HomeMy WebLinkAboutAgenda Item Cover PageTY OF,yr.
zw AGENDA ITEM COVER PAGE
*°.... °.....° File ID: #6510
<ox4`t
Resolution
Sponsored bv: Commissioner Ken Russell, Commissioner Manolo Reves
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY,
WHETHER LOCAL, STATE, OR FEDERAL, AS IT RELATES TO THE DEPLOYMENT
OF ADVANCED WIRELESS INFRASTRUCTURE AND SMALL CELL WIRELESS
FACILITIES AND TECHNOLOGY (COLLECTIVELY, "SMALL CELL TECHNOLOGY
AND INFRASTRUCTURE"), THE PREEMPTION BY THE STATE OF FLORIDA AND,
THE REDUCTION OF THE CITY OF MIAMI'S HOME RULE POWERS AS THEY
RELATE TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE, INCLUDING
BUT NOT LIMITED TO INTERVENING IN THE CASE OF FLORIDA LEAGUE OF
CITIES, INC. ET AL. V. LAUREL M. LEE, ET AL., CASE NO. 2019 CA 001948 (FLA.
2D CIR. CT.).
File Number: 6510
City of Miami
Legislation
Resolution
Enactment Number: R-19-0423
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY,
WHETHER LOCAL, STATE, OR FEDERAL, AS IT RELATES TO THE DEPLOYMENT
OF ADVANCED WIRELESS INFRASTRUCTURE AND SMALL CELL WIRELESS
FACILITIES AND TECHNOLOGY (COLLECTIVELY, "SMALL CELL TECHNOLOGY
AND INFRASTRUCTURE"), THE PREEMPTION BY THE STATE OF FLORIDA AND,
THE REDUCTION OF THE CITY OF MIAMI'S HOME RULE POWERS AS THEY
RELATE TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE, INCLUDING
BUT NOT LIMITED TO INTERVENING IN THE CASE OF FLORIDA LEAGUE OF
CITIES, INC. ET AL. V. LAUREL M. LEE, ET AL., CASE NO. 2019 CA 001948 (FLA.
2D CIR. CT.).
WHEREAS, in 2017, the State of Florida ("State") adopted Chapter 2017-136, Laws of
Florida ("2017 Amendment"), which substantially amended Section 337.401, Florida Statutes
(F.S.), as it related to the use of public (municipal or county) right-of-way, and structures located
within the right-of-way, for broadband or wireless facility infrastructure; and
WHEREAS, the 2017 Amendment, among other items, implemented notice
requirements for ordinance adoption, established shortened timelines for the processing of
permit applications, and curtailed a municipality's ability to charge permit fees; and
WHEREAS, in 2019, the State adopted Chapter No. 2019-131, Laws of Florida (2019
Amendment), further amending Section 331.401, F.S., to include changes to the law on the use
of public rights-of-way, including provisions on small wireless infrastructure; and
WHEREAS, the 2019 Amendment, among other items, removed the requirement that
wireless providers must comply with local government nondiscriminatory utility undergrounding
requirements, further limited a municipality's ability to deny permit applications for the
installation or collocation of small wireless facilities in a municipalities public right-of-way,
prohibited municipalities from imposing certain requirements such as minimum separation
requirements, and established a private cause of action in state or federal court for any person
allegedly aggrieved by a violation of the statute, including attorneys' fees and costs; and
WHEREAS, the Florida League of Cities, Inc., and the Cities of Fort Walton Beach
Naples, and Port Orange, Florida, (collectively, TLC") 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 various amendments adopted by the State; and
WHEREAS, the City Commission believes it is in the best interest of the City of Miami
("City") and its residents to join FLC in its challenge and protect the City's home rule authority
over the City's rights-of-way;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Attorney is authorized to take any and all action(s) necessary, in law
or equity, whether local, state, or federal, as it relates to the deployment of advanced wireless
infrastructure and small cell wireless facilities and technology (collectively, "Small Cell
Technology and Infrastructure"), the preemption by the State, and the reduction of the City's
home rule powers as they relate to Small Cell Technology and Infrastructure, including but not
limited to intervening 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.).
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
j
i " ria i hdez, City ,wttor ey 9/17/2019
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.