPLOYMENT OF ADVANCED WIRELESS INFRASTRUCTURE AND
SMALL CELL WIRELESS FACILITIES AND TECHNOLOGY
(COLLECTIVELY, "SMALL CELL TECHNOLOGY AND
INFRASTRUCTURE"), AND THOSE APPROPRIATE EFFORTS TO
ELIMINATE PREEMPTION BY THE STATE OF FLORIDA AND, THE
REDUCTION OF THE CITY OF MIAMI BEACH'S HOME RULE POWERS
RELATING TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the October 16, 2019 City
Commission meeting.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
Page 1001 of 2557
ATTACHMENTS:
Description
❑ Resolution Re Home Rule Powers Relating to Small Cell Technology and Infrastructure
Page 1002 of 2557