File #: RES 2017-090    Name: Opposing SB 596/HB 687
Type: Resolution Status: Passed
File created: 2/28/2017 In control: City Commission
On agenda: 3/9/2017 Final action: 3/9/2017
Title: A RESOLUTION URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 596 AND HOUSE BILL 687, WHICH WOULD PREEMPT LOCAL GOVERNMENT CONTROL OF TAXPAYER-OWNED PUBLIC STRUCTURES AND RIGHTS-OF-WAY FOR PLACEMENT OF "SMALL" OR "MICRO" WIRELESS ANTENNAS AND EQUIPMENT BY THE WIRELESS COMMUNICATIONS INDUSTRY.
Sponsors: City Manager
Indexes: Legislative Agenda, Opposing Legislation, Resolution
Attachments: 1. RESOLUTION 2017-090-Opposing SB 596/HB 687-Wireless Communications, 2. EXHIBIT 1-FLC Wireless Communications Corrected Alert-SB 596/HB 687, 3. BACKUP-SB 596-Wireless Communications, 4. BACKUP-HB 687-Wireless Communications

AGENDA ITEM REPORT

TITLE:

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A RESOLUTION URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 596 AND HOUSE BILL 687, WHICH WOULD PREEMPT LOCAL GOVERNMENT CONTROL OF TAXPAYER-OWNED PUBLIC STRUCTURES AND RIGHTS-OF-WAY FOR PLACEMENT OF “SMALL” OR “MICRO” WIRELESS ANTENNAS AND EQUIPMENT BY THE WIRELESS COMMUNICATIONS INDUSTRY.

 

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BACKGROUND:

Senate Bill 596 (SB 596) and House Bill 687 (HB 687) have been introduced in the Florida Legislature and would preempt the City’s control of public structures and rights-of-way for placement of “small” or “micro” wireless antennas and equipment by the wireless communications industry.  The City of Coconut Creek’s State Legislative Agenda opposes any legislation diminishing the powers granted to local government.

DISCUSSION:

SB 596/HB 687 would prohibit local governments from regulating anything except applicable building codes for this wireless infrastructure. Wireless communications providers and speculators will be able to ignore land development regulations, pedestrian movement, traffic view zones, traffic circulation as well as safety and aesthetic considerations. By unreasonably capping the permit application and attachment fees as well as limiting the permit review timeframe, the bills would require taxpayers to subsidize the business interests of wireless communications providers. The bills would also require a city, at its taxpayers’ expense, to develop engineering and other structural reports on the city’s own structures that a wireless company may or may not decide to use for an antenna.

The Florida League of Cities (FLC) is also concerned about the impact of SB 596/HB 687 and has sent out a Legislative Alert opposing these two bills (Exhibit “1”). 

RECOMMENDATION:

Staff recommends approval of this Resolution.

FISCAL IMPACT:   N/A