Resolution 2019-31101 RESOLUTION NO. 2019-31101
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO REPEAL SECTION
337.401(7), FLORIDA STATUTES, KNOWN AS THE
ADVANCED WIRELESS INFRASTRUCTURE
DEPLOYMENT ACT; DIRECTING THE CITY'S STATE
LOBBYISTS TO ADVOCATE FOR THE ACTIONS
DESCRIBED IN THIS RESOLUTION; AND AUTHORIZING
AND DIRECTING THE CITY ADMINISTRATION TO AMEND
THE CITY'S 2020 STATE LEGISLATIVE AGENDA TO
INCLUDE THIS ITEM.
WHEREAS, in the 2017 Legislative Session, the Florida Legislature adopted
House Bill 687, codified as Laws of Florida Chapter 2017-136, which added a new
subsection (7) to section 337.401, Florida Statutes, to be cited as the "Advanced Wireless
Infrastructure Deployment Act" (the "Act"); and
WHEREAS, the Act addressed the installation of wireless telecommunications
infrastructure within public rights-of-way and significantly preempted local authority over
regulation of small wireless facilities, also referred to as "5G" equipment; and
WHEREAS, in the 2019 Legislative Session, the Florida Legislature adopted
Senate Bill 1000 ("SB 1000"), codified as Laws of Florida Chapter 2019-131, which
amended the Act to significantly expand the preemption of local authority over local rights-
of-way in favor of installation of 5G and other wireless telecommunications equipment;
and
WHEREAS, among the most significant new impacts of SB 1000 was to preempt
local authority over new poles that are allowed in the rights-of-way and to entitle wireless
companies that install 5G equipment to their own new poles at their preferred locations,
without requiring collocation of multiple providers to reduce impacts to the rights-of-way;
and
WHEREAS, telecommunications companies are unique among other utilities that
are authorized to install equipment in the rights-of-way in that there are numerous
telecommunications companies, and both state and federal law require that regulations
be competitively neutral, which do not apply when there is a single utility; and
WHEREAS, the effect of SB 1000 has been to encourage a free-for-all among
multiple competing telecommunications providers, which have been rushing to install new
poles to accommodate their equipment in the public rights-of-way; and
WHEREAS, the numerous telecommunications providers seeking to install new
poles have been doing so with little regard to the disruption their work imposes on the
businesses and residents who use those rights-of-way on a daily basis; and
WHEREAS, in their rush to occupy the public rights-of-way and secure their
preferred territories, telecommunications companies have installed poles and associated
equipment in an unsafe manner, such as by leaving exposed electrical equipment or
wiring; and
WHEREAS, some companies have further exacerbated the disruption to public
rights-of-way by installing a pole before obtaining an electrical permit, inadequately
securing their construction sites while the electrical permits are pending, or performing
additional construction weeks later in the same location after obtaining their other required
permits; and
WHEREAS, companies have been hastily installing new poles with little regard for
whether they are obstructing historical buildings or art in public places, which deteriorates
the aesthetic of urban spaces; and
WHEREAS, these problems are a consequence of the Act depriving local
communities of the authority to manage their rights-of-way and also allowing dozens of
companies the same rights to access the public rights-of-way as utilities that have only
one or two providers seeking installations in the same areas; and
WHEREAS, rather than preempting local authority on a matter that so significantly
affects the very aesthetic of each of Florida's diverse communities, the Florida Legislature
should instead preserve and expand local authority to determine the design and overall
aesthetic of the public rights-of-way and other public spaces that each local government
is responsible for managing; and
WHEREAS, as such, the Mayor and City Commission of the City of Miami Beach
urge the Florida Legislature to repeal Section 337.401(7), Florida Statutes, known as the
Advanced Wireless Infrastructure Deployment Act, or, if full repeal is not feasible, to
amend Section 337.401, Florida Statutes, to restore local authority to determine the
design and overall aesthetic of the public rights-of-way and other public spaces that each
local government is responsible for managing; and
WHEREAS, the Mayor and City Commission further direct the City's state lobbyists
to advocate for the actions described in this Resolution, and authorize and direct the
Administration to amend the City's 2020 State Legislative Agenda to include this item;
and
WHEREAS, finally, the Mayor and City Commission direct the City Clerk to
transmit a certified copy of this Resolution to the Governor, Senate President, House
Speaker, and the Chair and members of the Miami Beach State Legislative Delegation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature to repeal Section 337.401(7), Florida
Statutes, known as the Advanced Wireless Infrastructure Deployment Act; direct the
City's state lobbyists to advocate for the actions described in this Resolution; and
authorize and direct the City Administration to amend the City's 2020 State Legislative
Agenda to include this item.
PASSED AND ADOPTED this it day of A°CINfkr , 2019.
ATTEST:
Dan Gelber, Mayor
fzIK
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Ricky Arriola)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
gt,A.
'INCORPORATED;
City Attorney _ Date
Resolutions -C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: December 11, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
REPEAL SECTION 337.401(7), FLORIDA STATUTES, KNOWN AS THE
ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT;
DIRECTING THE CITY'S STATE LOBBYISTS TO ADVOCATE FOR THE
ACTIONS DESCRIBED IN THIS RESOLUTION; AND AUTHORIZING AND
DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY'S 2020
STATE LEGISLATIVE AGENDA TO INCLUDE THIS ITEM.
ANALYSIS
Pursuant to the request of Commissioner Ricky Aniola, the attached Resolution is submitted for
consideration by the City Commission.
Applicable Area
Citywide
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 Ricky Aniola
ATTACHMENTS:
Description
o Resolution
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