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Resolution 2005-069 RESOLUTION NO. 2005-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPI'OSING ENACTMENT INTO LAW SPECIFIC I'ROVISIONS IN SECTION THREE IN PROPOSED FLORIDA SI~NATE BILL 0620 RELATING TO UNWARRANTED AND UNJUSTIFIED ELIMINATION OF LOCAL GOVERNMENT REGULATION OF WmELESS COMMUNICATIONS FACILITIES AND SITES WHEREAS, Collier County's objections to proposed Senate Bill 0620 are limited to Section 3 in Senate Bill 0620; and WHEREAS, Section 3 in proposed Senate Bill 0620 grants significant exemptions to wireless communications facilities from approval review of Florida counties, municipalities, and all other local governments (as defined in the Bill); and WHEREAS. the Bill's exemptions from local govel11ment approval review arc based upon alleged necessity to facilitate 911 service and/or E911 service; and WHEREAS, the Bill's proposed exemptions from local government review are not expressly limited only to wireless communications facilities (and sites) that facilitate 911 service and/or E911 service (through reliable wireless systems); therefore, first and foremost, the Bill must be amended to clearly state that all exemptions from local govel11ment review shall apply only to a provider's wireless communications facilities and sites that facilitate 911 service and/or E911 service; and WHEREAS, Section 3 in this Bill adds a new definition of "Administrative Review" (into Sec. 365.172) which level of review prohihits each Florida local government from having any hearing and from even reviewing any public input regarding placement of, or modifications to, wireless communications facilities (including towers) and sites; and WHEREAS, Section 3 in this Bill adds a new definition of "Building-permit review" (into Sec. 365.(72), which level of review affirmatively prohibits each Florida local govel11ment from considering compliance with land development regulations, defined as "... any ordinance enacted by a local govel11ing body for the regulation of any aspect of development, including an ordinance goveming zoning, subdivision, landscaping, tree protection, or signs, or any other ordinance concel11ing any aspect of the development of land. The term does not include bui Iding-construction standards adopted under and in compliance with chapter 553."; and WHEREAS, Section 3 in this Bill is proposed to be amended to specify that collocation alllong wireless providers is encouraged by the state, and that "collocations" (not expressly limited only to collocation of a wireless provider's facilities), provided such collocated facilities will not exceed the height of any other structure or appurtenance then at the supporting structure, and which are or a design and configuration consistent with all applicable restrictions or conditions applied to the first antenna, shall not be subject to land development regulations and shall be subject only to building-permit review. Also, collocations are not subject to restrictions, conditions, permits, or agreements imposed by a local government, acting in its regulatory capacity, which are inconsistent with Section 365.172, F.S. Section 3 in this Bill should clearly exempt only collocated facilities/sites that facilitate 911 and/or E911 service; and no wireless communications facilities or site should be exempted from a local government's landscaping requirements, sign ordinance, subdivision regulations, PUDs, or the local govel11ment's imposed collocation agreement provisions that are imposed upon applicant's applying for other essential service communications facilities or sites; and WHEREAS, Section 3 in this Bill (correctly limited only to "wireless providers"), specifies that local government's regulatory authority over placement of a wireless provider's facilities (including towers) is to be limited to evaluating only relevant land use and zoning issues, and the local govel11ment is no longer allowed to question the wireless provider's alleged business need for its selected site; therefore if the local government's zoning allows the applied-for facilities (including towers) at the applicant's selected site, the local government must allow the applied-for facilities to be placed on such site even if those applied-for facilities could functionally be placed on a more appropriate site with regard to adjacent properties. This proposed elimination of this currently existing local government authority is unjustified and unwarranted; and WHEREAS, Section 3 in this Bill provides that Florida's local governments can no longer mandate that wireless communications facilities be placed, constructed and/or rnodified in accordance with accepted trade construction standards, including EIAfTIA standards. Collier County's Communications Tower Ordinance (LDC) applies EIAfTIA standards to wireless communications facilities. There is no valid reason why any Florida local government should be prohibited from retaining its existing authority to mandate that wireless communications facilities comply with such trade construction standards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida opposes enactment into law of proposed Florida Senate Bill 0620 because the proposed amendments specified above in the WHEREAS clauses do not even remotely approach a proper balancing of the needs to facilitate 911 and/or E911 services against the public interests of local governments being able to regulate land use and communications facilities, including interests of the adjacent and nearby landowners who may be negatively affected by such land uses and facilities. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bill not be enacted into law unless and until the County's concerns, as expressed herein, are cured by amendments to proposed Senate Bill 0620, and other similar legislation, if any. THIS RESOLUTIO~ ADOPTED after motion, second and majority vote in favor of adoption this .:1 S 1yday of /(./1/1 <1/1. 'L , 2005. d .H ATTEST"-"I~ ''I3E1.'';;:.. "'.,,{]o! ""r(} , 4',\" .....',..J . DWIGwrE.:BR(:J~..cLERK " t;,. .... , ,\\~,'~\ c!\,~ .~ c-- ' '\.1....'.', '.\." '''~ ~..,' .' . "'.' l'toi .'t';' ~i'~,:1t.. /7 By" " . ",..."". . .... '/. .,', "'C,: ; "'[)eputvClil.l .'':',)',. . <';". 'iitH~.~>:,~;>:',/'I" Attest y,'t ......,,~..'...,'.':,...."" ..., '" 0...","-' .,:.1 :':"<1' .' sf""4twre ool'jr:~'lj'.,Jl S '" Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. (~ FRED W. COYLE, CHAI AN Item # 110M (-;"5'05 Thomas C. Palmer, Assistant County Attorney Agenda Date 1- l.boS , 'I