Title
ORDINANCE NO. 20O-06-117: AN ORDINANCE OF THE CITY OF LAUDERHILL, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAUDERHILL BY AMENDING PART I, CHAPTER 12, ARTICLE IX, DIVISION 4 (“WIRELESS SYSTEMS”) TO CREATE THE “COMMUNICATIONS RIGHTS-OF-WAY ORDINANCE,” AS PROVIDED HEREIN; PROVIDING INTENT AND PURPOSE, APPLICABILITY AND AUTHORITY TO IMPLEMENT; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY; PROVIDING REQUIREMENT OF A PERMIT; PROVIDING APPLICATION REQUIREMENTS AND REVIEW PROCEDURES; PROVIDING FOR BONDS; PROVIDING FOR CONSTRUCTION METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING ENFORCEMENT REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH).
Body
Request Action:
Pass an ordinance re-writing the City of Lauderhill's communications within rights-of-way ordinance to be consistent with current law.
Need:
The City’s Code provisions providing for the regulation of communications and cable television facilities and the fees such providers pay the City were adopted many years ago and are no longer consistent with Florida law. Pursuant to a Florida statute adopted in 2019, communications providers can sue local governments and potentially obtain attorneys’ fees if they prevail and the city’s action was preempted by Florida statute.
Summary Explanation/ Background:
In 2000, Florida adopted the communications services tax, which replaced taxes and franchise fees on cable and communications services. The Florida Legislature also adopted Chapter 610, which preempts local franchising of cable service and designates the Florida Department of State as the cable franchising authority. More recently, Florida adopted the Florida Advanced Wireless Infrastructure Deployment Act (“Small Cell Statute”), codified in Florida Statute § 337.4...
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