Agenda 06/09/2020 Item #16K4 (No action regarding Public Petition on 5G)06/09/2020
EXECUTIVE SUMMARY
Recommendation to take no action with respect to the Public Petition initiated by James
Boatman, Esq., related to the roll-out of 5G in Collier County.
______________________________________________________________________
OBJECTIVE: To report back to the Board on the May 26, 2020 Public Petition by James
Boatman, Esq.
CONSIDERATIONS: On May 26, 2020, attorney James Boatman spoke to the Board under
Public Petition. The primary issue raised by Mr. Boatman concerned potential health risks
associated by the roll-out of 5G in Collier County. A copy of Mr. Boatman’s Petition with the
back-up to that agenda item is included. The current state of the law is that local governments
are preempted from bringing such challenges, with the FCC being charged as the appropriate
regulating body. A brief excerpt of two of these cases in included in the back-up.
A national battleground between local governments over the 5G roll -out, including the
preemption issue, is now awaiting decision by the Ninth Circuit Court of Appeals. That case
involves a number of cases that were consolidated into one, and include over 50 local
governments from all over the United States, including Alabama, Georgia, Maryland,
Massachusetts, Michigan, New Mexico, Illinois, Pennsylvania, Nevada, Nebraska, Iowa,
California, South Carolina, Texas, Washington, Oregon, Puerto Rico, Arkansas, and New York,
as well as the National League of Cities. A number of lengthy briefs were filed, which argue all
aspects of the 5G roll-out, including the health concerns raised by Mr. Boatman. The case was
argued before the Ninth Circuit in February, and a ruling is expected later this year. An article
concerning this litigation from the National League of Cities in included in the back-up
materials. The next stop in this litigation would be the U.S. Supreme Court.
The Board has two primary options in this.
1. Take no action at this time, as the Ninth Circuit litigation will likely be dispositive of
the issues raised by Mr. Boatman, and will likely conclude long before any action by
the County could reach a final decision.
2. Commence public hearings on the issues raised by Mr. Boatman, following which the
Board would be in a better position to decide whether any action ought to be taken.
The only litigation that I am aware of in Florida with respect to the Florida League of Cities and
the 5G roll-out deals with wireless providers being able to use local government right of way and
poles while paying a fraction of the fair market value for such use. The suit was filed against the
Secretary of State and the Florida Department of Revenue. A statement by the Florida League of
Cities describing the suit (which was joined in by the City of Naples), is included in the back -up
materials. The case was recently dismissed with prejudice on the apparent basis for failing to
state a cause of action against either the Secretary of State or the Florida Department of Revenue,
with the Court not barring a later claim against other parties. No further suit appears to have been
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filed.
FISCAL IMPACT: This action will have no fiscal impact to the County.
RECOMMENDATION: That the Board takes no further action with respect to the May 26,
2020 Public Petition by Mr. Boatman.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Public Petition Backup (PDF)
2. 5G Public Petition (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 12568
Item Summary: Recommendation to take no action with respect to the Public Petition initiated by
James Boatman, Esq., related to the roll-out of 5G in Collier County.
Meeting Date: 06/09/2020
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
06/03/2020 2:07 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
06/03/2020 2:07 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 06/03/2020 2:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/03/2020 2:19 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/03/2020 3:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
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Packet Pg. 1725 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1726 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1727 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1728 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1729 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1730 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1731 Attachment: Public Petition Backup (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman,
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Packet Pg. 1732 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1733 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1734 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1735 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1736 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1737 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1738 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1739 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1740 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1741 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)
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Packet Pg. 1742 Attachment: 5G Public Petition (12568 : Recommendation to take no action with respect to the Public Petition initiated by James Boatman, Esq)