Res No. 20-17A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, URGING ALL MEMBERS OF THE
FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 596 AND
HOUSE BILL 687 PREEMPTING 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.
WHEREAS, Senate Bill 596 (SB 596) and House Bill 687 (HB 687) have been introduced into the
Florida Legislature. If passed, these bills would preempt local government control of taxpayer -owned public
structures and public rights-of-way in connection with the installation of small wireless communications
infrastructure; and
WHEREAS, this legislation would bar local governments from prohibiting or regulating the placement
of "small" or "micro" wireless facilities on or next to existing cell phone towers and utility poles within
taxpayer -owned public structures and public rights-of-way; would prohibit local governments from requiring a
permit approval process or charging fees to telecommunications companies for placing "small" wireless
facilities on lines between utility poles taxpayer -owned public structures and public rights-of-way; and would
prohibit local governments from imposing certain distance, size, and height restrictions on small or micro
wireless facilities within taxpayer -owned public structures and public rights-of-way; and
WHEREAS, this legislation would allow an application submitted to a local government for a permit
to collocate small wireless facilities to be automatically approved after 60 days if a local government does not
approve or deny it in that time; and
WHEREAS, the protection of Home Rule powers is of utmost importance to the City of Delray Beach,
and the City believes that Senate Bill 596 and House Bill 687 is unconstitutional and not good public policy;
and
WHEREAS, adoption of Senate Bill 596 and House Bill 687 would be an unconstitutional attempt to
statutorily revoke the municipal home rule powers protected in the Florida Constitution, specifically Article
VIII, Section 2(b), which protects municipalities throughout Florida, including the City of Delray Beach; and
WHEREAS, the aforementioned constitutional provision establish the constitutional relationship
between the State government and municipal governments, which cannot be repealed or undermined by a
statute; and
, this bill significantly erodes municipal home rule powers as applied to regulating its rights-
of-way; and
WHEREAS, the City of Delray Beach urges the State Legislature not to pass Senate Bill 596, House Bill
687, or similar legislation, as it is unconstitutional and not good public policy; and
WHEREAS, the City urges the Florida Senate not to adopt any companion bill or similar legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon the adoption.
Section 2. That the City urges the Florida House of Representatives and the Senate not to adopt
Senate Bill 596, House Bill 687, or companion legislation, as it is unconstitutional and not good public policy.
Section 3. That the City Clerk is directed to send a certified copy of this resolution to Governor
Rick Scott, the Florida Speaker of the House of Representatives, the Florida President of the Senate, the Palm
Beach County League of Cities, and the Florida League Cities, and the Palm Beach County Legislative
Delegation.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this 4th day of April,
2017.
ATTEST:
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RES. NO. 20-17
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #:17-316,Version:1
TO: Mayor and City Commissioners
FROM: R. Max Lohman, City Attorney
DATE: April 4, 2017
RESOLUTION NO. 20-17
Recommended Action:
Motion to Approve Resolution No. 20-17.
Background:
Resolution20-17expressestheCityCommission’soppositiontoproposedlegislationthatwouldpre-
empttheCityfromregulatingtheplacementof“small”ormicro”antennasontaxpayer-ownedpublic
structuresandpublicrights-of-way.TheCityurgestheFloridalegislaturetoopposethislegislation
as a derogation of the City’s “Home Rule” authority.
City of Delray BeachPage 1 of 1Printed on 4/3/2017
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