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RESOLUTION URGING THE FLORIDA LEGISLATURE TO REPEAL THE STATE LAW PREEMPTION OF LOCAL GOVERNMENTS REGULATING SMALL WIRELESS FACILITIES, ALSO REFERRED TO AS 5G EQUIPMENT; OR, ALTERNATIVELY, 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

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WHEREAS, during the 2017 Legislative Session, the Florida Legislature enacted Chapter 2017-136, Laws of Florida (House Bill 687), 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, during the 2019 Legislative Session, the Florida Legislature enacted Chapter 2019-131, Laws of Florida (Senate Bill 1000), 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 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 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 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 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,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to repeal the state law preemption of local governments regulating small wireless facilities, also referred to as 5G equipment or, alternatively, 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.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the action set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2020 State Legislative Package to include this item.